Lil v A&L **WON**

[Lil]

Very true Caro! I'm just hopping we get paid out before that happens. Would be quite exciting though.! Are the 14 days up from the date on my letter or from when they receive the letter? I know they have received it as i have had the reply.

[caroltomo]

Hi All

I'VE ONLY BEEN WITH A&L FOR 2YRS AND I THINK THERE ARE ONLY 3MTHS DURING THIS TIME THAT THEY HAVE NOT HIT ME WITH UNBELEIVABLE CHARGES. i AM JUST ABOUT TO START THE 1ST LETTER PROCESS. iTS BEEN VERY INTERESTING READING ALL YOUR COMMENTS. wILL BE IN TOUCH SOON.

[MARTIN3030]

Hi All

I'VE ONLY BEEN WITH A&L FOR 2YRS AND I THINK THERE ARE ONLY 3MTHS DURING THIS TIME THAT THEY HAVE NOT HIT ME WITH UNBELEIVABLE CHARGES. i AM JUST ABOUT TO START THE 1ST LETTER PROCESS. iTS BEEN VERY INTERESTING READING ALL YOUR COMMENTS. wILL BE IN TOUCH SOON.

 

Good on ya

 

Welcome to the site.Its good that you now know enough to start the ball rolling.

My advice.......keep lookin and keep learnin it will make a difference.

 

best of luck and help is at hand for those little things you can never find !

 

[robbiedonkey]

hi bradbeetle,i two have sent my first letter asking for my money back this week.i have coppied it to this post so people can use it as i think its very good.i got it from the forum so i cant take the credit for it but the guy who wrote it is a genius,hope this helps.robbiedonkey

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

Yours faithfully,

 

 

[name]

[MARTIN3030]

Very nice letter.........make sure you send it recorded delivery

 

[caro]

Hey people can you stop hijacking Lil's thread please. It makes it very confusing for simple people like me to follow how Lil is doing.

 

For the newbies among you, it is fine to answer peoples threads and compare and share experiences, but keep your own questions in your own thread so that everything you do is in one place which makes it easier when offering advice.

[jasonlewis]

Lil,

 

Following your posted messgae on 11th July (you were at the just received A & L letter reply stage). Where did you go from there?

 

Did you send them the 2nd letter after 15 days had elapsed from your 1st letter & charges summary?

 

Where are you with your claim? and have you set a parachute account up yet?

 

Good luck !

 

Thanks

 

jason

[nikkirose1]

Hi Lil,

I know you were following my thread to see what happens:

I have received notice from the court that my claim has been served, and something will happen within the next two weeks, depending on their reply. Will update further on my thread when/if I hear back from them. Moneyclaim website is easy and quick to use, so go for it as soon as your 14 days are up.

Good Luck!

 

Nikkirose

[caro]

Lil,

 

Following your posted messgae on 11th July (you were at the just received A & L letter reply stage). Where did you go from there?

 

Did you send them the 2nd letter after 15 days had elapsed from your 1st letter & charges summary?

 

Where are you with your claim? and have you set a parachute account up yet?

 

Good luck !

 

Thanks

 

jason

 

Hi Jason and welcome. I see you have just started posting recently. Can I suggest that you start your own thread in the A&L forum, then everyone can see what you are doing and how you are getting on, and hopefully advise you. The answer to most of yur questions are in the FAQ's and step by step instructions.

[Lil]

Lil,

 

Following your posted messgae on 11th July (you were at the just received A & L letter reply stage). Where did you go from there?

 

Did you send them the 2nd letter after 15 days had elapsed from your 1st letter & charges summary?

 

Where are you with your claim? and have you set a parachute account up yet?

 

Good luck !

 

Thanks

 

jason

 

Hi Jason,

I sent the 1st letter with charges summery and had a reply to say they are sorry i am dissapointed with their decision blah blah blah! So I then sent the LBA letter (letter before action) giving them 14 days to pay. They replied to say the same as before. I am just waiting for the 14 days to be up and then i will file a claim. I have been really looking all over this site while waiting for these 14 days so i get to understand the claims bit a bit more!!

Good luck. I will keep this updated each time i do something different. I will be doing the money claim on monday and i will put the deatils in here when i get the reply.

Hope this helps

[craigamc]

Hi There

 

My wife has been with A&L since September 05

 

Until May, here account ran smoothly, until a CHQ was returned unpaid and was represented. This happened again with another cheq and in addition to the unauthorised overdraft fees, the account is now £238.xx overdrawn.

 

We have written our LBA letter to A&L to ask them to refund the fees which will return the balance to £0.00 and then we will close the account. We already have another account with Natwest now.

 

Regards

Craig

[Bill Bryce]

I've just gone ahead with the whole process to issuing the court proceedings. A & L have settled £507.00 so you go ahead with the entire thing and ignore the letters they send. Once they get the court summons, the legal people will say they are defending the claim. They won't and will then send you settlement without admitting liability.

Good Luck. Bill Bryce

[Lil]

Thanks for that Bill, it does help knowing they have settled with most people!

[Lil]

Does anyone know what needs to be put in particulars of claim on the money claim site? I have done most of it but have saved this bit as i was not sure if i had to put the schedule of claim for charges on this bit or not. Will call the helpdesk in the morning but wondered if anyone could help on here!!

[Michael Browne]

Example POC may need tweaking to fit. You can't include schedule on moneyclaim. When you know your claim no. send 2 copies clearly marked with your claim no.

 

 

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

[Lil]

Thanks Micheal, thats a great help. When i send 2 copies is that of my schedule of charges?

[Michael Browne]

Yes

[Lil]

Thanks so much. I can file my claim now!!

[Lil]

Ok, have finally done it!!!

Claim number

6QZ52444

I'll keep this thread updated!

[Lil]

Recived the 'intend to defend' letter from the courts today so they now have 28 days.........

[MARTIN3030]

You can only sit back and wait.

May be a good idea to have a look at recent settled cases to see how they are doing things from here.

[Lil]

You can only sit back and wait.

May be a good idea to have a look at recent settled cases to see how they are doing things from here.

 

Yes i will do! Thanks

[nikkirose1]

Lil, I got my money yesterday!! Settled in full, so yours should be on its way.

[Lil]

Lil, I got my money yesterday!! Settled in full, so yours should be on its way.

 

I hope so!!! I'll keep u informed. Well done :-D

[Lil]

Well got the post this morning and there it was!!!!!!

 

Same letter as everyone where they do not admit liability and they will be in contact to discuss the future operation of the bank as we do not accept the terms and conditions.

 

A REALLY BIG THANKS TO EVERYONE ON HERE.,...... without this help i would have given up at the first letter (the one i started my thread about!!) Just shows what can happen when we start sticking up for ourselves!!! GOOD LUCK to everyone, keep going its sooooooooo worth it!!

 

I'm off to make my donation now, a VERY worthy cause....

 

PAID IN FULL £938.31 (interest & court costs included)