Jump to content


  • Tweets

  • Posts

    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

A&L Charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5638 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 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!

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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! :)

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...