The Smiths v A & L Round Two

[Guest Battleaxe]

Did the SAR for Round Two, 1998-2000. thought about this and re-read a few posts regarding the statute of Limitations and differing opinions on how to make the claim, so the plan is to roll this and out post November 2006 charges together in one claim and this time I am going to stick to the game plan of claiming contractual compund interest, Nothing to loose on this one, this is the jam on the bread and the bread and butter.

[djweeble]

Nice one

 

You know it makes sense

[Guest Battleaxe]

I have to update this thread. I think A & L are getting cheesed off with me bexause the letter I received to day reads as exasperation with mne.

 

I sent them a notice to stop processing erroneous information to the CRA's, they sent me back a rterse reply that would not stop doing this, so I sent them the usual 'are not to register a default under the baking code para 13.6 I am really laughing.

 

 

Oh dear, how silly of them, as I have an outstanding S.A.R - (Subject Access Request) for the second bite. They are continuing to add charges to the account, do they really believe it is all over?

 

I think Tam, Rosie and I must be sending them around the twist.

 

 

8 January 2007

Dear Mr & Mrs Smith

 

Thank you for your letter dated 11 Decemner 2006.

 

As previously advised in our letter of the 1 November 2006, we have exhausted our Complaint Procedure, and it is inappropriate for us to enter into any further communication with you regarding this matter, either verbally or in writing.

 

I am sorry that we were unable to resolve the issue raised, to your satisfaction, and can confirm that referral ot the Ombudsman is your next course of action

 

Yours sincerely

 

Jackie Gibbs

Manager, Customer Relations

[Guest Battleaxe]

Well blow me down. here is the reply to my SAR

 

Thank you for your letter of 11 January following your previous letter requesting a complete list of chgarges and transactions on yyour account for the period 1998-2000.

 

In October 2006 we provided you with copy statements from April 2000 to October 2006 and 3 further monthly statements have been sent to you November, December and January. We have also provided you with screen prints of our Events History which contains details of nmmanual intervention on your account.

 

We only retain details of customer transactional information for a period of approximately 6.5 years after which time data is permanently deleted. Consequently we are unable to provide you with any transactions or charges information prior to April 2000.

 

In your letter of 27 November you enclosed a £10.00 postal order to cover the cost of providing you with information. the postal order has been cashed however I have arranged to refund your account with the amount fo £10.00.

 

Please accept my apologies for the delay in responding to your initial enquiry.

 

Yours sincerely

 

Mr M Boyes

Customer Services

 

......................................................

 

Now, do I guesstimate the the charges back from April 2000, bearing in mind I did not claim those charges in my initial claim, I only claimed from October 2000 and they have been piling charges on to the OD since November last year, which now makes the OD balance stand at £1221.81OD with a further £65.00 in charges being added to the account on the 28th January.

 

Oh wise ones who have claimed back beyond the six years, anty advice accepted. The OD is there because of charges.

[Guest Battleaxe]

Bump..any suggestions please

[Guest Battleaxe]

I have taken the bull by the horns, sat down and have prepared my claim 1998-2000 and Nov 2006 - to current date. I have claimed contractual interest and the claim has come to a whopping £3,469.74. The overdraft on our account was caused through unlawful charges so I used this as the base for the pre April 2000 charges. they claim they do not have the paperwork to disclose the true charges incurred pre April 2000 and put my S.A.R - (Subject Access Request) £10.00 in the account.

 

I have thought about this and decided that they will now have to prove the the pre April 2000 charges which will then be brought to Information Commissioners attention and of course when they say they are going to defend our claim in court, they will have to disclose this to the Judge after telling us they cannot provide this information. I am prepared to let a Judge adjudicate on this matter.

 

I also drew their attention to Section 32 of the 6 year rule Limitations Act. I think I have covered all the bases. To deny part of the claim while allowing the current part of the claim, they might just find themselves in an uncomfortable position.

 

I am amazed that our account has remained open with them even though they threatened to close it over a month ago. Of course I have a savings account linked to the current account and this might be why it is still open.

[Guest Battleaxe]

 

I think it is a case of the left hand not knowing what the right hand is doing, and isn't there something wrong with threatening to default me, while we have another claim in progress?

 

Of course I got the 'sod off' letter today to my prelim for the this new claim. Guess the LBA gets prepared and I'm upping the ante to the current CCI, not the 17.08% pre 2000. Section 32 and concealment. Such naughty bankers.

 

Oh what happens to my savings account? It has money in it. i don't think I will say a owrd about that and then when they close account I will have them on another bit naughtiness. Tsk tsk

[Guest Battleaxe]

Today have prepared my LBA claiming contractual interest pre March 2000 and post October 2006. it comes to £3492.54 at 17.08% as stated on their website as at today's date.

