KB vs A + L

[Kevyb1]

Hi All,

 

New to the forums and have just started out on the road to reclaim the bank charges. The data request letter went out along with the £10 a month ago but nothing back as yet. Will keep you posted how it goes.

[Guest Battleaxe]

Good luck. I am nearly at the end of my first claim against A & L. Hang in there be prepared for the 'sod off' letters and if you need help, just yell, enough of us are around the Mods and site helpers are fantastic

[Kevyb1]

Thought I would give them a call today to see when the data I requested would arrive. I dated the SAR letter 12th November but they didnt present the £10 cheque until 22 November. They tell me the 40 days is from when the cheque was presented and not when the letter was first receipted at the head office so looks as though I will have to wait until 2nd Jan before start chasing again. Is this right?

[Guest Battleaxe]

No this is not right. The time starts from two days after you posted your letter. Give them a copy of the post office mark on the recorded delivery slip. Write and tell them what the deadline date is and remind them that you wil be filing at 9am the following working for non compliance and that your immediately reporting their reply to the ICO.

 

They are trying anything now to get away with this. I always send a crossed postal order, so they have no leverage regarding trying to start the clock. The law is very clear on this. 40 days from the date of the letter, but you do have to allow two days for the recorded delivery and this is your proof of receipt.

 

Go get 'em and take no prisoners.

[Kevyb1]

Thanks for the reply. A letter is on its way today.

[~*Cash Crisis*~]

I always send a crossed postal order, so they have no leverage regarding trying to start the clock.

 

Hi Battleaxe, That's what I done when I sent my SAR letter. Is there any way I can find out the date that the postal order was cashed by A & L?

I can't see any contact numbers on my postal order receipt!

 

Sorry for asking questions in someone elses thread!

[Guest Battleaxe]

KB,

 

I have never checked to see when they have cashed the postoal order, I just send them a photocopy of the post office receipt. I am wondering if you check at the post office, as they have a copy of the PO number, if they can't track it, they should be able to tell how to do it.

Sorry I can't be of more help .

[tamadus]

Thought I would give them a call today to see when the data I requested would arrive. I dated the S.A.R - (Subject Access Request) letter 12th November but they didnt present the £10 cheque until 22 November. They tell me the 40 days is from when the cheque was presented and not when the letter was first receipted at the head office so looks as though I will have to wait until 2nd Jan before start chasing again. Is this right?

 

The 40 days starts either the day they receive the request or 2 days after posting by first class mail. Hope you sent it by recorded delivery so you have proof of when it arrived. In fact I send all letters about a claim by recorded now from first to last. the only one I dont use recorded for is accepting the settlement and notify court that it's settled

[tamadus]

Hi Battleaxe, That's what I done when I sent my S.A.R - (Subject Access Request) letter. Is there any way I can find out the date that the postal order was cashed by A & L?

I can't see any contact numbers on my postal order receipt!

 

Sorry for asking questions in someone elses thread!

 

The post office can tell you how to track a postal order but it does take some time, that is why I always use a personal cheque, I can track it as soon as it hits my bank.

 

ALWAYS send these letters using first class recorded delivery, that way you know when the letter arrives and it destroys their argument. About 10 days after delivery you can also get access to the signature as well.

[Kevyb1]

Does it matter where the SAR went first? I sent it to the head office at Narborough rather than Bootle. Infact, should I send all correspondence to Bootle? They are trying to extend the start date because the letter was transferred from Narborough to Bootle and are trying to use this transfer time as an excuse. Regardless, I have sent a follow up letter to Bootle expecting the data no later than 24th December.

[tamadus]

Does it matter where the S.A.R - (Subject Access Request) went first? I sent it to the head office at Narborough rather than Bootle. Infact, should I send all correspondence to Bootle? They are trying to extend the start date because the letter was transferred from Narborough to Bootle and are trying to use this transfer time as an excuse. Regardless, I have sent a follow up letter to Bootle expecting the data no later than 24th December.

 

They have 40 days from date of receipt of the SAR letter as long as it includes payment.

 

When I made my claims against A&L I ignored their Bootle centre totally and sent everything to Narborough.

