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 have already been chrged £25 for a paid item charge and my bank statement informs me another 2 £25 charges are to be taken from me in June for the same mistake as it ran for two days.What i actually did was draw on a cheque which showed on my online statement, but the cheque had not then cleared, my argument was why was it shown on my staement if the cheque had not cleared, why charge £75 in total for one mistake.Can you help me
If you know for certain that this was the first charge you have recieved, your best bet is to try to get them waived on this occasion. A phone call explaining both this fact (1st 'offence') and an explanation of the level of charges seeming unfair in relation to the breach.
If they won't play ball, or you think there might be other charges from the last 6 years, then follow the proceedure shown on the site.
I'm not going to make life easy and give you links - you'll need to put in some work. Have a really good read of our FAQ section and look at threads in different bank sections to see the kind of things that other users are doing.
Welcome aboard
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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.
Hi
I Sent Off The First Request To A&l For A Refund And Got The Standard Letter Back. I Then Sent Off The Letter Threatening Legal Action I Got No Reply And Have Now Sent Off The Final Letter Informoing Of Court Action If I Get No Reply In 14 Days. I Have To Thank You For Your Help So Far Without Your Help I Would Not Have Had A Clue.
Arty
Hi
I Sent Off The First Request To A&l For A Refund And Got The Standard Letter Back. I Then Sent Off The Letter Threatening Legal Action I Got No Reply And Have Now Sent Off The Final Letter Informoing Of Court Action If I Get No Reply In 14 Days. I Have To Thank You For Your Help So Far Without Your Help I Would Not Have Had A Clue.
Arty
Hey, Arty.
Just a little more background info required mate, if you don't mind sharing with us? Is your claim just for the £75 mentioned on your first post, or did you go back the full 6 years?
HI Younganfree
Yes the claim was for actually my second mistake A&L refunded an earlier £25.My problems started when i started on line banking,I looked at my account on line and drew on a cheque which i did not realise had not then cleared.My argument was why did they show the cheque in my balance when it hadnt cleared,consequently they charged me £25 paid item charge and a further 2 £25 unauthorised overdraft charges.In ten years of banking with A&L this was my second mistake and no pity from A&L.I am now at the stage of lba which I posted this morning.I hope this is of some help.
good luck
arty
It seems strange to me that they won't take into account the facts of your good running of the account over ten years man - only erring twice!
In my book, that would make you a 'valued' customer [as they keep referring to people when they send their snivelling junk mail for loans, mortgages etc!], and not someone who should be thrown away 'just like that'.
Surely it would make more sense just to give you the money back on the QT, and ask you not to broadcast the fact. If you've been that good over 10 years you probably would keep up the same standards in future.
Or maybe they prefer the poor suckers who they can continually wring extra charges from. It all adds to the profits, doesn't it?
I Agree With You Entirely I Thought They Would Have Cooperated With Me. However I Am Now A Martin Lewis Supporter And Hate Banks They Are Not Honourable.
I Have Wrote The Two Letters Before Action The Last Reply Was To Tell Me That The Bank Charges Are Fair And It Is Credit Card Charges Which They Are Reveiwing.
I Am Now Preparing My Case Through Moneyclaim I Must Admit I Am A Bit Nervous, Taking A Bank To Court (who Do I Think I Am?)
Any Way It Will Give Me Satisfaction Of Fighting Back And All I Can Lose Is The Fees.
Wish Me Luck Cheers
You'll be fine. If you want to, post your particulars of claim here for us to double check.
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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.
BELOW IS THE CLAIM I AM MAKING USING MONEY CLAIM I THINK IT COVERS EVERYTHING
You have a contract with the Alliance leicester dated 01/03/1996 and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over months April May 2006 plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
You have repeatedly asked the bank to justify their charges but they have declined to do so.
In Respect of:
Amount Date Incurred
Days since offence Interest 8% APR
PAID ITEM CHARGE
Paid item charges
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Originally Posted by artysproat
