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    • the debt is statute barred no matter what they say. and NO the shortfall/sale plays no part at all. this also means it should never be showing on your credit file either.   quite honestly id be starting your complain to the ICO now. no harm in ringing them and asking for advice.   not sure what you mean by PiPs? you don't mean PPI do you?
    • The guy, I spoke to said 'he was in a new role and was case manager to a number of historical cases'. It's likely other CAG members can expect something. Here is my update:   After 2.5 years of nothing, I have this week received an email, phone call and text. My credit file, which they recorded Late Payments, was also suddenly changed to Missed Payments, yet nothing was noted for the previous five years. The issue after speaking to them, was the date I consider the loan to be statute-barred, was a start date of Nov 2008 (12 years ending in 2020) But they are saying the first date is 2013 when the house was sold by the mortgage company and the shortfall being told to them. I have had zero contact with them for a decade or more, when I contacted them in 2019 for incorrect information on my credit file, something they refused to change. They have accepted that interest payments would be statute-barred (2 years), so their record of the outstanding balance is not as high as they say it is, but up to the last call they had no idea what the outstanding balance was made up from, original loan 11k, the balance is now 25k.   The next issue is the PIPS, when I was unable to work due to ill health they refused to pay out on grounds of 'illness being present before the insurance was taken out'. I have told them I will be revisiting this at some point due to still waiting on a reply from them in 2017 saying they were still looking into it.   Today I received an email now saying that my credit file has been updated to show NO missed payments - this is some turnaround from their original 'we will remove it when you pay the full balance. I will continue to check to see when it does change. I am far from clear why they apologised and changed it. I have however stressed that when they suddenly started to report missed payments on my credit file, it gave me all sorts of issues with even simple things like a mobile phone contract.   For the moment, I am waiting for two more decisions from them. 1. How is the balance outstanding made up, interest, fees etc. and 2. What they want from me, will they write it off due to statute-barred? Or ask for a payment? As for payment, I have stated (which has been recorded) I will dispute any request for payment and move to the next stage of Ombudsman, in which they can also consider a compensation claim for the incorrect credit file recording which has sat there for 2.5 years (I have taken a screenshot of this) as well as the PIPS complaint which they accept was not 'fully dealt with', whatever that means.   The guy I spoke to was pleasant, not a glimmer of threats or abuse as before, and today they did something I didn't expect, emailed to say my credit file has had all missed payments removed.    I am far from convinced this positive step is the start of a pleasant relationship with them, I don't trust them one inch, I am certainly guarded. But for the moment I need to wait on what they want from me. I have made them aware of my circumstances, and certainly not in a position of paying anything.    I also had a chat with the National Debt Helpline, and they told me the same as CAG did.   I will keep this updated as it now looks to become an end result, whatever that result will be.      
    • my letter reads   is that ok? Should I include the invoices for both?
    • Yes you must warn Vulcan in advance about every liability you will are incurring on their behalf.   Send them a message letting them know the cost of the caliper and that you will be recovering it from them at the forthcoming county court action.  
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
  • Our picks

A&L Charges


booberela
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Hi all,

 

I am new to this site and been reading loads of posts on here. I am just about to send the first letter to the A&L to get my bank charges back. Luckily I have got all of my bank statements - didn't realise how much these £25 here and there charges each month all add up to!!!

 

I am assuming that all the dates given for the A&L to reply back have no changes to them, taking into consideration the test case etc ... Will stick to the timetable outlined.

 

Just interested to hear if many managed to get their charges back from the A&L without going to court?

 

Thanks

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Hello and Welcome, Booberela.

 

Here's the updated step-by-step.........

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Also have a look at the successes........

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/

 

Good luck with your claim, keep your thread updated ;)

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hello and Welcome, Shyck.

 

Continue with your claim, all the way to court. Don't wait for the bank telling you when you can claim, stick to your timetable, your claim will more than likely get 'stayed' but you want to be in the system ;)

 

You should start your own thread in this forum and people will help you with your claim, keep it updated with any news.

 

Have a look at the step-by-step in my post above, and stick to it.

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

I am getting my first letter all ready to go to A&L tomorrow. Meant to do this the other day but work got in the way!! Will keep you posted on what happens. Do I include interest in the money being claimed back?

