Thread: Ack rcvd 6 year rule claimed by A&L Help pls

Hi

I have just received Ack form from Court MCOL. Good ole Jackie McGuirk (must be coining it in!)

I have also received a letter from Alliance & Leicester

" blah blah....We note however that you are seeking to recover charges added to your account since 1st February 2001. Under the Limitation Act 1980 the maximum period for which you can make a claim of this nature is 6 years. Can you therefore please provide us with a detailed Breakdown of the charges you have incurred since 15th February 2001 so that we can consider the matter further. Can you please provide us with this breakdown within 7 days from this letter - Signed Jackie McGuirk

CHEEKY MONKEY - THEIR PREVARICATION IS WHY THAT ONE CHARGE OF £7.00 IS NOTED.

One charge of £7.00. Am I right in the thinking that the 6 years has nothing to do with time line of charges moreover it is 6 years from when you were made aware of the infringement?

Does anyone have a letter template - I really don't want to give in I know it's only £7.00 + £3 odd interest. But I have been given the run around by A&L and had they responded sooner they could not even have brought that up.

Furthermore I would love to argue this on a point of law, that they had wrong

Please could someone get back as I would like to write a letter today.

Thanks

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Ok I have read through a few posts and it seems that I can quote Section 32

I will now look a little further - Anyone want to chuck in their 2p worth

I have written the following

A & L
address

Re : XXXX claim XXX your ref XXXX

I have received your letter dated 26.02.07

I have as requested, enclosed full details of charges incurred since 01st February 2001. As under the limitation act 1980 Section 32 (1) the period of limitation shall not begin until the plantiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence discovered it....

Therefore my claim stands as per the attached list of charges, interest, however, is accruing at a daily rate of 0.021% and will continue to do so until judgment or earlier payment.

The amount claimed is £3256.86, Interest (of todays's date) £902.66 Cort Costs £120.00, Total payable £4279.52.

I hope that this clarifies my position

yours ...........


So what do you reckon ???? Any comments welcomed .......

Cheers Glenn

I have faxed the letter and sent a hard copy - signed for.

I thought I was right, but it's nice to have someone agree (I clicked your scales & said well done)

I too had a few charges just past the 6 year cut off point. I quoted section 32 and A&L tquickly responded with saying: section 32 does not apply in 'these cases' as the charges were laid out in the terms & consitions of my account.

I pointed out that although I was aware of the charges, I could not have known that they were unlawful until recent media attention and the OFT report last year, therefore making the 6 years commence from the date I found out.

I have not had a response yet! Hang in there. Am sure they won't actually appear in court for a tenner

Originally Posted by warrih

I too had a few charges just past the 6 year cut off point. I quoted section 32 and A&L tquickly responded with saying: section 32 does not apply in 'these cases' as the charges were laid out in the terms & consitions of my account.

I pointed out that although I was aware of the charges, I could not have known that they were unlawful until recent media attention and the OFT report last year, therefore making the 6 years commence from the date I found out.

I have not had a response yet! Hang in there. Am sure they won't actually appear in court for a tenner

Oh I like your style !!! I stuck to my guns, even though it is only £10.00 coz they have given me the ump, so now they pays the price!! When they have paid up, I am going to hit them for all the charges from before 6 years (hence why I haven't backed down on the tenner) I had the account for over 15 years. I have seen some changes in their stationary, I can tell you.

chain chick and warrih have you had any sort of response to your section 32 letter?

Today I also faxed such a letter and its going into the post as well.

I cant get over the different ways that A&L deal with all these requests for money to be returned - I can image a row of trays and they all go in at random and different trays get dealt with differently - or maybe they have a more scientific way of dealing with them! who knows!

Same here, not heard anything. They have until next week to defend or pay up mine.

Will keep you updated!

I have just had the same letter, it does not apply in this case, so I wrote back (faxed it) saying yeah it does. same as Warrih

I telephoned to say that they were contesting this on £7 and in the time it had taken to write to me the interest had gone up another £5 and we know that the judge would not be impressed about them quibbling over £7. Judges take it very seriously I was told!!!

I said ok we both know you have 14 days to put up a defence so see you in court!!!!

Got a letter back from them today saying that 'they disagree' (no reasoning behind why though!).

They also reminded me that the OFT report was based on credit card charges only, not bank charges. I will leave it at that as they have until next week to defend/pay up.

Anyway, it won't be long before an OFT report will be released stating that bank account charges asre also unfair, a matter of weeks I believe.

I find it funny their response was that 'we disagree' without stating on what grounds. I think they are clutching at straws and trying to put doubt in my mind. All I'm interested in is money in my pocket.

I think they are just defering as much as they can, they need to respond to me by 20/03/07 Tuesday, what date is yours?

My date is Tuesday 13th but I received a cheque through the post today for the full amount, plus interest and court fee, even for the charge that is over 6 years old. They have also added a couple of extra quid on! The letter states that they will be contacting me to discuss the future operation of my account (meaning they want me to close it) which is funny considering the account has been closed for over 4 years!

I think I will take great pleasure in pointing this out to them when I send my letter acknowledging receipt of the cheque.

Just need to let MCOL know it's been settled, do I just write to them?

Hurrah I am really pleased for you

I hope that they get my cheque out, as I am going away next Thursday

I'm sure they will, I think most banks are paying up quicker now due to the recent media attention and expected OFT report due out soon.

Good luck!

warrih - very pleased for you - in my case they have another 14 days to put in their defence!