This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Yes I have acknowledged the debt in the past 6 years but I don't think an outstanding tax liability is allowed to be SB – it’s always live I thought? However it will be interesting to find out how tenacious the new HMRC outsourcing DCA’S are – how far will they push people? It’s obviously big business for them right now but I’m hoping to tire them down with a drip feed or similar before they get bored or I lock them out of a CC summons – which is mentioned above as this costs them money and is often counterproductive for bullying DCA’s.

Thanks Tony Appreciate your response - I'll string them out and wear them down in that case I'm luckily an hour ahead in France for their early morning wake up calls to hurt All best Ben

Fairfax phoned me early today (as I have a 7 year old HMRC tax debt £10k which I've stupidly ignored by moving to France). But as they had an old address on file we could not pass data protection and I gave them a safe holding address where I can collect post but am not easily traceable. I cannot afford to pay 10k upfront - anyone had dealings with them - is it possible to drip feed the debt back over a few years? What powers do they have acting for the HMRC if any and what’s the worst they can do? Thanks

Thanks Hedgey, Success, I sent A&L a statutory demand for £1k damages, the contested debit (£511) and an order to strike the default and they sent a cheque for £1511 and disappeared the default a week later. Just in time too as the default was holding up a mortgage application and the offer was released shortly after my credit score increased. I also sent a court summons at the same time and hassled them every other day for a month. It was the statuary demand that worked but it's an end to a worrying few weeks as my credit was drying up. Thanks for asking - I've been posting in defaults too - but I could not have sorted this without help and advice here.

Alliance & Leicester default Removal Successfully had a default removed, £1000 compensation and the disputed balance refunded after I sent them a statuary demand. It took a month to get it sorted after it showed up on a mortgage application. Mostly due to the knowledge gained from this website, thanks all.

Ok, off to work in amazement it'll keep this brief. After recent posts on sending defaults to banks, I sent the Alliance Leicester a statuary demand and and a threat to issue winding up proceedings for £1511.38. £1000 for default damages and £511.38 (amount I was defaulted for which has been repaid.) A few days later I followed this up with a court summons borrowing Car's argument V Barclay's. (No CCA1974 cover, data protection etc). Today I receive a cheque for £1,511.38 and an offer to discharge the demand without liability. Hopefully that mean lift the default. In their initial response to have the default lifted the bank wrote to me saying it was not covered by the CCA1974 as "no credit agreement has been entered into". The Financial Ombudsman had asked A and L to look into my complaint that the bank had closed my account after reclaiming charges - as the disputed £511.38 was issued as a cheque still in the system 6 weeks after my account was closed,hence the default and all this nonsense. So a three pronged attack all in the space of four weeks after finding the default after a mortgage application. The FOS were quick to respond.Hopefully I can go back to my mortgage application with the default lifted. Thanks for all the amazing help and encouragement here.

Due you think it's a bluff? Looking forward to their defence. Thanks for all your hard work on default removal. Have just used your Barclays argument against A and L. They even wrote telling me my £1000 overdraft offer wasn't a credit agreement. They'll be telling me they're not a bank next. No lending going on here. The court was helpful too.

What a great idea, I got a letter from my bank saying no credit agreement was entered into yet they chased me for £500 overdraft and defaulted me.You could do it for fun. Noticed in other threads: defaukpohraror v woolwich building society [1996] C.L.C. 510 a default compensation was set by the judge at £1000

Trying to get a default moved from an account closed after reclaiming bank charges. I disputed a cheque being honoured by A and L 6 weeks after they closed my account. Debt now paid in full. Financial Ombudsman have just asked bank to reply to complaint. OFT acknowledged complaint. Had a great letter from bank saying "no credit agreement has been entered into" after CCA agreement and default letter request, (will try to figure how to post it up) so will follow this up with a court summons. Using same argument as other great threads here - bank account and overdraft is a credit agreement and is covered by CCA, Data Protection and no default notice no default. I am am amazed the bank can say there is no credit agreement. How can I take credit or owe credit or default if there is none? A and L are hard nuts to crack and will hopefully not try to defend their argument which is nonsensical to me. Will keep posted.

