nackers v A&L

[nackers]

I posted my data protection letter (recorded) 39 days ago... is it normal to still be waiting? do you think it's worth phining them and nagging?

[joandsteve]

Hi There

Just to let you know that mine took 39 days to come back and that was working days!!!

[gargoil]

Its worth phoning but don't nag, be nice and polite and you are more likely to get someone help you. I had my statements within a week of phoning!!

[nackers]

How confusing.

 

Firstly, while I was on the phone I found out that I am now £55 in the red due to a further 2 x £25 charges, with another £50 to go out on 29th because I didn't notice in time to pay the money back in, so I have to find £105 from somewhere.

 

The A&L man I spoke to said that he could see no record of the request at all but he could email it on to the appropriate section to be dealt with today, I had just assumed it had arrived because the cheque had been presented. When I asked how that would impact upon the 40 days time period he said that would mean it would start again as of today (adding £10 onto my already 'over the limit and charging' overdraft....). I did (politely!) explain that I sent the letter recorded and would be checking on when the delivery was recorded and if necessary I would involve the data commissioner and left it at that for now.

 

So has someone else tried to cash a meagre £10 cheque made out to A&L fraudulently? Royal Mail track and trace had no record of my letter and asked me to provide a lot of details so they can investigate. They did mention however that the a&l service centre address as somewhere that recieves a lot of recorded mail and that will have the odd few items that whilst delivered, are not signed for or recorded so that may be what has happened.

 

One thing that occurs to me is that the man at A&L didn't ask for any details of what my request was so surely they must have recieved it or he would have no request to forward on to the afore-mentioned 'appropriate section'?

 

OK, next steps are obviously to phone A&L again and clarify all this but I'd be grateful for any views and advice on this odd situation before I do so.

 

*rips hair out*

[gargoil]

What number did you phone? Try 01244 672628. Its the right dept for Data Protection Act requests, its on a few of my letters. Its the customer advocate office. Go the more direct route saying you posted the letter on xx date, you posted recorded, cheque has been cashed etc. Try and sound complaining but polite, IE You paid £10 for a service and they haven't provided it.

 

If you get no joy send them the 7 day LBA for Data Protection Act non compliance letter in the templates library!

 

PS A&L returned my £10 DPA S.A.R - (Subject Access Request) fee and have done the same with others on here!

[nackers]

Thanks Gargoil, particularly for the number. It is a slightly odd situation and I do rather suspect obstruction on A&L's side as the most likely cause but as you say, I know the best way to handle it is to remain polite and logical.

 

Did they returnthe data protection fee as part of the settlement or earlier?

[gargoil]

As they are swamped with SARs they hav estaretd sending out just a list of charges and dates they were applied rather than the full printout of statements so as they are not fully complying with the S.A.R - (Subject Access Request) they are sending the £10 back. Butr you get th einfo you need. I also, however got a cheque through for £370 with my Data Protection Act SAR info without even having mentioned charges yet but I haven't heard this happening to anyone else!

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/18178-gargoil-alliance-leicester.html

[bsia666]

Hello nackers , I write down thename ,centre location,exact time and date of every phone call to customer services or any person at A&L. This will help you to quote this info when you eventually get the right person to help you - there are some !!!!!!. I phoned every week after I sent my SAR and after 30 days they arrived. I also was told by a line manager (day 23)called John in Liverpool that he would E mail mail on my behalf the person dealing with the SARs. Ask for a line manager to call you back It worked for me.

[caro]

Send an LBA for non-compliance with the Data Protection Act threatening court action within 7 days if you don't get the info. You can find the letter in the bank templates library. I wouldn't bother with phone calls, but keep everything in writing in case you need to produce it at a later stage. You probably won't but you never know. By the way it is just 40 days not 40 working days, just for clarification.

