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.
Strange case here . I have had account with A & L since 1995 had overdraft of £500 since 1997 with no problem 2 months ago had letter saying I am breaking their terms and conditions by not paying in £1000 per month . I asked why i have to do that they replied in order to have £500 overdraft i need to pay in double . I asked to see signed agreement saying this . They say in letter dated 24 1 07 " I am unable to supply proof that you were sent full detail sof the terms and conditions of the overdraft arrangment and funding requitrements as we are not obliged to keep records for more than 6 years " In december they wrote and said as I hadnt replied they were cancelling my overdraft . I did reply but clearly one section didnt liase with another so now I have no overdraft facility . They are now charging unauthorised rates and have charged me £150 in charges as I am over my old limit of £500 which is not there now as they took it away even though they cant show proof I ever agreed to paying in £1000 . It seems strange that after 11 years of banking with them they start this my account isnt used very much and I keep close to £500 overdraft but these charges are daft . I have asked for them back and they say "they have been raised in accordance with terms of conditions " . Now I know I know I can claim them back through small claims etc but my questions are about legality of cancelling overdraft as I havent paid in £1000 per month whne they cant produce any evidence to support it and unauthorised charges and hassle and upset etc what can I claim for in addition to the charges they are making another £50 due later this month . Comments please
Their playing with the terms of your overdraft and account management is unfair, but other than complain there is little you can do. 8-)
You need to get the ball rolling on claiming the unlawful charges back. Read up on the process in these forums and libraries and get your SAR in to them ASAP.
Good luck :grin::grin::grin:
There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
Read through the FAQ Section.... Use these links :grin:
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Halicrap - Full settlement 12/06 £408.34
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All & Pester - Claim served £5695 4/09, Stayed
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Lloybles - No CCA, CPR disclosure notices served.
If they are referring to your original agreement send them a CCA letter (copy in library) which gives them a specific number of days within which to reply to you giving you a signed copy of your agreement. If they don't send it this is a criminal offence. If they can't find it then the debt is unenforceable.
Have a look around the various forums for more information on this. If they want to behave like children then you are going to have to fight back. I'd like to bet they can't provide the original signed agreement. I have this problem with A&L and will be sending off a letter tomorrow to them asking for a copy of the original agreement.
Help with A & L
of £500 since 1997 with no problem 2 months ago had letter saying I am breaking their terms and conditions by not paying in £1000 per month . I asked why i have to do that they replied in order to have £500 overdraft i need to pay in double . I asked to see signed agreement saying this . They say in letter dated 24 1 07 " I am unable to supply proof that you were sent full detail sof the terms and conditions
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