A&L Close Account after issueing new card!

[langthorne]

Hi all,

 

Really desperate for some advice here as I can't see any other threads relating exactly to my issue.

 

Back in Oct 2006 I successfully won my claim (after court) with A&L. I paid off my overdraft and send them my card and cheque book requesting they close my account. I thought that would be it, but then realised after logging back into internet banking end Nov that they actually didn't close my account at all. I called them to ask why the account hadn't been closed and they said they didn't want to close it and would I like a new replacement card? At this time I was financially struggling and needed to get together some money so used my A&L account once the card was sent. Not to shop but to pay the bills/mortgage, etc. I have now received 2 letters from them (automatically generated) saying they are closing my account and last letter dated 29 Dec 06 that they have closed the account and any activity on the account would be seen as 'theft' etc. In this letter they have given me until 6 January (tomorrow) to pay the balance of £1767.00. I can't check transactions on this account as I can't see my statements and called them this morning to find out if this was an error. I'm aware they can close your account at any time, however this stinks of retaliation. I pay off the balance, request to close the account, they leave it open to temp, customer has activity on the account, they close it without warning (straight after Christmas) and demand full payment within days.

 

Anyhow, I called them and had to speak to the credit control dept who said that as I took them to court and didn't agree with their T&C they had every right to close my account. I asked them to send me statemenst showing latest transactions as they have added more charges now too??? and they've said that I would have to 'offer' them an amount to close the account. Is this game playing or what?

 

My dilemma is, I think I can scrap together most of the money and pay this dammed thing off, but it will be a massive struggle, however I don't want to be left with a default notice on my credit report and I also think this is the lowest form of f*cking with customers. Dangle the carrot and then kick them when they're down. If anyone has any legal advice or information for me on this situation I would love to receive it. Please help!!! Thanks

[Delboy01]

If you can scrape the money, it might be possible to pay them off to save any action, and then take them to court again for the charges

 

But then again I aint no legal person, someone else will be along soon to advise you propper

 

Delboy01

[langthorne]

Thanks Delboy,

 

I should have mentioned in my long not that I read in the CAG that you guys were looking into the legalities of banks closing our accounts and there wasn't much on it yet. I want to fight against the closure because of the way it has been done, a clear retaliation, which is surely unlawful. As is the fact that the terms & conditions being referred to them aren't conducive to the unlawful fees and therefore using that as an excuse to close the account can't be lawful either.

 

In my haste I forgot to mention A&L's reply to me this morning as to why then they sent me a new card and they said there is no record of this, however I have the card in my possession which clearly shows the start date/month!!! Lunacy.

 

[Guest NATTIE]

I think I will bump this up as it may be interesting that they are closing the account even though there is a negative balance for further comments on this one from the evening bods.

[langthorne]

Thanks so much for your reply and interest. I'm really in a bit of a state about this as they gladly said on the phone that there would be a default shown on my account as it is closed and showing a negative balance. IN addition to saying "I" would have to offer how much I want to pay of this to settle they said I had 6 months to pay the balance. Given I have no idea where I legally stand on this any help would be appreciated before I write back to them. I don't think a call this again is appropriate now.

 

Again, any help would be gratefully received...

 

Cheers

[Guest NATTIE]

A thought crosses my mind, any of that figure charges? And not sure on that default thing being right either?

[langthorne]

I can't see what the total comes from and asked them today to send through a statement showing why the balance is so much, they did say they've applied charges which I'm not paying. I have to really wait for the paperwork to come through to decipher.

 

Yeah the default cannot be right, but as they said its because they have closed the account with a balance to pay remaining - unsure what my legal rights are here as it doesn't seem right to do that on top of demanding full payment within a week!

[Guest NATTIE]

Is it within an authorised overdraft? well I know you need to see the paperwork but did you have an overdraft on the account?

[langthorne]

yes I had an agreed overdraft for a few years of £2000, the balance outstanding is within this overdraft limit.

[Michael Browne]

First thing to do is send them this:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

 

What was the date of their first letter giving notice of a/c closure?

 

A&L subscribe to the Banking Code which says:

Closing your account

7.5 Under normal circumstances, we will not close your

account without giving you at least 30 days’ notice.

Examples of circumstances which are not ‘normal’

include threatening or abusive behaviour towards staff.

 

When you asked to close the a/c, was this in writing?

[langthorne]

Thanks so much for that Michael, I know I need to write to them but had no idea what I could say/propose.

 

When they paid up they said that my account would be closed end Oct 2006 (exact dates ??? as don't have paperwork on me now) but I cleared the overdraft and sent my card/chq book in before the date they said they would close it. I put it in writing that I was closing the account and sent the stuff off before the date they proposed. They said today that they said they were closing the account in October and this is why they have closed it - 2 months later/once I've used the overdraft again.

 

The last letter was dated 29 December saying I had until 6 Jan to pay the balance.

[Michael Browne]

I have now received 2 letters from them (automatically generated) saying they are closing my account and last letter dated 29 Dec 06 that they have closed the account

 

It's just that you say you phoned them end Nov re a/c still open, they send you a new card, which you recieved end Nov/ beginning Dec? and within 4 weeks you are £1767 overdrawn. When did they send you these 2 letters? During Dec?

[langthorne]

yes, within 4 weeks overdrawn by 1500 as I transferred two large amounts to my other accounts to cover bills. Afraid that's what happens when your partner is out of work for 3 months!

 

They sent me a letter on 22nd December threatening closure and to pay up and then again on 29th December.

[Michael Browne]

Right, it looks rather like while one department is re-authorising your a/c, another sees large withdrawals and belated takes action. I assume there were no credits during this time.

 

Can you remember the date you phoned them end Nov. You could send them a DPA SAR for entries on your file since Oct particularly that specific date showing issuing of new card,and ask for a recording of the call

[langthorne]

I will definitely do this when writing to them tomorrow.

 

There were a couple of deposits made, however I moved my pay to a different account so this may be why they've retaliated now.

 

I'll write to them with all the advise received tomorrow and see how it goes...

 

Thanks to all once again.

[tifo]

I am thinking ...

 

If you wanted to close the account then you would have had to pay off any outstanding amount on it. You would have done this when you sent the cheque book and card back.

 

So, when they issued you a new card and you used this, why did you use the overdraft, or did you decide to keep the account open now?

 

I assume you would use the money you won from them to clear off any amount remaining on the account and closed it?