[nackers]

Well, I phoned because there was a small chance that my cheque had been stolen and I brought it up with them in those terms. I was told that there was a note on the account that should have actioned my request for all my statements be sent out on the 4th October, so they should be with me, well, by now. So who knows what they were talking about yesterday? perhaps they are just told to say that on the phone?Very confusing and slightly suspicious but I'll see! If there is no sign of them when I get in this evening then I will send the letter (and call in again to keep the pressure on a bit) tomorrow, I have the template saved already.

[nackers]

well, I have phoned twice more and am getting conflicting information as to whether the letter arrived (and by extension whether the cheque was stolen) and whether the statements have been sent out, so I have faxed them the second data protection letter today. boooo. I think I will chase them again tomorrow though, it can't hurt.

[Guest Battleaxe]

Nackers,

I wouldn't give them the benefit of the doubt any more.

 

Pull the plug on being nice, get the rubber hose out and hit them around the head (metophorically speaking). Do it politely. They are in breach, if you have proof of posting.

 

Don't get mad, get even.

[nackers]

thanks, I do feel like I'm getting the run around!

 

they have 7 days to comply now, I should have really sent the second letter on friday but stupidly thought I would give them a chance!

[nackers]

hooray, they turned up today.

nagging works! although I suppose threat of court action might too.

[nackers]

Well, I've been going through my statements and I have another little problem, after about May 2004 I was paying £5 a month legitimate overdraft charge and I can clearly see the charges itemised separately. Prior to this however, there is just one "Monthly OD Charge" which is either £5, not there or £25. Did the charges go up from £20 to £25 about this time and they have just rolled the legitimate charge into it - ie should I be adding £20 or £25 on for these charges?

 

Oh, and a mod might want to rename my thread as I'm up to over £400 now and will definitely be pursuing this!

[Beserker]

They have to justify the charges and on that basis I claimed everything apart from the £5 arrangement fees. Although at times it is difficult to seperate out the various charges, especially as they are/were inconsistantly applied!

[nackers]

So where there's £25 just marked as "Monthly OD Charge" you went for the whole £25? This is what I'm kind of inclined to do and ignore all the "monthly OD charge" of £5.

 

edit: also - did you mark these ones down on the spreadsheet as unauthorised overdraft fee?

[Beserker]

Yup for whole 25 and I called them what they called them. I think Unauthorised Overdraft charge is what they charged you when the item (cheque, direct debit etc) is paid from your account, the monthly OD charge is a penalty charge for being overdrawn that month, but they will also charge it on a daily basis e.g. £25 for the period dd/mm to dd/mm subject to a maximum of £nn, why?, I think a lot of their charges varied according to the weather in Liverpool!

The £5 charge was levied monthly after I had come to an arrangement to reduce my OD and I did not claim this

[caro]

Why are you ignoring the £5 OD charge? What did they do for this money? Was it a genuine service? If not then claim it.

[nackers]

that's the trouble - the £5 was a legitimate charge for use of £100 overdraft, but pre 2004 all the charges for going overdrawn seem to be lumped together and called monthly OD charge legitimate or not.

[Beserker]

Correct nackers; Caro, they were charging me £5 per month for the pleasure of having an overdraft.

[caro]

Was that whether you used it or not? If only when you used it I would call that a penalty.

[nackers]

Thanks for your thoughts both, I'll be back to the spreadsheets tonight!

 

A new development: Alliance and Leicester have written to me threatening further action on the account because of an unauthorised overdraft. The unauthorised overdraft is comprised solely of bank charges. This is rather a vicious circle as I want to pay it (and the £100 authorised amount) back, but if I pay the £84, I'll still end up £50 overdrawn because they will take another £50 in charges at the end of this month, then they will charge me for going over the overdraft limit again the following month. Any advice on how to tackle this without complicating the claim for the charges issued so far?

[caro]

Write and remind them that the account is in dispute and they should not take any further action until the dispute is resolved. If you get more charges just stick them on your spreadsheet for the next stage.

[nackers]

Blimey, just did the last of my totting up and it's £1033.50 before interest. I thought it would be about £400!

 

edit: just realised I nearly missed a step! preliminary approach rather than LBA to go tomorrow!