nackers v A&L

[nackers]

Which address did people here use to send their letters to? Did anyone use fax or email instead? There's a number here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=3

 

*gets fired up*

[caro]

I would be inclined to do it all by post. Any address for A&L is fine, as they can forward it where they like internally.

[nackers]

I faxed it and posted it in the end and got the standard reply yesterday. The lba will go out on monday. Strange, but I'm getting a bit excited!

[ampersand]

Hello nackers,

(Fireworks going off outside, as well as in A&L Customer Service)

If you can, I would strongly recommend taking docs into your Branch for Faxing to HO, Ian Wade et al. Ask for annotated proof and cover sheet, plus confirmation from other end that request has been made AGAIN. You should then telephone Ian Wade on 0151-966-4306(thankyou for this, Battleaxe)and say that you are ringing as a courtesy to advise LBA is en route when you finish on 'phone, resulting from A&L non-compliance with your DAR. Although it was late on Friday afternoon, 27/10, when I did this, I had everything, including notes, by next morning's post- a Saturday.

Not so good since, though. Still no chequebook, internet banking, card, all promised for Tuesday last.

Please do phone - it will work. I referred often to 'the backing of my case by the Consumers Action Group.'

Good luck.

[ampersand]

nackers, please see my post on own thread re:clause 3.3.1. in the latest booklet.

I am so certain this is being breached left, right and centre in most people's a/c conduct.

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.[/quote]

-especially in view of your post which triggered caro's response.

[nackers]

I went to the post office to post my LBA today and ended up in a row for about 20 minutes because I put £10 to pay for it under the bandit screen, looked down to fill in the recorded delivery form and then the cashier asked for the money again and refused to accept I had given her any money. I didn't get it back, though they didn't make me pay for the letter again (essentially because her supervisor wanted rid of me). After much hassling they did give me a name and a phone number that I could call them back on so I can try and follow this up. MORE HASSLE.

Nothing's ever easy is it! This isn't a great omen for the rest of my claim!

[ampersand]

nackers-

Do NOT FEEL this is a bad omen for your claim. It is, in fact, a VIVID REMINDER of what A&L are doing to you. I don't know what sort of PO you frequent, but I would insist on seeing the Manager. If cashier pocketed your £10, it's not going to show up on her end-of-day reconciliations. Sorry nackers, but DON'T LET THIS ONE GO.

No - as somone dear to me says - Life shouldn't be so hard, but it often is, in the fight for right.

I would go straight to the top, someone here will have PO Head Honcho contact details. Is it still that Crozier chap, who was mixed in a mess with one of Sven's cast-off wimmin? If so, maybe he'll remember what his surname means in relation to your just complaint and behave accordingly.

We are all with you.

[nackers]

thank you ampersand, I was hopping mad yesterday and their central customer services got a lengthy essay complaining and I won't let it go! It's less the missing money and more the fact that I was actually accused of trying to steal from them. As if I would want to spend my whole lunch break preparing a letter, queuing for 15 minutes and then another 20 mins or so being told I was some sort of con artist for the sake of £10!

Being hopping mad seems to have helped me focus on getting even anyway!

[nackers]

The story so far: I have sent an LBA and as expected A&L have not offered me a refund within the time limit, so my next step is the MCOL. However, I am waiting until the end of next week to do this (because I haven't got the money to do so this week!).

 

This would be all well and good, were it not for the fact that A&L continue to add charges to my account and sent me a default notice yesterday as I have been over my overdraft limit of £100 for a couple of months now. The amount of money I am over the overdraft limit by is composed solely of their bank charges. I have pointed out in my last two letters that this is disputed and they should stop adding charges and not default me, apparently to no avail. Obviously I want to stop them taking further action on this default and eventually get it off my credit file, but for the moment making sure they don't call in debt collectors would be enough.

 

Is the LBA notifying them that I intend to take court action enough to prove that this amount is disputed and that they can't call them in?

I can see that bankfodder suggests in order to get the default removed, that you might add this as a condition to the court claim for the charges.

