Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
story:
I originally put a letter into A&L to reclaim about 700 quids worth of charges right before the test case was initiated. so it sat stayed and i got frther and further into trouble.
come mid 2009 and i've got a new GF who moves in and i get the help i need to sort money out. i move my wage into a different account. all of a sudden my access to A&L web banking stops working.
SAR shows me to have paid 4400 in charges over a 2.5 year period. a sizeable chunk of my salary. not only that, but A&L seem to have developed the ability to debit charges the day before I get paid, which has caused me lots of issues.
The test case ends dismally and before you know it i've got a letter from A&L telling me the test case has closed and they now want 650 quids worth of overdraft back. an overdraft which they haven't told me about, no statements, I've no access to web banking to prove it. just a letter.
I believe that i owe them the money, but i think its a bit of a disgrace. so i intend to write to them. my point is going to be this.
1. you blocked my access to my account.
2. you debited charges at a time of month that pushed me over my overdraft limit.
3. im quoting from their letter. "the outcome of these legal proceedings means that the bank charges you have complained about do not amount to penalties at common law." I think that this point was never challenged and that the outcome of the case was that the OFT were not the organisation to be proving the charges to be penalties.
4. you have conducted yourselves in a wholly inappropriate matter .
basically I'm saying that their charges caused me additional charges and that this is an Unfair practice on their part.
think i'll get anywhere? should i add the letter in once i've written it?
If the charges are prior to 2009, this is unlawful as 14 days notice is legally required.
Test case was on a narrow point of law. I believe that the letters they sent out after this may be unlawful in that they are bound by BCOBS to not mislead customers in communictations and the letter they sent me contained such factual inaccuracies that this letter is an example of unlawful trading under the protection from unlawful trading act 2008, whereby any bank bound by a code of conduct that conducts a material breach of that conduct may be breaking the law.
Put the account in dispute NOW by email, letter and fax if you like.
The arrogance of the bank has left them open to unique paths of reclaiming not open to others.
Don't let this get you both down. They are acting illegally and you CAN win.
ilq vs A&L
shows me to have paid 4400 in charges over a 2.5 year period. a sizeable chunk of my salary. not only that, but A&L seem to have developed the ability to debit charges the day before I get paid, which has caused me lots of issues.
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