 

I have also drawn their attention to the letter of 30 January 2007 and the whole lot is going to the legal Department at Narborough. Roll on 25 February 2007, that is when the N1 will be filed.

[j.barton1]

Hi, I am watching your thread with interest, i am due to put in a court claim in 2 weeks after receiving their bog standard replies with a claim to mid 2000. It totals about 2,250 and i've put in for the full amount ,as the acc has been closed for yrs i shouldnt have any repercussions with threatened closure etc. Good Luck.....Jenny

[Guest Battleaxe]

I haven't had a reply to my LBA. must check the dates and file. i suspect we are near time. It will be fun to see what they are planning regarding this.

 

Thank you Jenny

[j.barton1]

Hi Battleaxe, I've been reading through the posts and i think this could help us in our quest LOL.

http://www.consumeractiongroup.co.uk/forum/legalities/65306-forget-32-limitations-act.html

It looks like a good arguement.

 

Jenny

[Guest Battleaxe]

Jenny,

 

Thanks for this I have had this case bookmarked actually got from AMICUS and I have always arguesd that you had six years to make a claim. It also helps having Sec 32 to strengthen the argument

[Guest Battleaxe]

Still no reply to LBA

[Guest Battleaxe]

Had a reply from FOS and complaint is being proceeded with. Will keep evveryone posted as it happens

[Guest Battleaxe]

Just had a phone call from A & L. 16.43pm

 

Good afternoon, can I speak to Mr Kent Smith or Mrs Phillipa Smith

 

You are speaking to Mrs Smith, I am Mrs Woods from A & L, can we go through some security questions?

 

Me..No you are calling me and I am not going to answer any security questions.

 

Mrs Woods: I will have to write to you.

 

Me: Very well. Then I severed the connection.

 

It wouldn't be that FOS has been on to them regarding the account the closure and the fact that there is on going litigation?

 

They are going to close the account on 4 March and default us according to their last letter.

 

They are also adding charges on to account and this month added £79.00 worth. Good thing we aren't using that account.

 

They must think they can resolve things without putting it in writing, so sad really, they are not learning any lessons.

[j.barton1]

Any news battleaxe?

 

Jenny

[Guest Battleaxe]

Hello Jenny,

 

The FOS has asked if I can prove I have contacted the bank regarding charges pre 2000 and being the jhorder I am I was able to dig out a letter to the Chairman, whinging about the legality of the charges and if he could show the legislation and reminding him that I had not had a reply to previous letter I wrote a month earlier. The address I sent it to was the registered office in Park lane LOondon and then I dug out a couple of real old statements with the unauthorised OD charges on them and I had annotated on these statements about the phone calls and comments by the call centre operatives, this was back when their phione number 0645 111111 1998/1999, so as requested I copied the lot and posted them of to Mr Ric Parkih, the adjuducator. Because I can prove I did complain pre 2000 I have a definite case for a claim. Poor A & L, they haven't got statements, but I dug up a few and am still looking for more copies of letters I wrote, but I am sure A & L will find them for the FOS.

 

Oh and because they are closing the account, they have to pay me compensation also. |Don#''t know how much, but I am bnot worried about that, just to get this lot of my hair and my Credit record staraightened out.

 

The FOS is also talking to them about our loan, (seperate complaint)which I might add they have made a delinquent account. The ICO has all that paperwork too.

 

What it is costing A & L in the FOS investigating, it would have been cheaper for them to be nice to me.

[j.barton1]

WOW Battleaxe, you seem to have these by the short an curlys LOL. Good luck!

 

Jenny

[Guest Battleaxe]

I didn't realise that we had those statments, goes to show how upset I was at the time, I had filed them in a folder in another file, which is titled Legalities??? and goes to show I was not satisfied at the time with what i was being told. Those two years of our life were rather traumtic with the youngest son drowning and having to repatriate his body back to New Zeraland and dealing with the legalities of MOTH's father's death and Neil's within ten months. We were up to our eyeballs with solicitors in three countries, dealing coroners in two countries and the police in Australia, because this where Neil drowned. Of course having unauthorised O/D's appearing on our account at this time, was not a priority, but the question of the charges was something I was going to address and had already written to the Chairman of A & L seeking answers. I found my FIL's old A & L saving book. I am a mad filer. I have all the documentation regarding the conveyancing of this house in a larger folder, the survey reports and even the Land registry reports. I have found old travel insurance documentation in this search and even the manifest for shipping and customs clearance documentation regarding our furniture and belongings over here. Pure luck I had these documents. I am sure I have copies of more letters, but I am wondering if they have been loaded on little A drive disks, so I am hoping what I have dug up is enough to help the FOS prove I had queried the lawfulness of the charges with A & L.

 

I think I can tug on the A & L collective short and curlies.