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.
Have just sent two letters via the secure messaging:
Request for repayment of charges Dear Sir/Madam, My request I am writing to ask you to refund to me the charges which you have levied from my account since September 2006. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities 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 am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £155.50.
Please find listed a schedule of the charges which I am claiming:
UNAUTHORISED OVERDRAFT CHARGE £25.00 08/11/2006
PAID ITEM CHARGE £25.00 16/10/2006
UNAUTHORISED OVERDRAFT CHARGE £12.50 23/09/2006
PAID ITEM CHARGE £25.00 12/07/2006
FAILED STANDING ORDER CHARGE £34.00 06/03/2006
FAILED DIRECT DEBIT CHARGE £34.00 05/01/2006
My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully Mrs VHoops
Has anyone else done it this way and what sort of response did you get?
Your letter seems the usual start to proceedings, so should start the ball rolling. If you want to know what to expect next I'd advise you read round a few threads. A&L have a set response which doesn't seem to vary.
You should be aware that they will pay up once you have instigated court proceedings and they have lodged a defence. However, they will close your account, so make sure you have a parachute account at the ready.
Just a word of warning - it is not unknown for them to close an account at the first sign of a claim, so parachute-up sooner rather than later if you need to.
Hiya, I have been with them for just over a year. I really don't like the way they update their systems as it never seems an accurate figure of what money you have etc.. online.
I have a Barclays account open already so will be ready to transfer everything there if necessary. How much notice will they give if they decide to close the account?
I have had an immediate response the SAME DAY (!!) from A&L:
Thank you for your e-mail requesting a refund of your charges.
I have noted your comments that you believe the charges that have been raised on your account to be unfair, please be assured our charges are reasonable and are competitive with the charges made by other financial organisations.
The Office of Fair Trading (OFT) has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments, which are quite distinct from a
bank's charges on current accounts.
As yet, the OFT have not entered into any discussions with the banking industry regarding current accounts. However, should that position change in the future, then Alliance & Leicester 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.
I am sorry if you are disappointed with my response, but as the charges have been raised correctly in line with the terms and conditions of your account, they must stand.
If you have any further questions or need any more help please visit our Help section online or contact us again.
Kind regards
Customer Services
Alliance & Leicester plc
I am guessing I still have to wait 2 weeks and stick to the timetable?
As yet, the OFT have not entered into any discussions with the banking industry regarding current accounts. However, should that position change in the future, then Alliance & Leicester will participate as appropriate]
Thats rubbish the oft are now investigating the Banks.
As they have replied and said they dont agree then you can now submit the lba. As you can take their response as being final.
Sorry to hijack but I'm in exactly the same boat as you Vixie. I got that letter yesterday, 2 weeks to the day after sending them the first letter. I'm wondering what to do now. Like you, my charges are pretty small compared to some. I just want to claim them back on principle and because A&L are completely rubbish (I've only been with them for 6 months).
What are you going to do next? If you start the court proceedings, will A&L repay the court fee aswell?
And - snap! I've just opened an account with Barclays too. I hope we have more luck with them.
I am guessing I still have to wait 2 weeks and stick to the timetable?
Opinion is split on this one, Vixie83.
While some believe it is OK to go ahead straightaway, others urge caution, as it would prove to the courts that you have been reasonable in giving them ample time to respond - or perhaps change their minds [even tho' it's unlikely] - should the case ever get into the courtroom, [while this is also unlikely, it shouldn't be ruled out completely].
The process set out on the site is tried and tested, and sometimes when not followed to the letter, claimants can get themselves into bother.
While some believe it is OK to go ahead straightaway, others urge caution, as it would prove to the courts that you have been reasonable in giving them ample time to respond - or perhaps change their minds [even tho' it's unlikely] - should the case ever get into the courtroom, [while this is also unlikely, it shouldn't be ruled out completely].
The process set out on the site is tried and tested, and sometimes when not followed to the letter, claimants can get themselves into bother.
But in the end the decision is yours.
I disagree if the bank has responded and stated its intentions then there is no need to wait. By giving the bank 14 day shown your desire to settle amicably, Should they choose not to settle why wait.We both know that is a teqnique of the bank to stall your claim and see who blinks first.
I wasn't disputing your advice to Vixie83, hope it didn't come across like that. If it did, I apologise.
I was merely pointing out that there are two schools of thought on this subject and leaving her to make a judgement call for herself - given the options and the reasoning behind them.
I wasn't disputing your advice to Vixie83, hope it didn't come across like that. If it did, I apologise.
I was merely pointing out that there are two schools of thought on this subject and leaving her to make a judgement call for herself - given the options and the reasoning behind them.
There is no need to aplogise you are right there are two schools of thought on this.
Hi guys,
well I sent them my lba this morning (less than an hour ago!!) and I have had this response: Thank you for your e-mail regarding charges raised on your account.
The charge applied to your account was raised due to there being insufficient funds to pay debits due on your account.
The terms and conditions of your account state that you must allow at least one clear working day from the time we receive the funds before any payment is made against it. The charge has been raised correctly and, therefore, unfortunately on this occasion we are unable to offer you a refund.
If you have any further questions or need any more help please visit our 'help' section online or contact us again.
Kind regards
Customer Services
Alliance & Leicester plc
Doesn't even look as though they have read the LBA!!
I am finally getting round to submitting my claim. I have recently had two more charges since emailing them. Should I just add them to my claim? Please help!!
VHoops V A&L
refusals, exceeding overdraft
Reply With Quote
Re: VHoops V A&L
I have had an immediate response the SAME DAY (!!) from A&L: 
Originally Posted by Vixie83
you are right there are two schools of thought on this.
