Threats from A&L

[helencaunt]

Hi! I have reclaimed charges from HSBC and Nationwide with no problems, but A&L seem to be playing hard ball! Any advice would be great.

 

I had a current account with A&L with a £500 overdraft. I was unaware of any problems with my account until A&L wrote to me to tell me that I was £150 over my overdraft limit, so they were removing the facility. I went online to check me statement, and noticed that the whole overdraft was taken up by returned direct debit charges.

 

They called, and said that if I did not make a payment, they would enter a default notice against me. I didn't have the whole amount so paid them £150.

 

After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home.

 

Should I pay the outstanding amount, then take the matter up with them? Should I not pay, as to pay would be to admit that I accept the charges? I'm really not sure what to do next.

 

Any advice would be great.

[zootscoot]

Hi Helen,

 

If you make a payment it will not affect the default so I wouldn't worry about paying for the moment. Write back to the DCA and tell them the amount is in dispute. Have you already submitted a claim?

[noomill060]

Just found you- welcome to CAG and dont panic.

 

 

No, paying them will not weaken your claim for a refund, but you dont have to pay them anything that you dont owe them.

 

Its entirely up to you, following the following process will pull the rug from under them.

 

First thing to do is get another bank account and transfer your salary and and direct debits to it.

 

Send them a S.A.R - (Subject Access Request) for all your missing statements going back as far as you like- (I got copy statements from 20 years ago, complete with charges!)

 

Then send them a request for a copy of your original credit agreement. This is known as a Cpnsumer Credit Act section 77/78 request, commonly known on CAG as a CCA-ing them.

 

(If they dont send it to you within 12 days they cant do anything and you dont have to pay them anything until they do.)

 

 

I'll be back in mo with the links for you. Just click them and you will have the CAG template letters.

[noomill060]

SAR template-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

(Remember to enclose the £10 fee- you would be advised to do this by means of a postal order as it is as good as cash and you will then have proof of payment in the post office reciept- which you MUST keep. Send the SAR+£10 by Special Delivery (costs a bit, but these creeps are playing hard ball, so make sure you have evidence of EVERYTHING)

 

CCA request-

 

your address

date

 

a/c no: xxxxxxxxx

 

 

Sir/Madam,

 

Under s.77 of the Consumer Credit Act you are ordered to supply me with:

 

1) a true copy of the original credit agreement relating to the above mentioned account

 

2) The current statement of account

 

 

 

 

Please find payment of the maximum fee of £1.00 ijn the form of a postal order serial number xxxxxxxxxxxx

 

This letter sent by Special Delivery, tracking number xxxxxxxxxxx

 

 

Yours

 

DO NOT SIGN THIS!!! They are known to cut and paste your sig for fake agreements.

 

 

helencaunt

[noomill060]

Dont forget- as well as all the unlawful charges, you are also entitled to a refund of all the interest levied on those charges from the date the charge was made until the date the unlawful charge is removed.

 

They owe you a lot more than you think.

[helencaunt]

Thanks for your responses.

I will follow your advice. My concern is:

1, it's rather intimidating being threatened by DCA.

2, I will need to get a mortgage in the next couple of months, and am worried they will screw up my credit.

3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?

 

I have not yet filed, as I don't have all of my statements, and they ignored my request for them. They even returned the cheque!!

[noomill060]

Who did you send your SAR to- the DCA or the A&L?

 

If its more than 40 days since they recieved it make complaint to the ICO.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/subject_access_requests_and_legal_proceedings.pdf

 

http://www.ico.gov.uk/upload/documents/library/data_protection/forms/ico-datap-how2comp-form.pdf

 

You may also start a small claim to enforce your rights under the DPA.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[noomill060]

"After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home."

 

 

You are absolutely right.

 

What you should is do a photocopy of this letter and send it together with a covering letter to your local Trading Standards.

[noomill060]

DO NOT speak to the DCA.

 

NEVER, EVER SPEAK TO THEM.

 

Refuse to confirm your identity when they ring but make a note of the times.

 

As you are aware of the SAR, send the CAG template one to A&L.

 

This puts them on notice that the "debt" is disputed, therefore legally they cannot default you until the dispute is resolved.

 

Also send A&L this (modified to suit yourself:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This puts them on notice that putting default on your credit record would be a breach of the DPA, and that they lay themselves wide open to a claim for damages suffered by you, if they do this.

[noomill060]

I agree, being hassled by a DCA can be intimidating, but the more knowlege you gain from reading this site, they more you realise they are just muppets using a lot of scary letters to try and scare you.

 

They will lie, cheat and feed you BS if they think it work in their favour.

 

What this site has taught me is, it is suprisingly easy to fight back. The law is there to protect you as well.

 

You just need to know where to get help.

 

You've found it.

 

Read and read this site.

 

You will find others just like yourself, wiping the floor with these bottom feeding parasites everyday.

[noomill060]

"3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?"

 

You will be better off because the "debt" will be legally in dispute, so they wont be able to do a damn thing until it is resolved, whenever that may be.

 

Let the DCA and A&L know you dispute it and carry on with getting the statements and file your small claim as soon as you can.