Alliance and Leicester - Progress to date:

[packjoker]

Here is a copy of the Letter Before Action I will be posting off to C Johnson at A&L tomorrow...

 

C Johnson

Current Account Back Office

Customer Contact Centre

Bootle

Merseyside

GIR 0AA

 

29th March 2006

 

Your Ref: xxxxxx

 

 

FINAL LETTER BEFORE ACTION

 

Dear C Johnson,

 

RE: ACCOUNT NUMBER: xxxxxx

 

Thank you for your letter of 11th March. 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.

 

I would draw your attention to the terms of the contract that 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 that 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.

 

From the information you have recently supplied, as part of my DPA disclosure request of 7th March 2006, I calculate that you have unlawfully debited my account by £548.00.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

PJ

[Janet-M]

was to busy looking at the avator to read letter lol ...... that seems fine keep us posted

[packjoker]

Yet another delaying letter received:

 

03 April 2006

 

Dear PJ...

 

Thank you for your further correspondence dated 29th March

 

I can confirm we are looking into the issue you have raised and will send you a full response within the next 28 days.

 

Yours sincerely

 

Ann Dawes

Customer Services

 

I'll be preparing my court claim in the next day or so...

[packjoker]

Hey Y'all

 

I am just about to issue my small claims action against Alliance and Leicester using the moneyclaim website (https://www.moneyclaim.gov.uk), and thought it might help others to include the 'particulars of the claim' here:

 

Particulars of Claim:

 

The claimant has had an account with the Defendant since 13th March 1995. During this period, the Defendant has debited numerous charges to the account in respect of purported breaches of contract on the part of the Claimant.

 

The Claimant contends that these charges are punitive in nature and that the contractual provision that permits the Defendant to levy such charges is unenforceable by virture of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and the common law.

 

In remedy, the Claimant seeks:

 

a) the return of the amounts debited in respect of charges since 23/08/99 in the sum of £548.00;

 

b) court costs;

 

c) The claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 23/08/99 to 12/04/06 of £ 195.69 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.12%

 

Amount of claim:

 

Amount claimed £743.69 (inc. 8% Interest)

Court fee £80.00

Solicitor's costs £ 0

Total amount £823.69 (plus interest to day of judgement)

 

 

I will of course keep you all posted

 

PJ..xx

[packjoker]

Claim filed via moneyclaim.gov.uk website:

 

Date of claim: 12th April 2006 Time of claim: 00.01

Claimant (Packjoker)

Defendant Alliance and Leicester PLC

Description Alliance and Leicester Charges

Claim Number: 6QZ23914

 

Amount claimed £743.69 (inc. 8% Interest)

Court fee £80.00

Solicitor's costs £ 0

Total amount £823.69 (plus interest to day of judgement)

 

PJ xx

[Jes0rKah]

Very informative to read your claim process!

 

A&L don't half know how to rack those charges up! I'll be finding out how much I'm owed once I've learnt the process inside and out!

 

Good luck, and all the best getting your money back!

 

//Jess

[packjoker]

Hello again...

 

Got a letter from an A&L solicitor saying they intend to defend my proceedings (yay!):

 

 

21st April 2006

 

Dear Mr. PJ...

 

RE: Yourself v Alliance and Leicester plc

Northampton County Court Claim No: 6QZ23914

 

We confirm that we have written to Northampton County Court advising that we intend to defend these proceedings.

 

Yours faithfully.

 

Jackie McGuirk

Solicitor

Litigation Team

 

Surely that should be 'Yours sincerely', Ms. McGuirk? (Sorry, can't help being a pedant) Lets hope she's the one who's taking this to court...

[packjoker]

Also today, I received a Notice that Acknowledgement of Service has been filed from the court.

 

Only one interesting thing here: in the part where Ms. McGuirk (remember her?) has to declare what she intends to defend; she has ticked the option that she intends to defend the claim in part rather than ticking the option that declares she intends to defend the claim in full

 

Can anyone think why this might be? (or is this usual?)

 

PJ..xx

[mcuth]

Surely that should be 'Yours sincerely', Ms. McGuirk? (Sorry, can't help being a pedant) Lets hope she's the one who's taking this to court...

