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been hanging with the Natwest doooods for a while but thought it was high time I posted my progress, or lack of it, with The Alliance & Fester.
I had an account with the Girobank until it was taken over by A&L. As it's a business account the bank is The Alliance & Leicester 'Commercial' Bank. I can't see any differences so far but I wonder if anyone else has any dealings with A&L 'Commercial' Bank and if there are any notable differences I should be aware of.
My progress so far:
Had all statements since account opened
Prelim letter sent requesting almost 4k
No reply lba sent phone call from Anna Gilmurray 10 days later asking to fax letter & charges as she only had 1 of 4 pages.
Faxed all 4 pages 10 minutes later
Letter from Anna Gilmurray saying "No chance"
Claim form completed, to be submitted to court tomorrow.
My only main query at this point is the court fee. With the 8% included it brings the total (before court costs) to just over £5k. Now, do the court take that total to base the court fee on (i.e. £250.00) or do they take the total before the interest (£120.00)? I don't mind paying the £250.00 court fee but it's only a little over £5k so I could just reduce it if it makes things simpler.
Being a business account the letters you need and the details for your particulars of claim when you get to that stage are different as it will not fall under consumer law. Check it out in the FAQ's.
The 5,000 is purely the claim before the section 69 statutory 8% interest or court fees are added. I believe the court fee will be 120.00.
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.
I had already looked in the FAQs and came to the conclusion that the claim only needs to be handled differently in the case of a Ltd company and I'm a sole trader. Or have I not understood it properly?
Bit of a contradiction on the court fee issue there...... to clarify; the court fee is applied to the claim total before stat 8% and court fees, is that correct?
It doesn't matter if you are a Ltd company or not. If it's a business account it will not be covered by consumer law, and your case could be struck out, even though you are a sole trader.
I must confess I was thinking about whether your claim would be a small claim, which at under 5k before interest it is, but I am not sure if the fee applies to the amount before or after interest so that needs checking, although younganfree appears to have the answer. Sorry for causing confusion, but I am right that this is a business claim, unless A&L are unaware that it is a business account which seems unlikely if it is A&L Commercial.
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.
The 5k limit is before interest, they only charged me £120 odd on my claim which was just under 5k before interest and over 6k after interest was applied
We haven't got the money, so we've got to think!
Ernest Rutherford
A & L
Data Protection Act Letter sent 11/08/06
Data rec'd 14/09/06, Prelim letter sent 16/09/06
LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.
We haven't got the money, so we've got to think!
Ernest Rutherford
A & L
Data Protection Act Letter sent 11/08/06
Data rec'd 14/09/06, Prelim letter sent 16/09/06
LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.
The controversy still rages on this one! [And will, no doubt, for sometime to come.....]
My source is weaver440's thread - A New Battle!!!!, (which can be found on the Natwest forum, sorry still can't do the link thing) - posts 21 & 22.
Quote Tomasz - "According to money claim ...... the fee is for the charges including interest."
Quote weaver440 - "...they [weaver is referring to the people at the court in this instance] did advise me that its the total amount including the interest and costs that we should base the fee on."
But as you say Minnie, you get the costs back anyway. 8-)
I've just phoned by local county court and was told that the amount they base the court fee on is the total includinginterest. I am not submitting my claim via MCOL but directly to the court (the limited POC on MCOL was driving me nuts). In my case the amount is just over £5k with interest therefore I'll have to pay the £250.00 court fee.
I wonder if, for some reason, it's different submitting to the Local Cort rather than MCOL?
It might have been the witty way I hit the "Enter" button:grin:
I think I might have misinterpreted a reply that Caro gave on my thread:-
"If it is only the 8% taking you over the £5k it is still in small claims........."
and MCOL accepted the ammount and came up with £120 as the fee. Just as well they did'nt file a defence and I got judgement by default (they lost the claim details!!) otherwise I might be as sick as Bankfodder.
I won't make this mistake when I have a go at IGroup, they would love that!
We haven't got the money, so we've got to think!
Ernest Rutherford
A & L
Data Protection Act Letter sent 11/08/06
Data rec'd 14/09/06, Prelim letter sent 16/09/06
LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.
Luck does'nt come into it.
If they had dismissed my claim, I would have re-issued and paid the higher charge or split it into two claims.
After all it is my money!
We haven't got the money, so we've got to think!
Ernest Rutherford
A & L
Data Protection Act Letter sent 11/08/06
Data rec'd 14/09/06, Prelim letter sent 16/09/06
LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.
Minnie V A&L Commercial Bank
doooods for a while but thought it was high time I posted my progress, or lack of it, with The Alliance & Fester.
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Originally Posted by minnie
