My A&L update (and advice needed)

[alanfromderby]

In which case they almost certainly owe you money. Have a look at the FAQ's and check out some of the threads. In the FAQ section you will find a step-by-step guide should the process for getting this money back. This is the link:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5

[MemmaJ]

Is there a particular name and address, that I should address the Preliminary Approach letter to Alliance & Leicester?

 

The only address I have is for Customer Services in Bootle.

 

Edited to also ask - my account has been closed by them, but it is still about £170 overdrawn (which they are saying I have to pay immediately).

 

In the Preliminary Approach letter, do I mention this (ie: say that I would like my account to remain closed, but for them to write-off the £170 in order to do so)

Because surely, all the time this is happening, they are going to be adding more and more charges to my account (for being over the overdraft)?

[Spiceskull]

Hi Emma,

 

The best place to send your letter is your local branch. Internal post systems will ensure it gets to the right person.

 

As for account open/closed, it makes no difference: if the charges are unlawful penalty charges you are entitled to recover them. However, if the account is closed you may face proof of ID obstacles.

 

In light of this you may be better off delivering your letter by hand to your local branch, getting them to sign for it, and taking a driving licence or similar for ID purposes. The bank will be able to take a 'certified copy,' which should meet all their requirements.

 

Good luck.

[mcuth]

Is there a particular name and address, that I should address the Preliminary Approach letter to Alliance & Leicester?

 

The only address I have is for Customer Services in Bootle.

 

I just used the Bootle address in my case (both for letters and the claim docs) - seemed to get through alright

 

Cheers

 

Michael

[MemmaJ]

I am at a very early stage in this process - 7 days ago I sent the Preliminary Action letter, after requesting all of my bank statements last month, and adding up all the charges.

 

Although I am very determined to get my money back (£336), I feel like giving up.

 

A&L have terminated my contract with them, because I went over my overdraft (Overdraft is £100 and my balance is around -£170), due to their charges.

 

I have been unable to pay that back, and that's why they terminated my contract and they have also issued a Default Notice.

 

Now I have started this process of trying to get the charges back - but I am really worried about that Deafult notice.

 

I really don't want to get a Deafult, because it will stay on my Credit Record for six years and will affect mine (and my partners) ability to get any credit in the future.

 

I feel like giving up, and just paying them the £170.

 

If I was to do that, to stop myself getting a Deafult, could I still claim back the £336 charges?

 

Or do I have to leave everything as it is, to claim back the charges?

 

Thanks for your help.

[alanfromderby]

I presume from what you are saying that they are threatening to issue a default. If this is the case then send a letter outlining that the amount they are claiming is due solely to their unlawful charges - and that if they continue to lodge the default you will consider it to be actionable under secion 10 of the Data Protection Act 1998, and will take action for damages.

[MemmaJ]

Thank you for your reply.

 

Can I still do that, even though I've already sent the Preliminary Action letter?

 

In the letter, I did write that the Default was a result of their charges, and that I would like it removed (so they dont issue a full default), But I am worried they'll go ahead and do it anyway!

[alanfromderby]

I would send the letter now - that way you have warned them that you will take action against them if they go ahead with it.

 

If it then gets to the stage of sending a LBA - include it again saying that any CC action will include the removal of any default and a section 10 damages claim.

[dave]

Thank you for your reply.

 

Can I still do that, even though I've already sent the Preliminary Action letter?

 

In the letter, I did write that the Default was a result of their charges, and that I would like it removed (so they dont issue a full default), But I am worried they'll go ahead and do it anyway!

 

Well if they do, they're just opening a can of worms for themselves - the charges are punitive in our opinion - if they won't go to court to prove otherwise, there is on ly one conclusion that can be drawn. If that's the case and they issue a default through abuse of their privaliged position about payment of charges that should not have been imposed in the first place due to their unlawfulness, then it can only be seen as deliberate defamation of character, especially as they know that the amount is in dispute and the reasons for why it's in dispute.

 

I would write something along those lines to them and then continue with the steps - they WILL HAVE to remove the default unless they want to go to court over the punitive charges - which, as can be found here, they won't.

 

If they do, then great, you'll get your money back and the judge will order that they have to remove the default.

[MemmaJ]

I am in the process of writing my Letter Before Action to A&L, as they haven't responded to my Premlinary Approach Letter, which was sent almost 2 weeks ago.

 

The Excel Spreadsheet that's in the library... I have input all the charges into that, and worked out the 8% APR interest on them.

 

But I am right in thinking that I don't add that 8% just yet?

I don't add that until I actually file a claim, do I?

So in this letter, do I just put the total of all the charges, and not this 8% interest too?

 

I haven't been charged any interest by them, just the straight forward charges.