 

I can't believe this ... last week I received a letter from A&L stating that I hadn't enough funds in my account to pay £42 cheque that I had written for the pleasure of this they had charged me £25, which immediately went out of my account. I immediately looked at my bank account on line and realised that I was still way within my overdraft limit, £300 within, so not even close. I phoned up A&L and got a really stroppy person on the end of the phone who said that if they were in the wrong they would look into it. "IF" ...!! there was no If about it they had charged me £25 for NO reason. In the end the person on the phone said that they would look into it and it would take about 5 working days for the money to be returned. How can they be allowed to take out my money immediately when they were in the wrong and then take 5 days to get my money re-paid back into my account??? It is so not fair!! I am beginning to really dislike the A&L and this makes me even more determined to get all of my other unfair charges back!

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Hi, you don't claim interest until you file at court.

 

 

 

Regards.

 

Scott.

  • Haha 1
 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

 

I have read some of your emails on A&L. I have already written to the A&L requesting them to pay the unfair charges. But unfortunately the bank wrote back to say the unfair charges cases are now put on hold. Since my application has been put on hold - do I wait for the banks to get in touch with me again to let me know where I stand with my case or do I have to write to them again. Please kindly advise.

 

Cheers

 

S

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Hi, Shyck.

 

Continue with your claim, stick to your timetable, not theirs ;)

 

1. Prelim letter, asking for your money back, giving them 14 days to comply.

 

2. Letter Before Action, warning them you will proceed with court action, again, giving them 14 days to comply.

 

3. File N1 at your local County Court.

 

The Bank will fob you off, hopeing you will not continue with your claim, you need to file at court, as when they have to pay out, you will already be in the

queue.

 

Here's the step-by-step, if your not sure :)

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Hi again - works been very manic so I have not yet managed to send the 1st letter but will be doing so by the end of this week as I am being charged more and more:shock: Before I do, I just need to clarify what I can claim back. Can I claim the following:

 

- Paid item charge

- Unauthorised overdraft charge

- Failed cheque charge

- Payment review fee

- Exceeding overdraft limit

- Overdraft useage fee

 

On the spreadsheet of charges that I am putting together am I right in thinking that you can put interest at 8% APR on there as well or is this what I must miss off until it gets filed at court.

 

Don't know about anyone else but the names for these charges seem to change - is this just to try and catch up out and unaware?!

 

It's such a horrible feeling when you think you are getting yourself straight and then out of the blue several £25 charges appear taking you beyond where you were in the first place - how I hate banks!!!!!!!!!!!!!!!

 

Does anyone have any idea when we might start seeing some results and when the hold is lifted?

 

Thanks

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Hi,

 

Here's a list of what you can claim.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

You'll have to work out the name changes yourself.

 

On the spread sheet, it's better to leave off the 8% until you file at court.

At least, that's what I did :)

 

Regards the Court Case, I'm sure there is to be an announcement this week.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi there

 

You will have stick with it.

 

I have done the first half and then was told by A&L that they are putting it on hold. I am now ready to sent a letter requested them to pay all the bank charges back and if they don't reply within the 14 days, I will resend the letter. After that I will have no choice but to take them to court.

 

I hope I am doing the right thing. If anyone out there feels that I have to do anymore please let me know.

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Hi Shyck,

 

Yes you are doing the right thing - I should think that we all just need to sit tight. I did successfully get charges back from the HSBC a year or so back - I know it is a scarey thing but well worth it. I just hope that not much has changed since the time I took the last back to court. The HSBC did actually settle before it went to court.

 

Let me know how you get on.

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hello booberela and all

 

i know what you mean about the part you state in message 11, i had got myself straight and then got further charges, ive now managed to clear the account in full, as i was thinking of closing the account anyway and they decieded to do that first for me, but i paid it all off within the time before a default was issued.

Can i ask if you have claimed for the 5.00 under funding fee, i got some advice since it was a penalty of sorts i should claim it too, as some months i didnt credit it fully, the other charges of 34.00 and 25.00 etc i understand, and am okay with,

 

please can you let me know as im ready to now send my initial letter - many thanks and keep at it, this forum is so helpful that it inspires and encourages us all to keep the faith.

