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
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ITV showed the "Tonight with Trevor McDonald" this evening (23 Feb 07) about reclaiming bank charges. It was nice to see the faces that created this web site; thanks very much for your hard work and inspiration.
What interested me was that some chap was shown who had complained to the fos that A&L closed his account in revenge. The FOS ordered A&L to pay him £100-odd compensation.
A&L closed my account in revenge too but when I complained to the FOS they didn't care. In fact, Mr King from the FOS phoned me and spent 20 minutes telling me off. I felt he was an employee of the banks rather than A&L!
I would like to resubmit this to the FOS and it would help if I could refer to the previous case. Does anyone know more about this?
Er, yes, we have it here.... I might not be able to search tonight, as we've had to cut down on a few things to allow for the influx of new people, and I can't remember his nick... I'll see if I can find it.
Apologies to people who I was in the process of helping, I may be gone some time.
Also remember that Martin is, shall we say, a little sensationalist!
I'm afraid he doesn't spend too long looking closely at the facts and figures, so although this HAS happened, it is not common - rather then merely "doesn't happen in every case".
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I thought the programme was quite good (and not because my goodself was featured in it!) as while it may have been a little 'sensationalist', it was ITV1 after all and the audience has to be bourne in mind. The important thing is that it raised more awareness and now even more people are talking about bank charges/taking action and this can only be a positive thing. There was some good advice, i.e set up a parachute account etc.
stephen66 - I would like to know more about your case.
xfox - ITV have promised to send me a copy of the programme and so I can forward to you if you like. Make a donation to the site.
I believe that there has been a change of heart at the fos in that there have been a lot of bank closure complaints referred to them in the past which have perhaps been unsuccessful. However perhaps my case was of sufficient strength for them to finally use as a 'precedent' and to send a message to banks that we know what you are doing and we dont like it. Its against the Banking Code and the FSA's stated principle of 'treating customers fairly'.
Very keen to hear of another success from the FOS - sincerely hope mine is not the only one.
after reading a thread on here a few weeks ago about this i have complained to A & L and just got my FDL letter. would you mind giving me an view of your complaints letters to the Ombudsman so i can maximise my chances of success
cheers, PM me if necessary
Nat West, * WON *, 10/2006, £1287 A & L, * WON *, 11/2006, £188 Donation Made to Site
Cant really do this as no letter as such to fos as they have their claim form, which I completed by hand and posted off. I enclosed all the letters to and from A&L, which they request on the form, and then they make a full investigation thereafter.
In my case they called me a couple of times as well in order to get more info.
There is not much space on the FOS claim form so I would keep it to the point (as the background correspondence will tell the full story anyhow hopefully).
In terms of redress on the claim form I put I wanted:
- A full apology - the adjudicator said that this would be a long shot and I didnt get it.
- An admission that closure of account a deliberate reprisal action for pursuing my legal rights - got this, well FOS agreed with me.
- £500 compensation for costs/inconvenience etc - got £125
Just stress the fact that closure of account is a retaliatory response to bringing legitimate complaint. Also stress that you have not been a 'serial abuser' of your account and that as far as you are concerned there has been no 'irretrievable Breakdown' in relationship.
wez1211, can you throw a little light on things for me re your victory?
Someone posted a link to a 'This is Money' article, which claims you may only have won the case/received compensation because you didn't receive notice from A&L that they were closing your account.
Is this true, or have the media got hold of the wrong end of the stick as usual?
Yes that it what makes my case a little different to others and this was the principal reason stated on complaint to fos.
HOWEVER, the adjudicator took on board the wider issue of whether it was fair to close the account per se, the fact that I had not had proper notice was not relevant as such to the overall decision.
Of course when A&L were asked for comment they cited 'insufficient notice' as the sole reason why they agreed with the FOS decision and agreed to £125 compensation.
HOWEVER, during initial phase of complaint with A&L they denied they had did anything wrong and said that it was my obligation to inform them of a change of address and they were only obliged to write to 'last known address' (Despite the fact that it was an online account and that bank reclaim was done from present and correct address).
As with everything in the media both sides will spin it and the 'bankers' have played on the 'insufficient notice' thing.
Make no mistake about it, this is an important decision and the adjudication has been scrutinised by all I have spoken to - Bankfodder, Radio 4, National press and ITV.
Never believe everything you read I guess, unless its from me!
I got the 2 charges back (2x£25) plus court costs and interest. Hardly a huge amount or a bad customer....
I have written to A&L asking them why (if they are in the right) they have failed to defend themselves in court and confirming that on that bases I can not possible agree with them. Had they have made an attempt to defend them I may have been of a different oppioion.
I have also made a complaint to the FSA/FSO regading this bullying tacktick.
A&L have got to be the worst bank going, after trying to get my charges refunded with them directly and getting nowhere, 1 call to the FSA was all it took and 48 hours later i received a letter advising me that whilst they were completly justified in charging me as a guesture of goodwill they had decided to give me them all back. They also closed my account which quite frankly I was greatful of because it saved me the bother of doing it, they really are not a nice company to deal with and im glad i dont have 2 anymore, best of luck to all who are in the process!!