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Rynik

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  1. I will complain 'IF' they close my account just needed to open a new one 'just incase'. How long have you been waiting? its about 14 days before my court date?
  2. Give that person a cookie Spoken with Natwest and account 'opened'. Just await details in post to sign and send back.
  3. Good news and bad news. I got a cheque today for £1592.71 However they say on the letter "as it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation." Not too bad right? However the account i thought and was told was all setup with Halfax turned out to not be when i get a letter also today stating "Unfortunatly we are unable to offer you an account at this time". Time to look for another account and cross my fingers!!!
  4. Bank has filed a agreement of service so now have around another 24 days to present a defense. Just sit and wait some more.......
  5. Ok, money gathered and claim has been submitted on MCOL. I will keep you informed when I hear anything.
  6. Ok we are going ahead with this as of today total to reclaim stands at £1463.34. Will be pressing that submit bottom monday i pressume (waiting to gather money for initial court costs) Lets see what the big mean A&L do now!!
  7. Completed forms for MCOL. Just waiting to submit. Have to pay £120 for court fees, i know i get this back but at the moment its a fair amount of money....
  8. I sent them a letter stating that I still believed the charges were unfair and if they were not repayed I would consider taking them to court. See below - Sorry its a bit long Re: Your refusal to refund bank charges I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account. Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect. The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract? As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion. When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said: "[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50). Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges. If I do not hear from you within the next 7 days, I will consider raising an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions. I look forward to your response. Yours faithfully
  9. Hey guys, Im thinking of just taking this to the small claims court now can someone please give me some idea of how long this could take? [Edit - Found Guide for what to enter at MCOL] Im waiting to fill this in tomorrow due to some paperwork not being here what costs are people incurring on MCOL?? Cheers again.
  10. Thank you for looking for me however.
  11. Who and where was this said? I dont completely understand the court procedure so atleast this gives me time to proberbly read up on it. Who knows maybe I wont have to go to court........
  12. I have taken this now up with the Financial Services Ombudsman prior to logging it at the small claims court. I was told that after it has gone to court I couldnt log it with these and they may be able to assist without going to court. They are currently writing to A&L on my behalf. Will wait and see what happens, has anybody else tried contacting these?
  13. Hi Guys, Great site has helped much already. Ok my story so far.... I wrote to A&L requesting my statements I was supplied with these. I calculated fee's and interest with totaled around £1300. I wrote to A&L stating I felt these were unlawful and got the "OFT have stated that 'credit card charges' are unlawful and not debit account charges" What rubbish i thought so i sent them a letter stating that unless this was resolved i would considering taking them to court. Yesterday I recieved a letter back from them stating that they still believe the charges are lawful and advised me how to not go overdrawn! So now it looks like I give up or take them to the small claims court, this is where im looking for a little advice as how to proceed. I am speaking later with a relation who is a solicitor which should help but I was looking for advice from people who had taken on A&L this way and won. Cheers in advance.
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