 

Thank you.

[Guest Lueeze]

Just state you will be asking for Charges, 8% interest and court fee's if they dont refund you before you file a claim.

 

 

Lou x

[JulieR]

i just want to say dont give up Emma, i to wasnt sure if i really wanted to go through the process getting the hastle and worrying about ending up in court! but it really is our money you know! hang on in there and go for it, i know i am - and this group is brilliant in giving sound advice and encoragement, i think the fact that the banks are already settling out of court is setting a precidence.

I am sending my letter this w.end claiming the 700 they have taken from my account!

Take the advice given from the guys on here and you will be fine -

 

good luck x

[BankFodder]

I wouldn't normally suggest this because I don't like the idea of compromising with the banks very much. However as you are feeling very demoralised and because clearly the possibility of any default is very important for you (quite reasonably) I would suggest that if you have the money that you pay the bank in order to prevent the default.

 

This does not prevent you reclaiming your money in any way. But very importantly you will find that the pressure is off there will be nothing at stake and the bank will have lost its hold over you. This means that when you claim your money you can be much more dangerous to the bank then you were before. By taking this retaliatory action against you the bank has actually lost the battle already.

[Tinkerbelle]

I agree with BF and was going to suggest the same thing.

 

Please let us know how you get on as we are very interested.

 

Whe you say terminated your contract - do you mean a contract of employment or they have closed your account?

[BankFodder]

We have not heard from you. Can you let us know how you are getting on.

Thanks

[MemmaJ]

Many apologies for not getting back to you - I have had a very busy week!

 

I recieved a letter from A & L this morning, in reply to my Preliminary Approach Letter (even though I have sent the Letter Before Action since then!).

 

I was going to put a thread up, asking if it's just a standard letter that they send out to everyone.

 

It basically says that they believe that the charges are correct, and that there has been no consultation between the Banking Industry and the Office of Fair Trading about Current Accounts (not quite sure what that means.....)

 

Also that I should phone and give them a proposal for repayment to clear my overdraft....

 

Not sure what to do now...

 

As I said, I have sent the Letter Before Action on Thursday (second class), because they hadn't gotten back to me about the first one, within 14 days - and this is a response to the FIRST letter I sent (Preliminary Approach)

 

What do I do?!

[MemmaJ]

Whe you say terminated your contract - do you mean a contract of employment or they have closed your account?

 

Sorry, forgot to reply to this question - they have closed my account.

[Bookworm]

Don't worry, they're just following their slow complaint procedure thing. Yes, it's a standard f*** off letter.

 

What you have to remember is:

 

Your claim, your deadlines.

 

When YOUR 14 days are up, sue. They'll catch up sooner or later!

 

Do NOT phone them, make sure everything is in writing. This way, they can't get you to agree to things you don't want to, or say things they'll later take back.

[Tinkerbelle]

If I were you. I'd clear the overdraft - so at least you won't get a default against your name, and it's one less thing to worry about. It is £170 and not £1700 right??

 

Avoiding that default would be most important for me right now.

 

In the meantime I would continue with your claim for unlawful charges. You have sent them the LBA, so wait until the 14 days are up then file your money claim.

 

As Bookworn says - you set the rules and the deadlines.

 

Good Luck!

[MemmaJ]

Thanks everyone - I will phone them tomorrow and sort out a repayment agreement, to pay off the £170.

 

I don't have it all at once, so I'll have to arrange to pay a bit at a time.

 

What do I do if they say they've already put a Default against my account?

[Spiceskull]

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks

[MemmaJ]

Hi I am now in the proccess of filling out the form on the Money Calim website...

 

For the defendant's address, do I put the A & L address in Bootle (Alliance & Leicester, Customer Services, Bootle, Merseyside, GIR 0AA), or is there a different address for their Legal department?

[mcuth]

For the defendant's address, do I put the A & L address in Bootle (Alliance & Leicester, Customer Services, Bootle, Merseyside, GIR 0AA)

 

That's the one I used, and it got through just fine

 

Cheers

 

Michael

[civicwalker]

For my [now successful] MoneyClaim submission, the site would not accept

GIR 0AA - I eventually used:

Bridle Road, Bootle, Merseyside, L30 4GB

 

Good luck

Graeme

[MemmaJ]

I started filling in the online form on MoneyClaim, as I'm at that point now.

 

But I couldn't see anywhere for people who are exhempt from Court Fees (because I get Tax Credits), to put this and it wouldn't let me go any further without paying the fee's.

 

I've been to the local court and got the paper version of a claim form, and a Fee Exhemption form, but it doesn't look as simple as the online form!

 

IS there anywhere on MoneyClaim to put that you're exhempt from fee's?

Or will I just have to do the paper version?