Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Craig I vs Nasty Alliance and Leicester

    Good day to everybody that reads this..


    I have applied for my Statements for the last 6 yearsicon and I got the usual response

    "You can only claim credit card charges and not current account charges"

    Blabla bla!

    Anyway from reading posts on this I know it not to be true..

    I have a quick question..

    I am £1850 in the red in my overdrafticon. If I attempt to retrieve these bank charges and alliance and leicester close my account will they attempt to retrieve the full amount straight away?

    Im a student so cannot afford all this.

    Hope everybody watches me take on these menaces through the next few months

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  2. #2
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Yes they can and sometimes they take off what you win from the overdrafticon but hey thats still you getting your money back, good luck with claim.


  3. #3
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Hi Ecossewarrior,

    Welcome to the forum.
    you can claim all of the charges on both credit card and current accounts.
    I don't know if you have read the faq's, Please do.
    http://www.consumeractiongroup.co.uk...se-read-these/
    Also use the template letters here;
    http://www.consumeractiongroup.co.uk...lates-library/
    Stick to the timescale and if the bank delays phone them and complain.
    Read others successes in your banks forum here;
    http://www.consumeractiongroup.co.uk...ter-successes/ these will give you a feel for the process of reclaim.

    I will keep an eye on your progress and offer advice when you need it.
    You know the live chat so if you get stuck for an answer go there and ask away. People are willing to offer advice. On the point of reclaiming further back than six years, you can and it has been done. I advise that you read up on the concealment law of 1980 type it in search at the top of the page or read in here
    http://www.consumeractiongroup.co.uk...ca-1974-a.html
    That is one of many.

    Good luck,
    happyolddog.

    If my advice helps please tip the scales left.


  4. #4
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    Default Re: Craig I vs Nasty Alliance and Leicester

    well, how much are you looking to recover from them ?
    in this situation, it may be a good idea to use the refund to sort out your account.
    Im claiming a bit from A & L and a large sum from another bank. The amount I get from A & L will give me more than enough to level the account with some to spare and the amount from the other bank will clear off what I owe them.
    In the short run, you don't get your winnings to spend but in the long run, you don't have to dig out the money to level your accounts as and when it is required.
    If they attempt to close your account - report it, just like the charges, its unlawful


  5. #5
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    Default Re: Craig I vs Nasty Alliance and Leicester

    to be honest I am unsure how much I am owed..

    But I am claiming contractual interesticon etc to squeeze as much out of them as I can...

    I just have to wait on getting my statements through


  6. #6
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Note to bobzac - we can't use the word 'illegal', the charges they make are 'unlawful'.


  7. #7
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Quote Originally Posted by younganfree View Post
    the charges they make are 'unlawful'.
    changed


  8. #8
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Quote Originally Posted by Ecossewarrior View Post
    to be honest I am unsure how much I am owed..

    But I am claiming contractual interesticon etc to squeeze as much out of them as I can...

    I just have to wait on getting my statements through
    The waiting is the worst part - When you know how much, then you can start. You will probably be amazed when you see how much it is. I know I was.


  9. #9
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    Default Re: Craig I vs Nasty Alliance and Leicester

    does anyone actually know what law states a bank cant profit from their charges? I have been looking but not finding


  10. #10
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    Default Re: Craig I vs Nasty Alliance and Leicester

    I think you are a wee bit confused - Under the law of penalties the charges are an unlawful 'extravagant' penalty. Refer case 1896 Wilson v Love a charge is a penalty if it does not reflect an item's true cost

    It is not that the bank are not allowed to make a profit, moreover they are not allowed to charge an unfair penalty under the unfair terms in consumer contracts regulations. it states " A term is unfair if it requires any consumer who fails his obligation to pay a disproportionatly high sum in compensation'

    Hope that this helps


  11. #11
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    Default Re: Craig I vs Nasty Alliance and Leicester


  12. #12
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    Default Re: Craig I vs Nasty Alliance and Leicester

    comfused I really am but you have helped. But I am in the process of sueing the bank and that means I have to prove my case. Im stuck as all I need is something (act) to prove my case. Any ideas?


  13. #13
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    Default Re: Craig I vs Nasty Alliance and Leicester

    When you say sueing what do you mean.

    Have you followed the steps on the forum? Have you started Court proceedings?


  14. #14
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    Default Re: Craig I vs Nasty Alliance and Leicester

    yes I have started court proceedings I only discovered your forum today. I am taking on A & L for their unfair charges but they are "defending themselves" so I guess I now need to somehow find in law where it states all this unfair comsumer contracts stuff. Sorry to be of bother to you I just find all this very comfusing


  15. #15
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    Default Re: Craig I vs Nasty Alliance and Leicester

    When you say defending themselves what do you mean

    I take it you have received the acknowledgement

    1) What date did you file
    2) What date was it deemed served?
    3) What date did they Acknowledge?

    Then I can find out where you are upto


  16. #16
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    Default Re: Craig I vs Nasty Alliance and Leicester

    comfused I really am but you have helped. But I am in the process of sueing the bank and that means I have to prove my case. Im stuck as all I need is something (act) to prove my case. Any ideas?


  17. #17
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    Default Re: Craig I vs Nasty Alliance and Leicester

    You may not need anything, did you read my post above

    To help we need to know where you are up to.

    1) When did you file your claim
    2) Has it been served
    3) Have A&L Acknowledged it

    Did you claim at the Court or through Moneyonline?


  18. #18
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    Default Re: Craig I vs Nasty Alliance and Leicester

    A and L have acknowledged the claim sent me a copy of the country court defense form saying they are going to defend the claim. If it does go to court I dont wanna go there with nothing to say


  19. #19
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    Default Re: Craig I vs Nasty Alliance and Leicester

    Hi elixier22.

    (First of all, slapped wrist - you've 'hijacked' someone elses thread, a big no-no on the site! Maybe we can find a mod to move it for you.)

    About your claim, DON'T PANIC. Now you've found the site, hopefully we can help.

    Chances are you may be OK on this. Unless you've made a total boob of things so far, (and A&L think you're a sitting duck and don't know your article from your elbow (!), and whom they think they'll get laughed out of court), you're not going to end up in the courtroom anyway!

    This is because A&L stated last year that they'd pay out to all court claimants, but would then close their accounts - so open an account somewhere else pretty sharp. the good newsicon is that they've not gone into the courtroom yet with anyone who has claimed the consumer action group way.

    Read the stuff in the FAQ, and look at the letters in the template library and you'll find all you need. So even if it does end up in court you will have the wherewithal to press your case.

    Remember, it's A&L who are 'on trial' as it were, not you. They don't want to go to court cos they'd have to prove to a judge that the charges they make are lawful, and they can't do that. This would open the flood gates for claims. So try not to worry, but do your research in the FAQ 'just in case'.


  20. #20
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    Thumbs up Re: Craig I vs Nasty Alliance and Leicester

    LOL i am so sorry for Hijacking your thread I only just realised. I have never actually used a forum before so apologies to whoever wrote A + L can go to hell. I am amazed how they can charge you £34 even for something as silly as a £5 cheque. One day alone cost £105 just in charges and they didnt seem to care when i couldnt eat or live. I dont see why I should care either. Thanks for all your help



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE