Allied International Payments

[KM_S]

After registering for online banking I was checking my arrangements when I found out a payment to Allied International was a standing order for £30. This has been running for 5 years and not being able to remember what it was for I phoned them. What I then found out shocked me, they had no record of me on their system despite my payments. Eventually I was put through to a manager who promised to look into this for me. On the 21st June I received a phone call from the manager, they had found my details, it turns out they had been archived. I asked what the payments were for but they could not tell me. I then requested that all monies be returned to me, I was informed I would have to write for that.

I wrote to them on the 26th June (special delivery which they signed for on the 28th) requesting all monies be returned to me by the 16th July, failure to do so would result in interest being charged at 8% compounded from 1st June 2005.

As of yet I have not heard anything from them not even an acknowledgement of my letter.

My question is am I entitled to take them to court. I have also cancelled the standing order.

[Undercover-Elsa]

Hi KMS,

Is that definitely a Standing Order, as opposed to Direct Debit?

Just my view, but unfortunately you might struggle in court if it's an SO as by virtue of their nature they are set up voluntarily by you, the account holder, telling the bank to pay the money. DD's in contrast involve the bank receiving a request from the external company for the money, which they can vary in amount, upon having received your authority. However this doesn't rule out bank error or ID theft.

I would think it will be assumed that you set up the SO, unless you can prove otherwise. However if AIC cannot provide any justification for the payment they should still refund it. I expect that is the reason for their delay..they'll be frantically trying to dig something up!

If they don't roll over and pay, I would send them a Subject Access Request and one to your bank too, before deciding how to proceed.

 

Kind regards,

Elsa x

[KM_S]

It was definately a standing order but I cannot remember setting it up. I know that a Standing order is set up by the payee but since they appear unable to justify it it does make an interesting case.

[Undercover-Elsa]

After the deadline has passed you could try sending them a "letter before action" including the interest in the amount claimed. Here's a basic template you could amend to suit.

Then take it from there, you can start a small claim online.

[KM_S]

Elsa do you mean the deadline I set or the deadline following a Subject access request.

I have looked at the template for that and it will take a bit of editing as Allied International are not a bank.

Kev

[Undercover-Elsa]

Hi,

I've amended it for you

Unless you're in desperate need for the money, I'd send this first. They have 40 days from receipt to comply. I'd avoid putting your signature on anything you send them (unless you specifically alter it for the purpose eg an extra squiggle, and scan the finished letter before sending, in case of creativity) Send it recorded with a £10 PO.

 

My only proviso with this is to ONLY send it if you're 100% sure you don't owe them anything, otherwise it could dig up a can of worms!

If you're not that sure, or have secret worries that it may be genuine, I'd stick with stopping the SO and walk away. Just my opinion.

Elsa x

 

Dear Sirs,

Having had no reponse to my request for a refund of the unexplained payments made to your company, in an effort to resolve this I now formally require you to complete a Data Subject Access Request as detailed below.

Data Protection Act 1998

 

 

 

Subject Access Request

 

Please supply me with ALL data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. If the account relates to a Credit Agreement, a copy of the original signed, executed credit agreement and any terms and conditions that applied to the alleged account.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this alleged account.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you or the original creditor sent, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, and date it was added (if applicable).

 

5. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

[KM_S]

Thanks for that Elsa, I phoned them yesterday (recorded) and ended up speaking to a Mr McCloughlan. He said he remembered my letter and had asked one of his staff to establish how many payments were made and organise the refund. So it sounds like a result.

HOWEVER if I havent heard from them within a week then this letter gets sent off and intrest gets added.

 

Kev

[KM_S]

Looks like a result, I received a phone call from them yesterday, cheque on way plus all details of transferred payments.

As a warning to others if a debt is transferred to AIC they request a standing order be set up, in my case no notification of settlement was sent so the standing order continued. When the debt is satisfied the details are archived but payments continue.

Thank you Elsa and hope what happened to me warns others to check payments

Kev

[Bazooka Boo]

Good news! Well done, that was a unsuspected surprise, I would have thought they might have put up a bit of a fight..either way well done KM-S

[Undercover-Elsa]

Brilliant!

Well done you!

When you cash the cheque...mine's brandy and coke

 

 

(or a small donation to CAG, if you feel kindly inclined )