Does anyone have any experience of doing this? Ideally I'd prefer not to complicate the court case, has anyone had any success of getting A&L to remove these defaults purely by sweet talking or writing?

 

This is insanity of course, I would have paid almost all of the £100 off by now were it not for the fact that A&L continue to add another £50 or so in charges to it every month!

[nackers]

*bumps*

 

hello?

[Guest Battleaxe]

Nackers,

 

A & L will not do anything until you get heavy with them. I would get the claim underway and then address the default after that. get that claim in NOW.

 

if you dom't have the money to do it on line, you go to the laocl county court and fill in an EX160A and ask for the filing fee to be waived because of hardship. hand you documentation over and wait. it takes about a week. I know this from experience.

 

Make sure you have all the documentation with you when you got to the County Court.

 

Just sending A & L the Prelim and LBA letters does not mean a thing to them and the things are computer generated, so no human sees the noticeds being sent out to you.

 

Do you realise and it is a seperate issue, you are being harassed? They are trying to get you to play the game their way.

 

File a complaint on line immediately with the OFT and then email A & L letting them know you have done this. email [email protected] letting him know what you have done. make sure you get a read receipt for the email and print the email off after you send it and the read receipt, you will need to keep this as evidence in case they decide to play silly beggars with you.

 

Until you really let them know you are playing hard ball, they will just continue to fob you off. You have to keep the pressure on them.

 

You get stuck, you PM me.

[caro]

I think you are far more likely to succeed with the default removal if you include it as part of your claim. Defaults are notoriously difficult to get removed, but there is no doubt that your case will be less straight forward. The banks will argue till the cows come home that they won't remove a default, but if there is a question of bank charges being claimed it is much easier to get sorted if you include the default removal as part of your settlement.

 

You say you have notice of a default. Does that mean that they have given you notice that they intend to put a default on your account or that they already have. They will be in breach of the Banking Code Section 13.6 which says:

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

 

you have fallen behind with your payments;

the amount owed is not in dispute; and

you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I suggest that you write to them and remind them of this as a matter of urgency. It's much easier to stop a default from happening than getting it removed.

[nackers]

Thanks both of you.

 

I have just dropped in - what a week! I have had a mad week at work, a job interview to swot up for tomorrow and a hectically busy weekend so I haven't had the time. I have started on the MCOL and saved it and I will put it through on Sunday hopefully and draft correspondence on the default to go on Monday. I have the money to pay for the MCOL now, but sadly as work messed up my christmas advance it's going to leave me pretty short! I just think that given the default developments I need to get it sent ASAP (but I don't want to rush it and get it wrong). This is also driving me to leave this bit off the court claim and pursue this separately, but also ASAP. I can see pretty clearly they're in the wrong and think I can make a good case but I don't need to complicate things, I'll just try to get in very soon!

[emmaf01]

Hi!

Hope you can get your mcol in soon- as the "nice people" at A&L might give you a christmas bonus!

Worth a shot!

[Guest Battleaxe]

Pink pigs will fly past my window before those A=s=e=o=es and Leeches will give you your money before Christmas

[nackers]

hello again! well I finally got the MCOL through and am awaiting response to correspondence on the default issue.

 

for my next question, I would like to know if I need to factor in additional time for the banks to acknowledge or defend my MCOL due to the bank holidays coming up - i.e. it was issued on the 15th December, so in theory I could ask for judgement on the 29th December, but there are 2 bank holidays in between so I wondered if I had to give them more time?

[caro]

I think you should check that with MCOL. Give them a ring.

[nackers]

ah, the note in the post has given them until the 3rd January

 

*looks at watch*

 

*waits*

[nackers]

 

I got home yesterday to find a cheque for the full amount claimed on the MCOL - just short of £1400 So I can be moved to the successes now!

I would never have had the confidence and knowhow to pursue this without the forum and I will definitely make a donation when I get round to cashing that cheque.

 

 

(....Although there have been a further 2 charges since I put the MCOL through so I'll need to go after them too now and there's still the default to sort out ....)

[Guest Battleaxe]

Nice way to start the New year Nackers..now get the rest off them