 

Have a fun evening to all ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Maz,

 

To be honest I have had a couple of these £5.00 charges too and I have just put it in my schedule of charges - not sure whether I should have or not but hey - its still a charge!! When the bank get the schedule of charges if they dis-agree I'm sure this will be taken account of in their settlement. I wouldn't worry - just include it .... unless anyone else has any other thoughts.

 

Good luck and get that letter in the post!! registered! :)

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hiya all

 

and thanks booberela for replying back, i cant sleep only one in the house hubby at work, and daughter at my sis, so hence the time of night, lol

 

yes i think will include too, since like you say if it is disputed we can look at the legal aspect later on,

 

i will send out my letter -the ones ive done for data info ive sent signed for recorded 1st class costs about 1.08 usually and gets the job done so far for me and i can check online at royal mail for the signature.

 

This is going to be fun

 

ciao for now MAZ:)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 2 weeks later...

Hi

 

I just read on Martin Lewis email about more delays. See below:

 

Bank charges update

 

Kevin Mountford, Head of Current Accounts & Savings

There was more frustration for Britain's current account customers earlier this week as the Financial Services Authority (FSA), the City regulator, announced that it is extending the waiver allowing banks not to investigate complaints about unauthorised borrowing charges until January.

The waiver first came into place in July last year when a court case began between the Office of Fair Trading (OFT) and eight financial institutions over whether or not unauthorised borrowing charges are fair. These are the fees that are levied if you go overdrawn or exceed an agreed overdraft limit without permission, have a cheque bounced or direct debit or standing order declined. The FSA's original waiver was for 12 months, but with the court battle ongoing a second waiver has been implemented.

What is taking so long?

In April, the judge, Mr Justice Andrew Smith, ruled that the OFT can apply consumer contract regulations to decide whether or not overdraft charges are fair.

This was a green light for the OFT but the banks decided to appeal. In a report published two weeks ago, the OFT claimed high street banks make more than £8bn a year from current accounts that are too complex and that 'are not working well' for consumers. It pointed out that 1.4m people pay more than £500 a year in charges and these are often consumers who are 'vulnerable' with low incomes and low savings. The report claimed that banks are generating around £2.6bn a year from bank charges.

With such a large revenue stream at stake, the eight institutions involved in the court case - Abbey, Barclays, Bank of Scotland, Clydesdale Bank, HSBC, Lloyds TSB, Royal Bank of Scotland and Nationwide building society - have lodged an appeal against the April ruling and a resolution to the case is now not expected until early next year.

Now with no immediate end in sight to the appeal process, the waiver has been extended meaning the Financial Ombudsman Service (FOS) will not proceed with complaints and county court cases have been put on hold. For more information on what the FOS does, click here and watch our recent interview with chief ombudsman, Walter Merricks.

So what can consumers do now?

The continuing delay is frustrating for those waiting to see if the money they have paid in charges will be repaid. However, some may be entitled to have their complaint investigated before the waiver is lifted.

Under the terms of the FSA's waiver current account providers should still investigate claims from those in 'severe financial hardship'. While this exemption has been in place since the waiver was first introduced last July there has been confusion over how financial hardship is defined, so the FSA has included further clarification on this in its new waiver.

Even if you won't qualify for having your complaint investigated until after the waiver has been lifted, it may still be worth lodging your complaint now as this will leave you free to switch banks and get a better deal elsewhere. If you move current account without lodging any such claim, it may be harder to get this money back at a later date.

When I was at your stage they did the same to me and I wrote to them again but unfortunately due to the OFT investigations A&L did come back and said that they will wait for outcome.

I was going to send my letter requesting that A&L paid what's owing and if they don't then the small courts will deal with it. Any suggestions as to what I should do? Should I just go ahead anyway or hang in there?

Cheers

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Hi, Shyck.

 

Carry on with your claim, all the way to court :)

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott,

 

So I just need to get the 2nd letter on its way ... does anything need to be added in this letter or should it be fine just the way it is? The A&L have not even acknowledged my first letter!!

 

Thanks

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Hi,

 

Yes, send your LBA..........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Dont worry HBOS ignored everything I send them, including my Court Summons, still got my cash

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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