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.
I wrote to A&L requesting my statements I was supplied with these.
I calculated fee's and interest with totaled around £1300.
I wrote to A&L stating I felt these were unlawful and got the "OFT have stated that 'credit card charges' are unlawful and not debit account charges"
What rubbish i thought so i sent them a letter stating that unless this was resolved i would considering taking them to court.
Yesterday I recieved a letter back from them stating that they still believe the charges are lawful and advised me how to not go overdrawn!
So now it looks like I give up or take them to the small claims court, this is where im looking for a little advice as how to proceed. I am speaking later with a relation who is a solicitor which should help but I was looking for advice from people who had taken on A&L this way and won.
Hello, and a very warm welcome to our site.
If you wish to see a solicitor, thats your choice, but everything you need is right here in CAG.
Please read up the FAQ, it will tell you everything you need to know, and what to do at each stage.
All the best with your claim, if you get stuck, just holler!
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
I have taken this now up with the Financial Services Ombudsman prior to logging it at the small claims court. I was told that after it has gone to court I couldnt log it with these and they may be able to assist without going to court.
They are currently writing to A&L on my behalf. Will wait and see what happens, has anybody else tried contacting these?
Don't know, Rynik. This is mostly a forum for DIY claims.
We know that there is recourse to the FSO, but I get the feeling that they can't force the banks to pay up, so it's maybe just delaying things. Especially as, some time back now, A&L said they would repay all claims against them made in court.
It goes back months and months now, way back last year after I'd been watching this site for a while. Not sure if I'd be able to find the threads now but I'll give it a try.
In the meantime, however, you can take it as chapter and verse that at some point, soon after it became de-rigeur to claim back bank charges, a spokeswoman for A&L stated on a radio interview that A&L would repay the charges to any customer who made a claim via the courts but would then proceed to close their accounts.
Don't be frightened by the Court business. That is what A&L bet on and that it why they let it go to the wire.
I have claimed on MCOL (Moneyclaim on Line) They have received my claim acknowledged it and say that they are going to defend Yeah Right!!!
They telephoned me yesterday and offered me £1500 no thanks. They telephoned 10 mins later and offer £3600 and odd.
I am sticking out for £4200 odd. I will let you know how it goes.
I just wanted to say that they have paid everyone who has issued a claim and not one person has had to turn up in court (From what I have read) If perchance you were the first peron they decided to defend against (Very Very Very unlikely) You would get as much help as you need from the guys here, I am sure
Good luck - read though the FAQ's cos it will tell you everything you need to know. If you get stuck post up and someone will come to your aid
I sent them a letter stating that I still believed the charges were unfair and if they were not repayed I would consider taking them to court.
See below - Sorry its a bit long
Re: Your refusal to refund bank charges
I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account.
Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect.
The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract?
As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.
When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said:
"[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50).
Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges.
If I do not hear from you within the next 7 days, I will consider raising an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.
Ok we are going ahead with this as of today total to reclaim stands at £1463.34. Will be pressing that submit bottom monday i pressume (waiting to gather money for initial court costs) Lets see what the big mean A&L do now!!
Ok we are going ahead with this as of today total to reclaim stands at £1463.34. Will be pressing that submit bottom monday i pressume (waiting to gather money for initial court costs) Lets see what the big mean A&L do now!!
you will have to prise the money from their cold, dead fingers.
But you will get it!
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
However they say on the letter "as it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation."
Not too bad right? However the account i thought and was told was all setup with Halfax turned out to not be when i get a letter also today stating "Unfortunatly we are unable to offer you an account at this time".
Time to look for another account and cross my fingers!!!
Rynik VS Alliance & Leicester
with totaled around £1300.
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Re: Rynik VS Alliance & Leicester
Originally Posted by younganfree
Yeah Right!!!
