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pv1511

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Everything posted by pv1511

  1. A & L settled in full after acknowledging service of the claim with MCOL. OK, only £50 (plus fees), but still a minor victory. Now, however, they have written to say they will be closing my account next month "as it is clear that you do not accept certain aspects of the terms and conditions" and so on. As it happens, I don't really care - it's not my main account and I don't need it any more, the only advantage being the ability to pay in cheques at the Post Office. But it smacks of pettiness and is quite inexplicable given the very healthy credit with which the account has always been run. Is it worth my complaining to the Financial Ombudsman?
  2. OK, am about to submit a claim using MCOL - substance of claim to be as below. DOes that look OK? Anything missing? thanks, Andrew. "The claimant has held a current account xx xxx xxxx xx-xx-xx with the defendant, conducted on their Standard terms and conditions since 2005. The defendant from December 2006 to present day has applied charges to the claimant account, totalling not more than £50.00. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The Defendant's charges are also contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e)) The claimant has asked the bank to refund their charges. The bank has declined to do so. The claimant claims no more than £50, being the sum unlawfully debited."
  3. Have just been slapped with £25 (paid item charge) and £25 (overdraft fee) by A & L on a Premier Direct account. A/c has been maintained very healthily since Sept 2005. Timeline: Wed 20/12 Paid in cheques via PO counter. Sat 23/12 Cheques showed up in account uncleared - presumably delayed by Christmas mail. Thu 28/12 Outgoing payment made (CC bill), triggering paid item charge and unauthorized overdraft charge. Overdraft (presumably for two days, until cheques cleared) was just under £150. I complained by phone on receiving the standard computer-signed letter; I received a further computer-signed brushoff letter today denying any refund. Presumably I should now move straight to the LBA, giving them 14 days to respond? Is this likely to succeed? thanks for any advice.
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