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.

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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.

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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)


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  1. #1
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    Default Account closing and credit rating

    Aside from the fact that you will not have had a bank account with the same bank for as long, how do we think alliance and leicester closing accounts down will impact on credit ratings?

    I want to chase them for I would estimate £400 or so and I don't mind opening a new account (I was considering it anyway), however, I don't want a black mark added on there by alliance and leicester that could potentially be there for 6 yearsicon, what do we think?

    Out of interesticon, how do we think people with mortgages etc are being affected by this?

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  2. #2
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    Default Re: Account closing and credit rating

    I see there is a very short side article in todays Metro about A&L closing accounts on anyone who takes them to the small claims court.

    I wonder though, wouldnt this be viewed as coersion...ie. the bank trying to force people NOT to go to the small claims court otherwise they will be dropped?

    Mailman


  3. #3
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    Default Re: Account closing and credit rating

    Hi-
    After reading your post, I thought that I had better reply with my thoughts regarding the mortgageicon issue.

    however, I don't want a black mark added on there by alliance and leicester that could potentially be there for 6 yearsicon, what do we think?

    Out of interesticon, how do we think people with mortgages etc are being affected by this?[/QUOTE]

    I have an A&L mortgageicon and I sent A&L the preliminary letter requested a refund of charges levied on my mortgage account and then the lbaicon. I then received the A&L received the 'Bog Off' letter back.

    I know that I might sound a Wimp, but I decided to wait a while before I issue a county courticon claim against A&L, basically because I am fearful about what they might do in respect of my mortgage!!! However, I am going to sell my property at the end of the year and then I will send a revised request for the repayment of charges and then issue my claim.
    Re the CRA agency file, if that is messed up, then it would be difficult to obtain another mortgage.

    I think that this issue of closing peoples accounts etc., is blackmail really and not fair or reasonable to consumers who are simply exercising their Right in requested the refund of Unlawful Penalties.
    Hopefully the OFT will step in and 'Do something about it' !?

    Thanks
    Angry cat


  4. #4
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    Default Re: Account closing and credit rating

    The fact that they close the account doesn't really trouble me, I will be setting up an alternative before I do anything. I would however, consider a mark on your credit rating that would stay and be damaging for 6 yearsicon saying something like 'breach of contract' to be unfair, but I suspect it wouldn't be possible for them to do that as it's in a slightly grey legal area?
    That this is more complicated and potentially damaging for people with mortgages with A&L, I don't know the ins and outs of transferring them to other providers (I just got to thinking about unsecured loans as well - would they ask for settlement?). But to me, I reckon it would be pretty bad business sense to close mortgages and loans, as they are much more profitable than current accounts.
    Overall, I'm inclined to think that you can't have you cake and eat it, banks are not obliged to provide accounts to anyone and you can't reject the terms and conditionsicon and expect to maintain the status quo. Unfairly high, petty and punitive as these charges were, a large proportion of them (mine included) have come about initally from our own initial mismanagement of our finances.


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    Default Re: Account closing and credit rating

    From what I have learnt I do not believe any of this can have anything other than a good effect on your credit rating. If you claim charges on your current account they cannot take your mortgageicon away. Also, if you look at the letters in the bank templates libraryicon, they ask for removal of defaults from credit records. The charges are unlawful. Defaults caused due to unlawful charges are also unlawful. If they defaulted you for claiming what is rightfully yours, you go through the process to get the default removed. It is a win win situation. You need to get your head around the fact that you have right and the law on your side. Don't be intimidated by the banks. Have you seen the bad press A&L are getting? They don't want to make it any worse.

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    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

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    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  6. #6
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    Default Re: Account closing and credit rating

    yeah, that sounds sensible, thanks for that.
    my personal gripe with A&L stems from one bounced cheque which cost me £30 or something which they took out a few weeks later the day before I got paid when I never have any money left in the bank, therefore making me overdrawn again. so they took another charge for going overdrawn the day before I got paid the next month, and this went on for ages without me noticing and cost something like £400 for this one cheque. the way they handled my complaint at the time and refused to answer my questions about how they handled these charges is what has made me fairly determined to wreak some revenge!
    I have to say on I think all the other ocassions apart from one when I felt the A&L charges were unjustified, they have refunded them in full, but they were one offs - now to get the big one!


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    Default Re: Account closing and credit rating

    A closed account will have no effect on your credit rating at all. It's simply an indicator logged against it stating it's closed. Companies will have no idea whatsoever why it was closed and they don't care. I worked in credit scoring for years and it's never taken any part in the scoring system.

    Pam.

