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.
I had 7 months of problems regarding charges I had with the Alliance and Leicster.
November 2005 they put forward a standing order for £50 which i had previously cancelled as my payments had finished. On the 1st november they still sent out the standing order of £50, which in turn meants there were insufficient funds in my bank account to pay the 3 direct debits which were due out the same day. So , what they did was to fund the direct debits and charge me £25 for the privilige. Then on top of that £25 for an unauthorized overdraft a few days later and then a further £25 a few days after that. For 6 months after that I have regularly phoned and written to them to resolve this and eventually had my charges reversed off the account. However because the computer "says no" each month it would reapply the charges and i would have to ring in and demand them reversed. I had to open another bank account and cancel all DD's which caused so much problems.
In march, i had a card payment of £1.89 leave my account, I was 83 pence short. They charged me £50 in overdraft, but as I had no funds going into my account, this put me in the red. After much communication and more faxed letters they reversed this off again and sent a letter to advise this had been resolved. However a week later my next statement advised £50 charges would be taken out the following month. I sent a further fax complaining that i was taking them to court and alerting the financial Ombudsman.
I then received a telephone call and was offered compensation of £25 for numerous telephone calls (dating back to november ) I had to make. I said that was totally absurd for the upset etc caused. They went on to say the most they would give me is £50. Stupidly I accepted this. A week later a further statement came out....you guessed it, charges to be taken out of my account. I didnt call in but waited. They reversed these out automatically when they applied them on the same day.
My question is, can i choose to not accept their compensation and take this further? I will happily return the £50. I felt pressured over the telephone to accept this and feel that they have got away with something which began as their mistake entirely. This is not the first time i have had a direct debtit which they have put through when it has been cancelled.
I spent 6 months ringing, faxing and writing letters at great cost to myself in terms of phone calls, recorded delivery costs and time taken in my work time.
Obviously this is a very condensed version of events, but suffice to say A &L customer service wehre very very unhelpful and i was often told someone would call me back. As it happens,n o one ever called back
most definitely, write telling them you accept the £50 as part payment for their mistakes but that you will be pursuing the rest of the charges. then write separately a SAR asking for a list of charges over the last 6 yrs.
Another question. I have just sent off my request for the last 6 years of info with my £10 fee. How do we ascertain if they have entered a default notice on our records? Do we have to request our information from Experian and Equifax or is this apparent in the information the bank themselves send?
I think it is worth getting your credit reports in case there are any surprises on there, although I believe that you are meant to be informed if a default is put on.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Handing in my £10 and request for last 6 years..HELP
Hi
Im Hi
I have my letter all ready with my £10.00 to request the last 6 years information. Can I hand this in at my local branch instead of posting special delivery? Or do you recommend its best posting?
Thank you
i have just done it. What a hoo ha. Had 3 staff members all looking at the letter conferring as no one knew what it was for and what to do. But in the end I authorised on the letter for the £10 payment to be taken direct from the account directly.
I shall keep you posted.
My 40 days are up on the 2nd of August and still they have not taken the money out of my account.
I just checked today. I pershonally handed my letter of request over to the branch manager and made him sign a receipt for this. Also with the request the money to be take direct from the account. What do you recommend? Shall I telephone or just wait for them to go over the 40 days?
wait till the 40 days are up then send the dpa non complince letter in the templates!
im in same postion with citi cards! there 40 days are up tomorrow!!
Halifax
Settled in Full Cap One
Settled in Full Citi Card
Settled in Full
Thanks. The funniest thing is , since sending in my DPA requests, I have had 4 "computer generated" letters saying apologies im having problem etc etc and will deal with my complaing shortly.
I have to date 32 of these lsame etters at home since my complaint first started in November 2005.
Hi
Today received my data access request for the past 6 years! 4 days past due of the 40 days I might add, I might also add within 24 hours of my sending fax/letter to them cc the data information commision!
Having gone through my statements, one interesting thing I have to say is in the years 2002/03 i was charged 60p every time i withdrew cash from the cash machine. Now interestingly enough i allways used the cash machine in the local post office which is a alliance & leicster machine. Is this right? Why didnt I notice this years ago? Because i foolishly trusted the banks.Anyone else have this on their statements and can I claim this back?
I have received my statements. now what....lol
I have highlighted all charges over the past 6 years. I have searched FAQ and I know it sounds silly but Im not sure what exactly my next step is.
Help!!!
Add up the charges (spreadsheet in the library). Then send the next letter asking for that amount back.
When they refuse, send the LBA (letter before action), and then finally start legal proceedings.
They WILL close your account, so get a back up as soon as possible.
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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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I opened another account in January because I was being messed around so much.
Just found the letter template and will send that off tomorrow. Thanks heaps for your help. It works out I have £384 charges to be returned.I have been going through my statements and forthe first 2 years of my account I was charged 60p every time I withdrew cash from a link machine. Now to be honest, in the old days (a few years back) I didnt bother checking my statements because i trusted the bank. Not once when i ent to the link cash machine was I advised that 60p payment would be debited from my account. Any deas on this?
I have been through the letter writing stage, requested last 6 years statements and sent letter for the monies owed. Sent further letter advising 14 days court. I received letter yesterday acknowledging receipt of threat of court action but will not comply.
So no wI believe I have to do my money claim?
Can Someone advise me how I go about doing this as Im getting so confused with all the information available.
What will I put in the money claim and how do i lay it out?
I feel very nervous with this stage of the claim so all help would be very appreciated.
Don't worry about the moneyclaim, its not as bad as it first looks. There is plenty of help on my thread. I'm pretty sure everything is covered on there.
Keep the pressure on, you'll soon have your money.
A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9 MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) Morgan Stanley Data Protection Act sent 8/8 Total of £875 charges.
Can I still chase for my rights
a few days later and then a further £25 a few days after that. For 6 months after that I have regularly phoned and written to them to resolve this and eventually had my charges reversed off the account. However because the computer "says no" each month it would reapply the charges and i would have to ring in and demand them reversed. I had to open another bank account and cancel all DD's which caused so much problems.
Reply With Quote
Re: Can I still chase for my rights
Originally Posted by liz4paris
Moneyclaim advice
Total of £875 charges.