Above post copied and pasted from : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html Bankfodders post on the consumer action group forum. Hope it helps - but in my opinion A&L know they are in the wrong - as do any other bank which has already made a refund of charges. They cannot treat any one customer differently to another can they??? However, there is still a chance that any one of us going through the process at the moment may be that first "victim" they chose to see in court. (Despite the radio 4 broadcast - how long before they tire of giving us back what is ours without a fight)? Either way - I dont care - the law is on our side!!

The last paragraph referring to the Consumer Credit Act has been added on the kind advice of the Govan Law Centre which is linked in the library Quote: When the OFT makes a ruling then creditors are expected, and indeed required, to comply. All banks and credit card companies, in general, hold licences to lend money under the Consumer Credit Act 1974 (and hold licences to collect consumer debts too). Thus if a bank or creditor fails to take on board the OFT's ruling last week, we can use the 1974 Act to the advantage of ordinary people. Most banks and the BBA have in light of the OFT's statement last week indicated that they think it is wrong, unfair, or only related to credit cards and so on and so forth. But the fact is the OFT has stated it is subject to all consumer contracts - including bank accounts, overdrafts and mortgages. Thus what we need to do is to say to banks and creditors is that unless they implement the OFT's ruling (which means please refund all unfair bank charges within the last 6 years for England/Wales, or 5 years for Scotland) then they will be 'an unfit person to hold a consumer credit licence'. Under the 1974 Act, customers can lodge a complaint to the OFT if they think a company is an 'unfit person'. The point is this - if UK banks want to fight the OFT, then fine (and that will take time) but meantime the OFT could revoke their licence under the 1974 Act.

Many thanks - I sure will.

Yes I know the feeling - and being chrarged twice for a failed direct debit in a few days doesnt help. A & L were unable to tell me why they allowed some through and charged £16 but others failed at a cost of £34. Those going through or not obviously being sorted so they can make the most money! There has been one month where they charged me almost £700 in charges - my entire months salary and least to say made things even worse with my creditors!! Not any more - we are going to get it back!!! Good luck

Another one settled in record time!! Cant wait to file my moneyclaim forms next week!!!

My financial mess is also due to ex leaving and refusing to acknowledge his and joint debts left behind. I managed to open Co-op cashminder account with no hassle after being refused by other banks - give them a try.

Very encouraging I am a week away from going the legal route and filing moneyclaim form - so hope I get as expeditcious response from A&L when it somes to paying up! They have dragged their heels the rest of the way! Congrats mjholroy - hope the rest of us are as succesul. Would sure come in handy now, a single parent relocating over 500 miles away could well use a few quid back!!!

Thanks Jase and Caro, I know that I should be better prepared than I am - but call it bad timing or whatever, I am in the middle of moving house - relocating over 500 miles away!!! As a single parent still working full time and arranging a house clearance, new schools, doctors, debtists etc and removals I have very little time to hand. I do check the site whenever I get 5 minutes but havent found anything that could helpo me prepare a defence. If anyone could give me an idea where to start looking it would be mych appreciated!!! Many thanks!!

Sent my LBA today (recorded delivery) - will be interesting to see how you get along/timescales etc

I too was in the process of arranging a debt management plan with Citizens Advice, and they suggested the Co-Op cashminder account to me. I opened the account just prior to advising my old bank (A & L ) that I would be claiming charges back as they had caused me to go in excess of my overdraft and I had complained many times at the unfair charges placed on the accoutn over many years. Fortunately the Co-Op Cashmider account was opened just in time for A&L to close my current account!! You shouldn't have a problem and the only drawback - if it can be called that is not having a cheque book facility. However, everyone appears to accept debit card payments these days so it is not any huge disadvantage.

Thanks Jase, good advice and I will. Best of British to you too

Letter before action being sent recorded delivery tomorrow. Game on!!!

Thank you Caro. Can't wait to be making a contribution to this site. Will keep you info'd

Totted up just over £1700. Sending schedule of charges along with preliminary request tomorrow - 1st class recorded!! Wish me luck!

Account was closed without warning. I did not discover that it was closed until I attempted to find balance via telephone banking in order that I could pay cash in to the account to bring it back within limits. I was redirected and told that the account was closed and that they had written to me with a formal demand notice the previous week. I did receive that letter - two days after the call.

Having been a customer for over 25 years I would have loved to have had the opportunity and satisfaction of closing the account myself, unfortunately they beat me to it just as soon as I requested DPA info. I was a little over £23 in excess of my overdraft at the time, and assume that if I were to imply the account closure was retatiliatory, they would use my breach of OD as defence, so I wont go there. Personal choice as to when you close the account, just be aware they may not give you the chance to.

Thank you arrandolly - I find that very useful as I had not got to that stage yet (just received 6 years statements so will be kept busy for a while)!!! Will no doubt save time and frustrations.

