Sweetcal v Alliance & Leicester **WON**

[SweetCal]

Hi! Im also claiming back fro, A&L who numerous times have charged me £34.00 for failing a DD worth £5, then whacked on another £25 for being overdrawn! Ive just written down all the charges - am yet to add them up but will post again when I have my grand total to request from them

[SweetCal]

ok the grand total is

 

 

 

£1708.50

 

Cannot believe my charges over the last 6 years come to that - its shocking really. I got more & more angry with A&:L when going through the statements & seeing charges upon charges upon charges.

[Bigmac versus]

I know what you mean, however it is the only time i can honestly say i was glad to see charges when going through old statements,lol.

Now go get em send prelim

[Bigmac versus]

[your address]

 

 

 

[their address]

 

 

[date]

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

alter to suit

 

 

[name]

[SweetCal]

Thanks for that, cant wait to get this sent tomorrow!

[Bigmac versus]

Good luck just dont let them put you off as they will try everything, just remember this is your money not theirs.It may be worth your while checking posts for claiming contractual interest as this if you are wanting to be claimed would increase your claim and would need to be stated in both prelim and lba. Goodluck.

[Andrew66]

If you use the spreadsheet in the templates section, it will calculate the interest for you from the date the charge was taken. My interest came to over £1000, it really does add up. If it goes to the court stage(which it will) you add it to the claim form.

[SweetCal]

Got my standard response to the 1st approach for payment today. The OFT meant charges relating to credit cards, our charges are fair blah blah blah... the 14 days are up on the 18th so I will wait til then before sending out my LBA.

[Jacketspud]

Goodluck sweetcal. You will get your money, it worked for me once I had served the court claim. Just follow the advice on the forum and you will get your money back.

[SweetCal]

Thanks Sent my LBA on the 19th so am expecting another bog off letter any day now! Then its the court action thing I guess. Not really sure what that entails, might go and have a look at the online form now so im ready when the 14 days are up!

[SweetCal]

oh plus I need to do a new spreadsheet dont I? To include the 8% interest.

[SweetCal]

got my 2nd bog off letter today, MCOL is ready to roll just waiting out the full 14 days

[SweetCal]

Filed my MCOL - just a waiting game now I guess! Anyone have any odea of time scales from here onward? Do they always acknowledge the clain to buy themselves more time?

[SweetCal]

I won I won I won I won I won!!!!! Just got in, checked my mail and low and behold there is a cheque for £2190.03 woooohooooo talk about quick! I only just did my mcol the other day - cant believe it! Moment its cleared I will soooo be donating to this site & can I just say thanks to everyone for support/guidance xxx

[2hapennys]

WELL DONE Sweet Cal.

Enjoy spending your money.

They were very quick, congratulations

[SweetCal]

I know I cant believe the speed - mine obviously went to the efficient person - good luck with yours! I bet you have a cheque within a week x

[vicmar]

well done i am waiting until this friday to file mcol if looking at your timescale hopefully i should have a happy valentines!!!