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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default alexifa v Alliance & Leicester - super quick offer

    Brief background first.
    I only opened this account in January this year to deposit a large(£25k) cheque. I was going to use this account to pay my bills from. Anyway, I decided to close the account in June because I found them to be very poor at dealing with certain requests I made. So on 8th June 2006 I went into the branch and I had the balance paid by CHAPS to another account and I asked for the account to be closed and cancelled al my direct debits. I thought nothing more of this account.

    Shortly afterwards I received a letter to say your account has been closed and all direct debits cancelled.
    The next month I received a statement showing that a direct debiticon had been returned unpaid and I was being charged £35 for this and £35 for having an unauthorised overdrafticon. I rang A & L and they said soory, nothing we can do, how do you want to pay.

    Since 8th June when I closed my account and desoite numerous telephone callsicon and a branch visit, this account is now £458 overdrawn, all purely charges.

    On 22nd October I sent a prelim letter asking for this amount back plus another £240 in other charges from earlier in the year and for all late payments on my credit file to be removed.
    On 26th October I received a very abrupt letter from A & L Debt Recovery Division as follows:

    Dear Mr xxxx
    I refer to your recent communication.
    As a gesture of goodwillicon I have made arrangements to refund £458.64 in respect of fees/charges raised on your former account. I now cosider this matter closed.
    Yours sincerely

    Anyone else had such a quick and abrupt response?
    There is no mention of the late payment entries on the credit file and ther is about £240 less then I asked for. Am about to send my lbaicon.
    Any comments/advice?

    Similar Threads:
    HSBC
    7th October 2006 - Prelim for £3078
    24th October - LBA
    7th November - Claim filed
    11th November - Acknowledged with intent to defend
    11th December - Defence filed
    16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

    Halifax
    7th October 2006 - Prelim for £3427
    24th October - LBA
    3rd November - Offered £913
    3rd November - Accepted as partial payment
    7th November - Claim issued
    21st November - Acknowledged with intent to defend
    11th December - Offered full amount but no late payment removal
    4th January - SETTLED + removed adverse credit info

    A & L
    19th October - Prelim for £540
    26th October - Offered £358
    2nd November - Accepted as partial payment and LBA
    27th November - SETTLED + removed adverse credit info

  2. #2
    ian cognito
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    Default Re: alexifa vs Alliance & Leicester - super quick offer

    I got a quick and abrupt response but from what I remember it ended with OFF!

    Good news for you at least, don't tink they could argue much with this one though!! well done!


  3. #3
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    sharmore Novitiate

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    Default Re: alexifa vs Alliance & Leicester - super quick offer

    Well done they must have new that one was their fault.

    I would just write a letter asking for the updates to be removed from your credit file if they haven't already.oiu

    What a bloomin cheek


  4. #4
    Lil Lil is offline
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    Default Re: alexifa v Alliance & Leicester - super quick offer

    They really tried it on with you didn't they!! If you want to pursue the other charges you could always write back accepting the £458.64 as an interum payment but let them know the amount they have left off will still be pursued. Why should it be down to them to decide what they will pay you and when the matter is closed??
    I recon they are getting fed up off having to go through all the court procedures and having to pay interesticon that they are trying a different approach!!
    They know we mean business!!!

    Lily


    Alliance & Leicester;
    LBA 22nd July 2006
    Reply 31st July
    MCOL 6/8/06
    PAID IN FULL 25th August 2006.....
    DONATION HAPPILY GIVEN.......

    If you are happy with my help please click on the scales at the side of this message

  5. #5
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    Default Re: alexifa v Alliance & Leicester - super quick offer

    Sent this today:

    letter before actionicon
    Dear Sir/Madam,
    Ref: Account Number: xxx
    Thank you for your letter of 26th October. I am disappointed that you have failed to mention the late payment entries on my credit file and that your offer of £358.64 is £231.36 short of what I am claiming. I will accept the £358.64 as part payment of my claim but will continue to pursue the outstanding amount and the removal of late payment entries from my credit file.
    I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debiticon refusals, exceeding overdrafticon limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I calculate that you have taken £590.00 from my current account. I am enclosing a copy of the schedule of the charges which I am claiming.
    Additionally you have entered late payment entries against my credit record. This late payment occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges that you had applied unlawfully to my account.

    In addition to full payment of the sum mentioned above I require that you remove the late payment entries from the register.

    I require repayment in full of this money and removal of the late payment entries. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

    Yours faithfully,



    HSBC
    7th October 2006 - Prelim for £3078
    24th October - LBA
    7th November - Claim filed
    11th November - Acknowledged with intent to defend
    11th December - Defence filed
    16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

    Halifax
    7th October 2006 - Prelim for £3427
    24th October - LBA
    3rd November - Offered £913
    3rd November - Accepted as partial payment
    7th November - Claim issued
    21st November - Acknowledged with intent to defend
    11th December - Offered full amount but no late payment removal
    4th January - SETTLED + removed adverse credit info

    A & L
    19th October - Prelim for £540
    26th October - Offered £358
    2nd November - Accepted as partial payment and LBA
    27th November - SETTLED + removed adverse credit info

  6. #6
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    Default Re: alexifa v Alliance & Leicester - super quick offer

    Update: Had a phone callicon from A & L Debt recovery division. The nice lady explained that this was all a mistake anyway as they wouldn't pursue a debt that was made up solely of charges as this "wouldn't be fair..." lol!
    She agreed to refund all charges and reset my credit history with the CRAs to reflect no late payments. Have checked today and experian is clear but equifax not updated yet.

    HSBC
    7th October 2006 - Prelim for £3078
    24th October - LBA
    7th November - Claim filed
    11th November - Acknowledged with intent to defend
    11th December - Defence filed
    16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

    Halifax
    7th October 2006 - Prelim for £3427
    24th October - LBA
    3rd November - Offered £913
    3rd November - Accepted as partial payment
    7th November - Claim issued
    21st November - Acknowledged with intent to defend
    11th December - Offered full amount but no late payment removal
    4th January - SETTLED + removed adverse credit info

    A & L
    19th October - Prelim for £540
    26th October - Offered £358
    2nd November - Accepted as partial payment and LBA
    27th November - SETTLED + removed adverse credit info

  7. #7
    Lil Lil is offline
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    Default Re: alexifa v Alliance & Leicester - super quick offer

    Thats great news, keep an eye on it to make sure they do what they have said they will.

    Lily


    Alliance & Leicester;
    LBA 22nd July 2006
    Reply 31st July
    MCOL 6/8/06
    PAID IN FULL 25th August 2006.....
    DONATION HAPPILY GIVEN.......

    If you are happy with my help please click on the scales at the side of this message


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE