Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    nigel J sellick Novitiate

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    Default Can Someone Help Me

    Hi My Name is Nigel, I wonder if anyone can help me i have sent the first letter to my bank A&L as i went over mt agreed overdrafticon by £6.02p and because of DD's not being met they charged me £25.00 x 2 & £34.00 X 10 & £25.00 x 2 totalling £440.00 of charges in the month of july alone. so from being £806.02 o/d im now over £1200.00 . Now i wasnt aware i can claim charges for the past 6 yearsicon should i send letter 1 again asking for this and what about my A& L Credit card they charge me £25 For Missed payment And £25.00 for going over my limit do i send MBNAicon the same letter Greatfuill for any advice

    Nigel

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  2. #2
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    Default Re: Can Someone Help Me

    Hiya, have a read of the FAQ's and it will tell you what you need to do, which letters to send in which order to get these charges back...yes it is the same for your Credit Card. Be aware however that A&L are closing accounts for those who get their charges refunded.
    Good luck


    Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.


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  3. #3
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    nigel J sellick Novitiate

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    Smile Re: Can Someone Help Me

    they closed mine without telling me and the only way i found out was by one of my direc debits being returned saying account closed
    many thank


  4. #4
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    Default Re: Can Someone Help Me

    The best thing to do is to open a parachute accounticon and get all your money matters dealt with by that bank so if they do suddenly close it your bills will be sorted.
    Sorry Nigel, just noticed they have already closed your account. Thats not very nice of them after taking all your money is it.
    Good luck

    Lily


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  5. #5
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    Default Re: Can Someone Help Me

    Thank you
    Not the cleaverest chicken on the block im now sending letter one again with the £10.00 asking for my charges over the past 6 yearsicon im thinking by reading the others this is what takes 40 days for a reply?


  6. #6
    Lil Lil is offline
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    Default Re: Can Someone Help Me

    Thats right, they have 40 days in which to send the data, take this time to have a good read around this forum, its really helpfull.

    Lily


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  7. #7
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    Default Re: Can Someone Help Me

    thank you
    im very upset whilst typing this as i really am in the mire over this as my services are now being cut off my phones are now all on incoming calls only and im waiting for this to go now as ntl arent gonna wait for ever, can you tell me if i need to send a letter also saying i would like my charges back?
    and do i send the same letter to MBNAicon ??? so in total this letter asking for details twice and refuund letter twice?


  8. #8
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    Angry OH That Annoying Man On The Phone

    Just had argument with man of phone from MBNAicon told me i was wasting my time as i signed up for the tarrif of charges is he right? i only asked for their address and he asked why i wanted it so i told him and he was right naff! how rude!

    can someone please tell me who i make the Cheques payable to for data protection letter to A&L AND MBNA?


    many thanks


  9. #9
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    Default so am i right to think this?

    i have now sent my letter and £10.00 to the A&L & MBNAicon requesting 6 yearsicon reports on my charges. I have an agreed overdraft of £800.00 now of late im being hit by the tax man for a years back tax which has meant my wages have been halved going in to my account, to cut along story short i have had to default on some of my direct bebits infact all last month as i have got into a pickle. in jusly alone my bank charged me £25.00 unauth overdraft fee 18th may to 16th june day 2 and £25.00 unauth fee day 5 10 X £34.00 failed direct debiticon charges and then interest of 5.65 18th may 16th june then 5.58 interest for 17th june to 12 july then £25.00 unauth overdraft fee 17th june 12th july day2 and then a further £25.00 unauth overdraft day 5 totalling £451.23 in one month what is this figure likely to be in 6 years? MBNA tell me that since this oft report they have started charging 12.00 instead of 25.00 but tell me i have no right to have this refund back dated is this correct?


    any help would be helpfull


  10. #10
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    Default Re: so am i right to think this?

    OMG, I thought that my partner and me ad it bad one month, but £451.23 in just one month of charges - Its no wonder we get in strife, How do banks expect us to pay back such sums??????

    MBNAicon are stalling you, Follow the Guidelines and reclaim your money, Start a new message for MBNA in the relevent section, that way you will get replys for MBNA.

    You have EVERY Right to reclaim this money

    Allaince & Leicester, They have just paid up, It took most of the stages, just short of actual Court.

