I got the same reply not too long ago, so i wrote a letter accepting it as part payment and that i would still require the full amount to avoid court action. I also gave him and extra 7 days "good grace" ( tbh, i couldnt afford the court fees at that time!LOL). got a reply back soon after, offering me the same amount, but not as part payment, it also stated that this was his final offer and it was not goin to increase. sent the court forms shortly after that! sod 'em!

Hey there, I sent my Data Protection Act request to the halifax, after about a week i recieved a letter saying it would cost me £5. fair enough i thought. So i telephoned the number given on the letter to make payment, however, they had no record or idea what i was on about and told me somebody would phone me back within 2 days. 3 emails and 4 weeks later i was still waiting, so i phoned the complaints line, the moment i mentioned that the 40 day deadline was up they were quick to comply! LOL ( it was free too!) But!?!? I recieved a sheet of "94d" charges ( the correct ones to sue for). it lists all the charges and the date on which they were applied. My concern is that it does not list what the charges were for. I know from this forum that 94d is the right charge to claim for, but can i claim without having the details? Thanks in advance

Indeed, I live north of the border and used Leicester county court for my claim. As far as i am aware it depends on your accounts terms and conditions, In Anl current account T&C it states that English law applies. Although, some other banks state that english law applies unless you live in scotland. worth checking before filling any action. Also, If sueing in england, be sure to use the N1 form and "particulars of claim" Its different templates for scottish courts.

Dont be mistaken Rosemary, The charges are not illegal they are Unlawful! The letter of account closure i recieved stated:- "If you have an overdraft facility or if your account is overdrawn we will contact you seperately regarding removal of this facility and for your repayment proposals" so i assume that you can "pay it up"

After AnL paid out i revieved 2 letters, No 1: Told me that my debit card had been deactivated due to the "poor" conduct of my account. No2. "AS it is clear that you do not accept cerain aspects of the terms and conditions for the operation of your account we are unable to continue to offer you banking facilities". ( giving me 30 days notice). Not letting them get the last word, so with help from Mcuth's threads. I Sent them this:- Current Account Number xxxxxxxxx Thank you for your letter of 20th July 2006. As you are no doubt aware, I consider that your penalty charges for returned standing orders, direct debits, cheques, etc. are unlawful and unenforceable. Thus, I do not accept the clauses of your terms & conditions that allows you to levy such disproportionate, unfair & unlawful penalties. I consider the proposed enforced closing of the above account to be a punitive retaliatory measure in respect of my recent County Court action against yourselves with regards to recovering your unlawfully applied penalty charges. In fact, your public announcements completely support this conclusion: during an interview on the Radio 4 MoneyBox program. The A&L spokesperson said; (paraphrasing) "we will continue to pay claims because it's not worth our while defending the claims because we can't get our legal costs back. But we will close accounts if someone claims". She also said, in relation to the overdraft charges; "the £50 is not what it costs, but it is fair". As the penalty charges are unfair under the Unfair Terms in Consumer Contracts Regulations, it follows that an account closure made in response to a challenge to unfair charges must itself be unfair under the Regulations. In the Unfair Terms In Consumer Contracts Regulations 1999, it states: Effect of unfair term 8. (1)An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer. (2)The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term. Whilst I will not be challenging the closure at this time, I will be taking further advice on the situation and reserve the right to challenge it in the future. Yours sincerely LOL, see what the response is, if any!

hey there. I have satrted court proceedings with AnL, after having read these forums over and over. The general consensus seems to be 1. Send a DPA letter (if required) 2. Send a prelim letter( ask for it back) 3. Send an LBA ( letter before action) 4. After the above, file a claim form! To be honest im crapping myself at the thought of going to court, but if we all follow the same steps i reckon it should be ok.

Got the exact same letter from AnL. Funny thing is though, Ive already filed court proceedings and they have acknowledged them?!?!? Letter was about 6 days after acknowledgement! Seems one hand doesnt know what the other hand is doing! LOL Muppets

Ahhh, sorry! My bad

thanks again!! When you say pick a court nearest to me, will that work? I live north of the border but want to use english law. Will a scottish court action that?

ok, thanks for the tip! Just had a look at the terms for AnL. quick info for anybody else thats looking. in the T&C's booklet page 8. para 34.5: "These Terms and Conditions will be governed by, and will be construed in accordance with, the laws of England and the courts of England will have excusive jurisdiction." Hope this helps. Any advice on my further questions? PS. If anybody else can save the hassle of finding TnC booklets from 5/6 years ago, Please post your banks small print here. Would be handy for all, me thinks

hi there, k, need some help here, I want to use the english legal system but i live in scotland?! I know some of you guys have already done this succesfully, Could anybody please advise on what to do exactly? eg, 1. which courts to use?( does it have to be one nearest the banks registered office?) 2. Is the n1 form and spreadsheet of charges all i need to send? 3. how do i send payment for court fees and who do i send them to? 4. Do i need to name a specific person at the bank or just the banks name? I think thats it!?:? Been reading the forum for days now and cant seem to find the answers im looking for.(sorry if i missed them) Thanks in advance AnL - LBA sent - refused - court time £742 Halifax - DPA sent - waiting - £1500 est Capital One - DPA sent - waiting - £unknown

Hi all! Ive been looking around the forum and havent been able to find an answer.(sorry if i missed it) I live in scotland and i am wanting to use the english legal system, correct me if i am wrong here, i have sourced courts nearest to my banks( not just AnL) registered offices,(ok so far?) I know i cannot use the moneyclaim site as i do not reside in england, however my question is this, When sending the documents ( N1 etc) to the court house, how do i pay the fees and how will i know how much they are? Any help appreciated. ps sorry if this is the wrong forum. AnL - LBA sent 01/06/06 - no response - £742 Halifax - DPA Sent 25/05/06 - waiting!?!? - £1500 est. capital one - DPA sent 29/05/06 - Waiting!?!? - £unknown