Hiyas,

Just a big thx to you all for the information on this site. I visited the Govan Law Centre site before I registered here here and have sent off the Data Protection Act letter. I have had financial problems in the past and have paid large sums of money to A&L with regard to these, as a consequence I do not have the best credit rating, however, there are no ccj's only a couple of default notices from 5 years ago.

Now I am concerned that A&L are going to close my current account at some point. I am not (lol) very attached to A&L and am quite prepared to open a parachute account (wish I had read about this before sending the DPA letter). Will having the adverse credit rating affect my getting a new bank account? I would also like to have a go at A&L through the courts if they try and close my current account as this is hardly equitable , which I understood was a principle of English law.

I will keep you posted of events.

Full list of alternative bank a/c's here:

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

NatWest and Co-op, among others can be applied for online, even with a poor credit rating.

Thx have just applied to Co-Op (it's the old hippy in me) online.

I will continue reading and learning.

Just a thought should I start to add the "Alliance and Leicester Data Protection Act letter sent DD/MM/YYYY" signature to the bottom of any posts? Can anyone tell me how to do it?

Top of the page - User CP - Edit signature

Cheers Michael, checking

What a parcel!! Wish I could charge 'em an hourly rate for going through this lot! OK guys, guess I have to do the spreadsheet stuff, some questions :-

a) oldest charges first or t'other way round?

b) Interest after lba i.e. when you do moneyclaim?

c) If the total charges are greater than £5k break them into two claims?

They also seem quite keen on me as they have actually sent me my statements going back to 6 March 2000, can I claim the penalty charges back beyond 6 years? or is it 6 years from date of SAR?

Thanks

Oh I have just read the last para. of the covering letter...

"If you want to query any aspect of the details provided, please write to me at the address given above"

Oh I will, I will....

What a parcel!! Wish I could charge 'em an hourly rate for going through this lot! OK guys, guess I have to do the spreadsheet stuff, some questions :-

 

a) oldest charges first or t'other way round?

b) Interest after lba i.e. when you do moneyclaim?

c) If the total charges are greater than £5k break them into two claims?

 

Thanks

a) Not sure, maybe it makes no difference.

b) Yes.

c) Yes.

Luck, dude.

Just worked out the charges + interest on their penalties = £4989.93. Handy, just under the £5k . Prelim letter sent today.

Just worked out the charges + interest on their penalties = £4989.93. Handy, just under the £5k . Prelim letter sent today.

good luck

Threads merged.

Quick response to LBA!! Fob off letter "Our reference aaannnn/UNFAIR4" .At least they did'nt charge me £25 for the pleasure. Arrogance comes before a fall though:).

MCOL or visit to Reading CC?

Can someone give me a link to the words to use?

Its in the bank templates library.

Doh, thanks Caro

I feel young and unsure again .

Advice on the words for MCOL please :-

"Claimant has account XXXXXXXXX with Defendant conducted on their standard terms and conditions. Claimant is claiming the return of £4926.01 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 9 November 2000 to 28 September 2006 of £34.48 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £1.09 (Amount claimed x 0.00022)."

Interest taken from the most excellent Spreadsheet:)

Interest doesn't look right, but the wording is from the template isn't it?

The interest is £4926.01 x 0.00022 = 1.0837 = 1.09? or can I not do that...

Yup the words are from the template, although as I can't remember when we opened the account (long, long time ago) I simplified that sentence by removing the "opened on".

The interest on the total owed is directly from the complex spread sheet...

I agree with Caro. Between 2000 and 2006 on charges of £4926, the 8% interest is only £34.48? That doesn't sound right at all.

You should be charging interest on each charge from the day it left your account. At the rate of £1.07 a day that is only about a months interest. Check your spreadsheet.

I will check the figures however, but surely are we not talking two different figures here:- 8 % is on the monies illegally taken by A&L from the day they were taken, I would not have been owed £4926 in 2000. The £1 odd is the daily rate of interest from the day of MCOL to the date of judgement....

If you were charged £20 on 1st September 2000 you would start charging interest from that date on that charge. To give you an idea I had charges from Yorkshire Bank between 2000 and 2003 of just under £3000, but the interest so far is over £1200. The spreadsheet should be showing the interest for each charge from the date it was imposed.

two points, I will check things obv, but:-

1) £4926 was not the penalty charges imposed at the start of the period in question. This figure is cumulative from september 2000. I wonder sometimes......

2) I thought the 1.09 odd figure is the interesrt charged on the sum claimed from date of MCOL to date of judgement (s'pose equivalent to 8%?)?

Big appologies :- just been looking at the interest on their interest!!

Am I going to get away with claiming £1291!!! interest, oh boy that would be very sweet.

MCOL revised to:-

"Claimant has account XXXXXXXXX with Defendant conducted on their standard terms and conditions. Claimant is claiming the return of £4926.01 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 9 November 2000 to 28 September 2006 of £1291.53 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £1.36 (Amount claimed x 0.00022)".

Thanks for you help guys, would have looked a bit silly. Comments, please.

That sounds much more like it! Glad you got it sorted. Just remember the donation button when you get all that lovely lolly back.