No agreed Overdraft £1000 in red due to their chrages!

[wilko999]

Hi,

 

Just a quick one to see if anyone else has been in this postion. I had a claim for over 3k of charges on the go until the court ruling. I was £1000 overdrawn on current account that had no overdraft. The entire £1000 is their bank charges! They've just issued a DN today to me. Just wondering if I have any course of action. My credit rating is ruined anyway so no intention to pay it back, why should I! But what can I do to resolve?

[disgruntledofcornwall]

They signed up to the banking code.

 

This stated that up until november 2009, they had to give a minimum of 14 days notice of any charges or interest.

 

Did they?

 

If not then to to the FSA and make some noise. It won't do much but they don't like it. Also then state this in writing to A&L. They cack themselves when you do this. It makes the charges unlawful. Why do you think every other bank gives notice of the charges? They were so arrogant that they thought they could do what they like. They are very very wrong.

 

Was the account in dispute?

 

If it was and you were contesting the bank charges, they can not issue a DN.

 

Is the DN valid, there is a lot of help on here to test this, knowing them, almost certainly not.

 

You are NOT lost to this. You should have a 28 day remedy period in which to settle the debt. If you can persuade that it was in dispute, there is a chance that the DN can be recinded.

 

I am no expert at all in DN's you need to ask this in another area perhaps, the A&L are so vicous that no one really seems to bother fighting them and this area of the forum is a bit dead.

 

Other issues if it WAS in dispute and you can prove it, (i.e, letters from them rejecting charges arguments etc)

 

No further interest or charges can be put on the account when in dispute. I bet they did this though. Check.

 

As I said, check the DN is valid, that it has the 28 day period etc.

 

Look into the DN first of all and put the account into dispute NOW. Fax, email, recorded delivery.

Edited March 22, 2010 by disgruntledofcornwall
added more info

[disgruntledofcornwall]

Just re read the post. The account is in dispute. This is your defense.

 

I assume you wrote to them when they rejected your claim after the test case stating you want to continue to challenge the fees?

 

Then the account is still in dispute.

 

Go for this and the 14 day notice of charges then check the statements for charges while the account was in dispute, which you can reject.

 

You have a good chance with this I think.

[crockie]

Subbing with interest as we are in a similiar situation with Natwest

[Hugh Jeffort]

Sorry to hijack but wanted to clarify a point in this thread...........

Do they have to give you notice when they are applying charges?

I went overdrawn today thanks to a direct debit (My fault entirely) and they apparently have charged me £28 already, so instead of being £20 overdrawn i'm nearly £50! Oh and it looks like they are returning the DD unpaid!

[Meggie_Moo]

Hi Everyone

 

I am in a similar situation with Alliance and Leicester. My account was overdrawn due to bank charges for payment review fees and a direct debit that was rejected. I had no means of clearing the overdraft until my wages went in. I received a letter to say that the £181 should be paid into my account within 7 days or they would have no choice but to take further action. My wages went in 5 days after the letter and cleared the overdraft and put my account back in credit.

 

Later that month when my account was at zero balance i had further charges applied which put my account back to overdrawn.

 

I then received a letter to say despite previous reminders i had not cleared the overdraft (from the original letter with figure of £181) and that they had no alternative but to close my account and that i should not attempt to use my cards etc etc and i had to pay them £46 to clear what i owed them within 28 days

 

I received a letter a few days later to say i owed £190 (so this had up from £46) and if i didnt pay it within 7 days they would contact the credit agencies and issue a default notice.

 

I now have no account with them despite the fact that i paid the orginal bank charges they applied to my aco**** of £181 when my salary went in and it wasnt till a few weeks later that my account went overdrawn again.

 

The money they want from me now is for their bank charges and my credit rating has now been badly affected.

 

Do i have any rights?