    Just hang in there, follow the stages of each action and sit back and wait

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    Sophie-Jane

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  11. #11
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    Default Re: so am i right to think this?

    ok so thanks for that answer in english cause im not the brightist person on here but im failing financially fast. all my direct debiters are no cutting me off so penalties ar being charged against me too.

    so sorry just to clarify if they say did this to me over 6 yearsicon usually 50.00 a month and one or two direct debiticon defaults of 34.00 can i claim this back for the six years????

    they closed my account and never told me one of my direct debits contacted me to say the account was closed

    because that somewhere in the region of 80.00 a month for 6 years = a fair few pounds do you think they will want me to open a new account with them to bank my money lol?


    thanks for your help i know its late

    nigel;


  12. #12
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    Default Re: so am i right to think this?

    You can claim upto 6 yrsicon, at this stage in your process, I believe that some may be claiming past the 6 yrs, but for now, until you have sorted these 2 out, just leave it for the Last 6 years.

    Once that fight is over, then you will have ammo to fight and will be in a better understanding of what processes are involved.

    Read on site, about other cases such as yours, and you will learn how and what to say, But just communicate by Letter only, that way, they cannot try and change your mind

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    Sophie-Jane

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  13. #13
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    Cool Got My First response From A&L

    I received a letter today from A & L saying I Quote

    The OFT that they consider the level of late payments charges to be unfair, however they were actually refrring to Late payments on credit cards which are quite distinct from a banks charges on a current account.

    as yet the OFT have not entered in to any discussions with the banking industry regarding current accounts however should that position change in the future then A & L will participate as appropriate.

    Given the above i cannot accept you have been unfairly charged as you suggest i regret therefore that i am unable to agree to your request for a refund of charges on this occasion.

    im sorry if you are disappointed with my response but as the charges have been raised correctly in line with the terms and conditionsicon of your account they must stand.

    yours sincerely

    p russell
    customer service centre

    is this correct, can anyone advise????


    nigel


  14. #14
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    Default Re: Got My First response From A&L

    yep that looks like the standard bog off response they send out. Ive just had exactly the same letter. Stick to your timetable, like me and send the lbaicon on the fifteenth day. Good luck.

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  15. #15
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    Default Subject access Request received 5/9/06

    I just looked through my Subject access requesticon and when im totalling up the charges from 2000 - 2006 my total of charges are £2913.75p this does not include any interesticon that they have charged me. Am i to include the interest charges from them? and if i got this right i now send second latter asking them for a full refund of this amount???

    Please someone advise

    nigel


  16. #16
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    Default News Im Confused?

    I heard last night on the news that the OFT were going to look in to bank charges they said i quote " We believe that banks are entitled to regain there losses and charge for people going overdrawn but they shouldnt profit from it" If this is the case the oft havent made ant ruling yet only to credit card companies how come they have been saying on this site that they have made this rule? and ive now been in a process for 2 months or more how can any of you have won when no such ruling has been made???????:-|


  17. #17
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    Default Re: News Im Confused?

    I have just recieved full payment from Alliance & Leicester. Basically to go to court and win they would need to prove that the money they are charging is a legal administrative charge as this is what they state in their contract. They can't prove this as it only costs them about £2.50 to 'administrate' when you go overdrawn or they fail a DD for you etc. It is therfore an illegal penalty charge and they are making a profit from it. Hope this helps...

    Sazzle v A&L!!!
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  18. #18
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    Default Re: News Im Confused?

    Yes thats what ive been thinking all along, i have a claim in now for £2931.75 hope i win too as i live hand to mouth monthly and dont see why they should have my money... did you actually get to court????


  19. #19
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    Default Re: News Im Confused?

    Quote Originally Posted by nigel J sellick
    Yes thats what ive been thinking all along, i have a claim in now for £2931.75 hope i win too as i live hand to mouth monthly and dont see why they should have my money... did you actually get to court????
    Hi, Nigel.

    If you have a good read around the forum you will see that a court appearance, (while not totally out of the question), is unlikely.

    If you are proceeding with your claim by the tried and tested route as laid down in the faqs, and as described in many of the threads here, you should be fine.

    Any problems, just post here and someone will jump in with advice or reassurance.

    Just be aware that A&L WILL close your account for having the nerve to claim back what is rightfully yours, so open your parachute accounticon if you haven't done so already.

    Luck, dude.


  20. #20
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    Default Re: News Im Confused?

    lol they closed it long time ago lol as i had not enough funds but i have now sent 1st letter as instructed in faqs thanks m8



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