[Murphy99]

I am currently claiming bcak charges from A&L, and the S.A.R., took 42 days from the date of the recorded delivery letter, although I did have to ring them after 38 days just to remind them!!

[Guest Battleaxe]

Everything I did and am doing with A & L goes to Narborough, then there is no excuse.

 

if you got the stuff after 42 days, the ICo isn't that interested.

[Kevyb1]

OK. All correspondence from now will go recorded delivery to Narborough. Thankyou all for your help so far. I'll be in touch soon with an update.

KB.

[tamadus]

OK. All correspondence from now will go recorded delivery to Narborough. Thankyou all for your help so far. I'll be in touch soon with an update.

KB.

 

If you issue on MCOL you will serve the papers on the Narborough adress anyway as it's their head office so cut out the Bootle middleman

 

Hi Battleaxe not hijacking this thread but they finally accepted that SAR and are sending the data out quickly. bit late as I already submitted a claim on them:) They have also offered all the charges back but we want the interest as well

[Kevyb1]

Hi All,

 

The wad of bank statements finally arrived after 42 days and just as I was about to send the LBA for non compliance of the SAR. Anyway, I have collated all the data and will send off with a preliminary approach for payment. Can anyone tell me why I can not add the 8% interest now?

[tamadus]

Hi All,

 

The wad of bank statements finally arrived after 42 days and just as I was about to send the LBA for non compliance of the S.A.R - (Subject Access Request). Anyway, I have collated all the data and will send off with a preliminary approach for payment. Can anyone tell me why I can not add the 8% interest now?

 

The 8% is allowed under section 69 of the county courts act. It is purely at the discretion of the court and can only be applied when you file a claim with the court.

[Guest Battleaxe]

When I did my prelim letter I did add the contractual interest, and made the total of both the charges and interest my demand for repayment.

 

When I did the LBA I also sent both sets of sheets with the interest updated, so A & L wasn't sure what I was going to file.

 

When I filed, I updated the interest again but applied for the 8% interest.

 

I got this amount and my costs when they settled after saying they were going to lodge a defence.

[Kevyb1]

Hi Battleaxe,

 

I have sat on this for a few days now trying to work out and get my head round contractual interset. Could you please advise what method you used? Thanks in advance.

[Guest Battleaxe]

Maybe I am using a simplistic approach here and the purists will howl me down.

 

I used Vamps spreadsheet and entered the current rate of contractual interest, from the day the very first charge was applied. i did not bother using the sheet which required the balance at the time the interest was applied, as half the time with A & L this was not shown, if it was, it did not correlate to anything as we all know.

 

So if the first charge was on 10 October 2000, that is the date I applied the current rate of contractual interest which is 17.08%, I also added the interest they charged me on the dates they charged and this also included at the contractual rate of interest.

 

They paid me out using the 8% interest as this is what i claimed when I filed. Next time around which is this month I am not deviating from contractual rate of interest.

 

Example Interest charged £ 2.23

Date Charged 28 Oct 2000

Interest 1.37

 

so this little bit of interest would have been cliamed as £3.60

 

So Charges and interest of £1186.75 earned £563.42

 

Total claim £1770.17

 

but with 8% interest the pay out was £1378.97

 

Hope this makes sense.

[Kevyb1]

Battleaxe,

 

Thanks for that. Did you include the interest claim with the preliminary approach for payment or can i wait to add this with the LBA ?

[Guest Battleaxe]

Kevyb1,

 

I included it in my prelim approach, was told to sod off, sent the all the paper work in LBA, they told me to sod off again, so court we went

[Kevyb1]

Ok, One last question. although I have an agreed overdraft the charges did not take me over the agreed overdraft limit but I can still claim contractual interest? Sorry if I am missing something here.

 

KB

[Guest Battleaxe]

They still applied charges, so you claim those charrges back at contractual interest rates because this is what they are charging you.

[Kevyb1]

Hi Again,

 

Recieved today the standard sod off letter. One paragraph in the letter actually say's the OFT statement refers to credit card fees and not charges on current accounts. Do they think we are stupid or is this just playing the game to the end. Anyway, LBA goes off tomorrow.

keep you posted.

 

KB.