Just an update. Back from travels to mailand visiting family, and the wonderful sight of a huge package containing all that vital information. Looks like I have a very busy few days ahead. . but here goes:)

Friday and still no statements. Posted letter of complaint about account closure to bank, but now back to the business of claiming back charges. I have checked the forums and the step by step action plan, so if statements are not received tomorrow - last chance before 40 days are up and very doubtful given that I was told yesterday that they havent received request, I next step is to send Letter Beofre Action - advising I shall be reporting them to Information Commisioner and begin a court action obliging them to provide me with information. They have 14 days in which to respond? That deals with their failure to supply information. Am I too also send a preliminary letter requesting estimated charges be refunded in order to commence my calim? Any advice appreciated Regards all Keep up the good work!

Okay will take yoru advice Caro Many thanks

And letter ready to go to bank now: Account Number (MINE) Dear Sir/Madam, I am writing with regard to the above detailed account and to express my utter disgust at the manner in which I have been treated. When attempting to obtain an account balance by use of telephone banking today, in order that I may pay cash in to my account to bring it back within terms of my agreed overdraft, I was informed that I had failed security and was eventually connected and told that my account had been closed. I was told that my account had been closed because I am in excess of overdraft to the sum of £23.59 This was without prior warning. In addition, the advisor failed to recognise that I have been in correspondence with the bank on numerous occasions expressing my financial difficulties and advising that I was seeking assistance to rectify the matter from a Money Advisor CAB. The Money advisor wrote to you on May 5th 2006, offering a proposed repayment plan. Again all knowledge of this communication was denied. During the same conversation I advised that I had requested statements for the past 6 years and had paid the appropriate fee of £10 on 6th June 2006. Your advisor told me that you had received no such request. However, I was able to provide evidence that they had received the request having cashed the accompanying cheque! In cashing that cheque the bank made a charge of £25.00 – NOTE my overdraft facility has been closed due to an excess of £23.59!!! The bank is obliged to comply with my subject access request within 40 days. 40 days will have passed this coming Sunday 9th July and I suspect that the bank will have failed to comply with this request and will be in breach of Section 7 of the Data Protection Act 1998. To that end I shall be issuing a Letter Before Action and shall be referring the banks failure to comply to the Information Commissioner. Yours faithfully

Letter ready to post first thing Monday morning - if anyone spots anything wrong PLEASE let me know!!! LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 Dear Sir/Madam Account: *****(I have entered account number here)! You have failed to comply with my Data Protection Act Subject Access Request dated 6th June 2006 If you do not comply within the next 7 days I shall have no alternative other than to report your failure to comply within the terms of Section 7 of the Data Protection Act 1998with the Information Commissioner and shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Yours faithfully Any comments appreicated!!!

I reside on a SCOTTISH ISLAND!!!! A & L in England, but I which route I take depends on the amount I am reclaiming. If it is within the limits I shall lodge with my local Sheriff Court. I very much doubt that it will be, and there are two ways to go about this - split the claim, making two (or more) smaller claims, or alternatively lodge through a County Court in England - near to the banks HQ. I prefer the latter - I want all of my money back and all in one go! The general feel is that the bank rarely goes as far as heading to court (if ever)? and that they will settle in advance of that (fingers crossed). However, if they do intend to defend then I shall be happy to appear in a court in a England, have the nice Judge make them give me my money (plus interest) back along with expenses (travel, accomodation - three day round trip from here at least, loss of salary etc etc) - If they choose for me to be the first one they want to make an example of then I will go to England - proabably very nervously - but I am not committing an illegal offence here. Justice due wherever!!! These options are purely what I have a feel for from reading through the forum - if incorrect I am sure someone will advise. Regards

OK - just checking procedure and I appeared to be jumping the gun. Next step send letter before action advising them they have seven days to provide statements before I report them to the Inromation Commisioner and seek Court Order obliging them to do so? Feel I need my hand held here now - am off to check Lady Penelope's thread, but any advice welcomed! Thanks folks

I am not certain that the account closure was as a response to my email reminding them there was only a few days left before the time was up for the provision of statements. However during the conversation I was advised that it had been closed because my overdraft limit had been exceeded by £23.59 - which would not be the case had they not charged me £25.00 for cashing the £10 cheque submitted as fee for provision of statements!! I expressed my disappointment given that neither myself of Money Advisor CAB had been contacted by the bank. I was advised that they were not aware that I was using the services of a Money Advisor, or had indeed made a proposed repayment plan! I also reminded the customer service advisor that I had submitted a request for statements at the beginning of June and to date no statements had been received. Wait for it. . . . We have no record of your request, did you send a letter? At this point I fell of my chair laughing (you have to keep your sense of humour when you are losing everything else)! I asked how on earth they could possibly deny they had not received my subject access request when they had cashed the £10 cheque, charged me £25 for doing so, this meant I had exceeded my overdraft limit AND now account closure!!!!! The response, well the cheque went one way and the request another, there is a backlog ot the moment. LOL I WONDER WHY???? Now with great delight I am about to put pen to paper, regarding this farce (for all the good that will do except make me feel better) AND have my letter reporting them to the information commisioner ready to post first thing Monday morning when my statements have failed to turn up at the weekend!!! Will be couteous enough to let them know I am doing just that too!!!! Will keep you posted!!!!