Thanks, thanks, yes I have a fantastic letter from the A and L saying they issued the default also saying the account was not covered by the CCA and no credit agreement was entered into and that there was no requirement to issue a default notice as there was no authorised overdraft facility in place. They just sent me back my t and c's. You couldn't make it up. They defaulted me on an authorised overdraft after closing my account. How can I possibly have owed them money and default if there was no credit? Trading standards and Financial ombudsman have acknowledged my complaint. I'd like to go straight for the jugular and issue a summons and let them explain it in front of a judge. but it's my hunch they would lift the default before a hearing as they know they can't or won't want to defend it. Been looking at Chris' case with the RBS. I want to take the fight to them, what do you reckon?

Forgot to mention I've paid this debt in full. Robinson Way were calling me twice a day in France and it got too much. Should have read the forums before I did though.

Hello, haven't been here for a while as I've been working away in France. I've come back to re mortgage and had a nasty shock. My account was closed in June 06 after I reclaimed charges. Six weeks after the account was closed a cheque was unexpectedly honoured and I contested this payment as I was unable to reclaim it from the payee for quite a while. I couldn't sort this with A and L, it was passed to a DCA and a default was issued on my account. I've just found this out in the mortgage application. I've written to the FOA - awaiting response. A and L have said no default notice was issued and the account is not covered by the Consumer credit act but by their terms and conditions! I think they've behaved badly. I'm trying to get the default lifted urgently as it's effecting my mortgage application. I'd be grateful for any advice on this.

Work is taking me away so I can't do much but the Daily Mail came round this morning to do a feature on Alliance and Leicester sacking charge claimants - so that might do more for the cause than litigation at this stage – I had to look forlorn and indignant with a fist full of statements, so see what happens.

The court are sending me a claim form but stress this is a complicated process and I will need legal advice to get the right formula, i'm hoping it is not as difficult as all that but will have a go anyhow

Many of us have had the standard account closure letter from the A&L - saying as we could not accept their t&C's the account will be withdrawn - Having looked into the link here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8541 I am considering an injunction against the account closure as it might create a legal precedence or force the OFT’s hand. I have written to the OFT about the A&L’s reasons for closing the account. I am also concerned about my credit ratings. I am looking into the court forms needed to start it rolling. Any help along the way would be great.

I know - organised crime - bless this website though - still worth writing to the OFT, National newspapers and shame them, it makes me cross though

Write to the OFT (suggested content on this site), national newspapers and consumer organisations etc and get another account quick, I’ll be looking at moneysavers later as well!

Yes, it was a surprise - I will have a look about at other accounts - I have a good credit rating - do you think it will suffer?

A fortnight after a small claim AL have written to me today giving a months notice before they withdraw my account. I will write to the OFT and see what happens.

Thanks for both replies - I do not think shadow overdrafts are mentioned in terms and conditions somehow and yes how can we accept unlawful charges when the banks themselves cannot trust them to be tested in a court. It's a racket!

I received my charges (£164) refund 3 days after the summons was issued and one of the charges was three weeks old so very quick turn around. Usual letter this "should not be regarded as an admission of liability.. or weakness on our part as we consider charges fair and reasonable". However the letter ends ominously "As it is clear that you do not accept terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation." So I’m going to post a pre-emptive letter thanking them for payment blah blah and stating that any threats of the suspension of my account will be reported to the OFT and the banking ombudsman. My view is that there is a thin line between organised crime and the way banks operate, if they can get away with it, they will. If anyone else has been threatened with suspension I’d love to hear their story. MODERATED post moved to original thread

26 April Acknowledgement of service 28 April £164 cheque Thanks bank action group

I know what you are saying - it is scary to take a bank to task - and you've cracked it, you’ve been brave, especially as they’ve have been treated with deference in the past. Pour a big glass of wine for yourself!