Charges refunded. But they now want them back.

[LordLee]

LordLee

 

This seems to be taking a rather extende amount of time to sort out.

We may be bale to give you some serious assistance here - plus there are important issues but I think that you will need to get a move on and be a bit more proactive please

 

i have the letter scanned and will be posting this afternoon

[LordLee]

here is the letter as promised. sorry for the delay.

[LordLee]

i cannot seem to attach it in a decent size? anyone? image size is 992pixels high... or should be

[LordLee]

trying to PM you contact details bankfodder but your inbox is full

[PGH7447]

try photobucket or tiny pic

[LordLee]

hopefully this works from photobucket... ahhh i guess not. sigh.

[PGH7447]

just post the link to photobucket

[LordLee]

http://img.photobucket.com/albums/v638/lordlee/lettercsan.jpg

[PGH7447]

did you incur more charges after they paid out on your first claim?

[LordLee]

did you incur more charges after they paid out on your first claim?

 

i don't know. this is why i need to submit an SAR. all i know is when the account was closed i was £180 overdrawn.

 

one complication is that whilst the account was closed my place of work accidently paid my salary into the wrong account (as in the A&L suspended account). I had to fight to get it withdrawn. I had to pay a token £35 to do so.

[PGH7447]

so if you were £180 overdrawn chances are they have back dated interest and charges and that is why it has increased, it still does not answer the question of why they sent you a cheque instead of paying into your account

[LordLee]

it still does not answer the question of why they sent you a cheque instead of paying into your account

 

well the customer service rep from A&L told me by law they had to send financial hardship payouts direct to the individual.

[sohoscribbler]

I have had a similar letter from A&L stating that I have to repay an overdraft on a closed account, and that the bank had rejected my complaint about the excessive fees because of the Supreme Court ruling. I am at a loss what to do.

[sohoscribbler]

Bump.

[LordLee]

So anyone have advice on next move? Bankfodder i'm trying to PM you contact details but your inbox has been full for sometime.

[Bookworm]

Try e-mailing [email protected] (remove spaces) FAO BF. ;-)

[LordLee]

Received another letter. The usual threatening follow up. Anyone know my next move?

[sohoscribbler]

Bump.

[The Guv.]

I don't know for sure but wouldn't Estoppel be useful in these conditions?

[sohoscribbler]

Tell us more.

[The Guv.]

Estoppel applies when, for instance, a bank tells the customer that his debt has been cleared- they are estopped from being able to re-instate the debt and request payment at a later date. Or for another example, when a garage tells the customer that the repairs carried out were free of charge, they cannot later raise an invoice for these works.

 

You get the idea

[tifo]

the original poster was overdrawn by £359 and the bank ceased collection, for whatever reason.

 

he reclaimed charges and was sent a cheque for the amount under hardship rules. This means the overdraft of £359 stayed as it was.

 

now the bank has resumed collection and wants the overdraft paid. Had they refunded under a normal complaint then this would have gone towards the overdraft and the remaining amount sent to the claimant.

 

so the bank is still owed £359 because they have refunded charges to the claimant, which he should have used to pay off the overdraft, which would put him in the same position as if the charges hadn't been applied.

[tifo]

Estoppel applies when, for instance, a bank tells the customer that his debt has been cleared- they are estopped from being able to re-instate the debt and request payment at a later date. Or for another example, when a garage tells the customer that the repairs carried out were free of charge, they cannot later raise an invoice for these works.

 

You get the idea

 

i've tried estoppel but it doesn't seem to work, either with the bank or at the FOS. The bank seems to be able to change its mind whenever it wants.

 

at court it may be a different thing and i'll find out soon.

[The Guv.]

I used it with my insurance company with much success over a claim costing them well over £3500, maybe just got lucky- who knows... But considering the debt isn't too impressive it might be worth seeing what their reaction would be.

[sohoscribbler]

Bumpitty bump.