Thread: Alliance & Leicester- Preliminary letter sent

Hi everyone, my first post! Sent preliminary approach letter yesterday having calculated from my DPA information that A&L owe me £2309.50. Will keep you all informed of my progress, encouraging to see a couple of results against A&L recently.

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Today I have received a response from A&L (Jan Smeaton, Customer Services). It is the same as what others on the forum have received, '....charges clearly shown in our literature...in line with our competitors...contained within the terms and conditions of your account.' However, as my letter included mention of the OFT statement on 5th April the following was also included in their reply, any thoughts on this?

"There has been no consultation between the banking industry and the Office of Fair Trading about current accounts. If there is any industry wide consultation on this matter, Alliance & Leicester will paticipate as appropriate."

Any replys greatly appreciated, will be sending my letter before action in the next couple of days.

Paul

letter before action sent yesterday (29/4), will keep you all informed...

Hi, with my 14 day deadline almost expired after my letter before action, I received the following letter today.

Dear Saddler10
Thank you for your further correspondence dated 28 April 2006.
I can confirm we are looking into the issue you have raised and will send a full response within the next 28 days.

Yours sincerely

C M Fordham Customer Service


Needless to say, we are working to my timetable, and moneyclaim will be done this weekend!

Hi, currently preparing my Moneyclaim. I have noticed other peoples claims starting by stating that they have had a contract/account with bank since a specified date. I have had my account since about 1986 but it was originally a Girobank account. Do I use this, should it be the date it became A&L (which I'm not sure of) or is it sufficient to start by saying 'I have a contract with the defendant...', with no date included.

Cheers, Paul

The following is my Moneyclaim that will be done tomorrow, just thought I would post here first to get some opinions on the wording?

cheers, Paul



I have had a contract with the Defendant
since 1986 which is conducted on their
terms and conditions. My claim is for the
return of £2309.50 taken by the defendant
in the way of charges over the last 6
years. The Bank's charges are a
disproportionate penalty and therefore
unenforcable as they are contrary to common
law. Further. as a disproportionate penalty
they are invalid under the Unfair
(contracts) Terms Act 1977 s.4 and under
the Unfair Terms in Consumer Contracts
Regulations 1999, para 8 and sch.2(1)(e).
In the event that the charges are not a
penalty then they are unreasonable within
the meaning of The Supply of Goods and
Services Act 1982 s.15. I have asked the
Bank to justify their charges but they have
declined to do so. The Claimant claims
interest under s.69 of the County Courts
Act 1984 at the rate of 8% a year from the
date of each charge to 13th May 2006 of
£496.80 and also interest at the same rate
up to the date of judgement or earlier
repayment at a daily rate of 0.00022%

Hi, thanks for you help Alan, much appreciated. Am I right in thinking that this figure is 8% of my original claim amount divided by 365?

Thanks again, Paul

Hi, just completed my moneyclaim online (with a little help from my partner with the court fee, she'll get it back of course!). Hoping for a quick result, will then move on to the 'others' (cap one, hfc, Egg, MBNA)

Hi paul
good luck with it. keep at them!
stuart

Thanks Stuart,
Received a letter today from the court.

Claim issued 17/5
Deemed to be served 22/5
Defendant has until 5/6 to reply


On another issue, if someone could advise me, I was planning to tackle my A&L credit card (MBNA) next. At the moment, they are threatening to default me. Should I start my claim asap, as I think I read somewhere that they can't issue a default if the amount of debt is in dispute. If this is the case, at which point of the process does it become 'in dispute' as I am yet to even make my DPA request to them yet?

Hi everyone, just been on moneyclaim and my claim is now acknowledged. I guess I will have a letter tomorrow from A&L stating their intention to defend.

Paul

Hi, acknowledgement of service arrived from court in post today, A&L to defend all of the claim. As I expected, after following other peoples claims.

cheers, Paul

Hi Paul
as we're neck and neck with A&L - just thought i'd let you know that the cheque arrived this morning for the full amount + costs! Hope your's insn't too long in arriving!
stuart

Thanks Stuart, that's great news,well done. I'll be waiting for the postman! On another note A&L have given me another 2 charges this week which I will also be chasing soon!

Paul

Hi, cheque received today for £2944.66 accompanied by the standard letter. Actually £18.36 more than what I claimed. I hope this is encouraging for any new people browsing the forums after the 'Tonight' programme. It may seem a little daunting at first, but spend some time reading the forums and the faq's. Then, when you feel confident, go for it, it's your money!!!

donation on the way when cheque clears, will complete survey later.

Paul

Hi Paul
that's really great news, and sound advice to anyone else keeping up with your thread who is still not sure about claiming.

btw - any idea what the situation is regarding the threat to close the account included in the A&L letter? I've been searching the forum but can't find the relevant posts anywhere. i was sure this was questionable behaviour on their part.

once again - congratulations
stuart