zander in Scotland v A&L *WON* they want to close account?

[bsia666]

Hi Zander ,firstly well done on your David V Goliath victory!!..........secondly you may be able to help me .I live in Scotland and I would like to use the MCOL process, I have split my claim in 2,the first amount is for under £3000 the second part (appox £2500) Iwill be pursuing in Jan or Feb. I will be filling in my MCOL in about 2 or 3 days and I need your advise on the address that you put on your MCOL (I HAVE NEVER DONE 1). Can you I use a relatives address in England or Wales?.At the moment my understanding is that you cant use a Scottish address. thanks - William.

[zander]

William, I used friends address in England for correspondence without any problems. That was the address I used on MCOL for the claim. A&L sent the cheque to my home address. It was very straightforward. Good Luck, although I don't think you'll need it!

[bsia666]

Thanks for that Zander.

[zander]

Hello All,

 

Our friends at A&L, upon closure of account facilities as a retaliatory gesture, are requesting the repayment of overdraft monies. Fair enough, however the standard letter arrived this morning threatening legal action etc, etc. I'll repay the money due, however, I want to pay it back on a monthly amount as they chose to shut the facility. Can I communicate to them that I'll repay a specified amount per month?

[dx100uk]

as a side note, you do realise they have just been fined for doing just this?

 

dx100uk

[zander]

Yeah, through the FOS? I've written to complain and mentioned the ruling though I don't know how this will help me at this time. I want to be as difficult as possible for them therefore repaying a minimum amount back each month.

[dx100uk]

well i know what my tact would be.

wipeout the overdraft amount else i'm taking you to court for retalitory action & seeking compensation which will cost them thousands more than you owe.

 

dx100uk:rolleyes:

[zander]

That sounds like a terrific idea!! Are you aware of the legalities on that or if anyone else has gone down that route? I'll test the water with a written response to their threats. Thanks for the responses.

[zander]

With everyone and their dog now fighting back against the banks and receiving notice of closure of accounts, the next logical step would be fighting against this retaliatory action. I've written to A&L and recieved a letter back from Moira Murphy, manager of customer services. In this she states: "The decision to withdraw banking facilities has been taken in line with certain aspects of the terms & conditions refer to section 10, specifically 10.2"

As my account was overdrawn at the time of closure, they require immediate clearance of the amount to finalise the closure. I've not got a problem with repaying any monies due, however as they chose to close the account, I would prefer to offer them a repayment schedule instead of a one off payment. I will take this to the FOS within six months. They do, of course, threaten adverse info on credit file etc.

As the fight was against unlawful bank charges, what about action against unlawful closure of accounts?

[Bigmac versus]

They can close your account but A&L have already been fined for this retaliation which is due to bank claimants, you could and should pursue the same route, if they get more complaints they will be dealt with more severely the next time.

 

 

http://www.consumeractiongroup.co.uk/forum/post-541492.html

[younganfree]

If you can afford to pay off the outstanding monies, zander, why not do it? It's preferable to risking damage to your credit history, which adverse comments placed on your credit files will do.

[zander]

Yeah, I'm just frustrated with the despots treating us like human garbage due to their illegal actions. Just as a matter of interest, what action can the banks take in recovering the overdraft?

[younganfree]

Yeah, I'm just frustrated with the despots treating us like human garbage due to their illegal actions. Just as a matter of interest, what action can the banks take in recovering the overdraft?

 

Can't comment on what banks do as (thankfully!) I've never been in this situation, but I have seen mention on the forum of cases being handed to debt collectors.

p.s. zander, the banks actions are not illegal, they are unlawful. This is a very important distinction.

[neathboy2]

I reclaimed £938:00 from Alliance & Leicester in December last year and received a letter recently that they intend to close my account by the 4th march 2007. If they do pursue this course of action I will be making a complaint to the FOS as the charges applied to my account were disproportionate and illegal in the first place. With the FOS making the recent ruling against A & L the precedent has now been set and I agree with Bigmac - the more customers that complain the more the banks will stop and consider their bullying and retaliatory actions agianst the little man. 8-)

[Guest ian cognito]

I have just one question:

 

Why on earth would you want to keep banking with A&L???

[neathboy2]

I'm not i've left the account open. I transferred everything to a parachute account when I was going through the claim just haven't got around to closing it down totally yet however if they do close it down it becomes a matter of principle then.

[dx100uk]

came out yesterday

 

Banks forced to pay up | This is Money

 

dx100uk;-)

[zander]

Thanks. I think this will be the next big battle. I'm certainly reporting them to the FOS and look forward to taking another £200 off them.

[zander]

I received repayment of charges and the inevitable closure of account followed. I've been in constant contact with them as an outstanding overdraft amount is to be repaid. As they chose to close the account as a retaliatory gesture, I was loathe to pay it back in full and have offered to pay back an amount each month until cleared. I've also informed them that my complaint will be registered with the FOS due to the closure.

Since then, the notice of intention to proceed with debt recovery action letter has arrived. They are threatening a default unless payment is made in full. The letter was received today (10th) dated 2nd April and they have stated in the standard letter that proceedings will begin within 7 days of their letter. I'm about to respond again but wondered if anyone has advice to add on this topic of closures and defaults? Thanks.

[exhale]

This is absolutely sickening. I thought no default could be registered if you had made a reasonable repayment offer (i.e. one justifiably within your means)?

 

to help you get the attention of the all-knowing bods on here (of which I am most definitely not one!!).

 

Best of luck chap

 

/al

[thesergeant]

Zander,

 

Re the account closure you need to complain to All&Pester first and follow that through until you get a letter from them stating "final decision" you then take the complaint to FOS.

 

You should also send a complaint to the OFT stating that you believe that All&Pester and not fit to hold a consumer credit licence.

 

This is a letter I have used, amend it to include your difficulties (account closure, unreasonable demand for repayment etc) and copy All&Pester in on it with your reply to their demand. In your letter I would include your repayment plan for the overdraft. Of course send all of this recorded etc.

 

COPY all of this to your MP .................

 

Good Luck :D

 

>>>>>>>>>>

Failure to comply with direction 5 April 2006

 

 

 

Dear Sir/Madam,

 

I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.

I would contend that the actions of Halifax plc are not honest.

I ask that you investigate this matter and consider revoking the consumer credit licence of this questionable organisation.

[zander]

Many Thanks. I've replied to A & L advising them that my complaint will be lodged with the FOS as a final decision letter was received from them. I'll also adapt the letter and get cracking with the OFT.

[zander]

Just received a letter from A&L today saying as I'm unable to pay the overdraft my account has been closed. This is contrary to their previous assertions that the account was closed on 12th February!

Maybe this is because the FOS are on their case or just an example of their administrative shortfalls??

[zander]

Could this be further evidence to use against them??

[zander]

Quick question: is an overdraft regulated under the CCA?