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    Default Re: Account closing and credit rating

    Quote Originally Posted by caro
    From what I have learnt I do not believe any of this can have anything other than a good effect on your credit rating. If you claim charges on your current account they cannot take your mortgageicon away. Also, if you look at the letters in the bank templates libraryicon, they ask for removal of defaults from credit records. The charges are unlawful. Defaults caused due to unlawful charges are also unlawful. If they defaulted you for claiming what is rightfully yours, you go through the process to get the default removed. It is a win win situation. You need to get your head around the fact that you have right and the law on your side. Don't be intimidated by the banks. Have you seen the bad press A&L are getting? They don't want to make it any worse.

    Well said!

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  9. #9
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    Default Re: Account closing and credit rating

    Quote Originally Posted by LondonPam
    A closed account will have no effect on your credit rating at all. It's simply an indicator logged against it stating it's closed. Companies will have no idea whatsoever why it was closed and they don't care. I worked in credit scoring for years and it's never taken any part in the scoring system.
    But is there not some sort of code the bank can use to state that THEY closed it rather than you? I know banks use secret code in bank references which, to the customer looks like a good reference but between banks and lending institutions has a different meaning.

    With regards to mortgages and loans, these are on separate agreements and they could not just withsraw your mortgageicon without reason. If you've kept up payments on it and aren't claiming charges back in respect of your mortgageicon account then they have no reason to close it.

    Besides, as this whole thing snowballs, if banks continue to close accounts, they will eventually end up with a much smaller client base.

    OC


  10. #10
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    Default Re: Account closing and credit rating

    [QUOTE

    With regards to mortgages and loans, these are on separate agreements and they could not just withsraw your mortgageicon without reason. If you've kept up payments on it and aren't claiming charges back in respect of your mortgageicon account then they have no reason to close it.


    Hi there,
    I was very interested in overcharged consumers statement re mortgages and loans.

    I have a A&L mortgage and the charges that I wish to claim back are in relation to the mortgage. I have been charged for arrears at £25 per time. Factually the arrears are not my fault, but the fault of A&L because they changed my payment method to direct debiticon but when I sent in the direct debit mandate A&L entered my account number incorrectly and then of course the computer started to show arrears. I wrote to them requesting a refund of the charges but they wouldn't refund them. So I then went through the BAG procedure, prliminary letter etc but A&L still wouldn't refund the charges stating that they were not Unfair nor Unlawful and in accordence with their T&C.

    Of course, I want my charges back and I am hopping mad at the bully boy blackmail tactics that A&L are using against their customers - closing accounts!
    That surely cannot be lawful?

    Anyhow I am sitting on the fence at the moment, but rest assured that I am not going to let A&L get away with taking my money. However, I do have to be cautious as I do not want to be in the situation of losing my mortgage!!!

    I do believe that the moderators are looking into the legalities of Banks closing consumers accounts, just because they are exercising their Rights in asking for refunds on Punitive Charges.

    Thanks
    angry cat


  11. #11
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    Default Re: Account closing and credit rating

    How long are you tied in for? If it's only got a year or two left you could always hold out and then claim when you've changed providers.

    By the sounds of it you may have an entirely different case against them anyway. Rather than the unlawful and unenforcible tack you could go for the fact that the arrears and subsequent charges were the fault of A&L and therefore not your responsibility. However, in order to prove this I guess you would have to demonstrate that you paid the arrears in reasonable time.

    I'm not convinced that a mortgageicon provider would close the mortgageicon account because someone sued for charges but anything is possible and as it's a whole lot more difficult to open a parachuteicon mortgage (in fact it's impossible given that would involve you closing your existing mortgage and transferring to a new provider whch would inevitably incur fees if within the tie in period) it may very well be advisable to wait until you've transferred mortgages in a few years.

    Good luck

    OC


  12. #12
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    Default Re: Account closing and credit rating

    Hi overcharged consumer and Nackers - I thank you for your view-

    I decided to respond to Nackers thread-

    "Account Closure & Credit Rating" plus
    'How do we think people with mortgages are being affected?

    I have decided to move later this year and then I will change the mortgagee!
    and of course, I will then be able to issue a county courticon claim against A&L, without any fear or worries - I will get my money back!!!

    My situation re my mortgageicon account fines, is not really much different to charges that have been unlawfully applied to a credit card or bank account, because it does not cost £25.00 to send an automated letter, with no manual intervention. Therefore the fines are punitive and I notice from the OFT re 'Penalty Charged' that there is a read over, which is includes mortgages.

    However, bearing in mind that A&L are using 'Bully Boy' tactics, I think that caution is the word for me and yes, I agree that I cannot open a parachuteicon mortgageicon account but my mortgage account provider will change when I move. As previously stated, I will then make my claim against A&L when I am out of their 'Clutches'. I will not tolerate harassment & blackmail from Alliance & Leicester

    Good Luck to all claiming against A&L

    Thanks
    angry cat



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