 

Yup, she's the same one that wrote to me with my cheque, and made the same basic letter writing mistakes (see here). Strange how they didn't even acknowledge service on that claim, let alone file a defence, but it was for around double the value of yours? I wonder how they work out which claims to defend, since it can't be based on value....

 

Cheers

 

Michael

[djh1697]

I just wonder how much it costs the bank to defend these claims? Solicitors dont come cheap! The company has to pay one, although it probably has a team, but there is the time preparing such a claim.

 

This could prove interesting!

[dw190]

I just wonder how much it costs the bank to defend these claims? Solicitors dont come cheap! The company has to pay one, although it probably has a team, but there is the time preparing such a claim.

 

This could prove interesting!

 

In house solicitors being paid 24/7 so your claim is just another in a days work. (Probably doing a days work more often since this forum was formed)

 

Banks don't farm work out at rates of £175-£200 per hour which is not recoverable in the Small Claims Court.

[packjoker]

YAY!!!!!!!!

 

 

I today received a cheque for the full amount of my claim. I am now £823.69 richer. I think I'll buy myself a new comptuer

 

28th April 2006

 

Dear PJ...

 

We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim.

 

This decision should not be regarded as an admission of liability on the part of the Company, nor should it be regarded as a sign of weakness on our part as we consider our charges to be fair and reasonable.

 

We therefore enclose our cheque in the sum of £823.69 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming the case has been settled.

 

As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation.

 

Yours faithfully,

 

Jackie McGuirk

Solicitor

Litigation Team

 

As for the last paragraph...As the great Catherine Tate might say: Look at my face... Am I Bovvered?

 

PJ..xx

[mcuth]

Ah, excellent news PJ, well done

 

Cheers

 

Michael

[djh1697]

PJ, They reviewing your banking facilities ? threatening to close your account ? I wonder if there is any legal arguements here, since all bank have to offer bank accounts to people, even though it is only a Basic Bank Account.

[mcuth]

PJ, They reviewing your banking facilities ? threatening to close your account ? I wonder if there is any legal arguements here, since all bank have to offer bank accounts to people, even though it is only a Basic Bank Account.

 

PJ's got the same veiled threat as I got - except I've not heard a peep out of A&L since the settlement cheque came....so I couldn't tell you if it's a closure threat (yet)

 

Cheers

 

Michael

[packjoker]

I don't think they will close my account. I think they just added that last paragraph to try and make themselves feel better about giving me back my own money.

 

I'm not even going to give them the satisfaction of paying the cheque they sent me for £823.69 into my current account. It's going straight into my .ing direct savings account.

 

To be honest, I hope they do call me about closing my account, then I can tell them exactly where to shove it - it would be no skin of my nose to switch. As my account is about 3k in credit - they would be the ones to lose out. (but I'm not bitter! ) I'm sure I'd be much happier with smile.co.uk anyway (and get a better rate of interest on my current account!)... watch this space

 

PJx

[mcuth]

I don't think they will close my account. I think they just added that last paragraph to try and make themselves feel better about giving me back my own money.

 

I'm not even going to give them the satisfaction of paying the cheque they sent me for £823.69 into my current account. It's going straight into my .ing direct savings account.

 

To be honest, I hope they do call me about closing my account, then I can tell them exactly where to shove it - it would be no skin of my nose to switch. As my account is about 3k in credit - they would be the ones to lose out. (but I'm not bitter! ) I'm sure I'd be much happier with smile.co.uk anyway (and get a better rate of interest on my current account!)... watch this space

 

Heheh, I know what you mean - I'm hoping they do come back and close the account, I'll be off to make a complaint quicker than they can say "overdraft"

 

Cheers

 

Michael

[EEK!!!]

Just to add to your debate on the comment below;

 

'As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation.'

 

I had the same coment on my letter which came today with a cheque ;-) however my account has been closed for at least 6 months - attention to detail springs to mind. It's obviously just an idle threat.

 

Congratulations by the way

[packjoker]

Just to finish off this thread properly, (and for the benefit of others...) I thought I would post my final letters to Ms. McGuirk and Northampton County Court here:

 

1. Letter to Ms. McGuirk acknowledging receipt of her their cheque as settlement:

 

Ms. Jackie McGuirk – Solicitor

Alliance and Leicester plc

Customer Services Centre

Narborough, Leicester

LE19 0AL

 

 

Your Ref: LAW/3504/JAM/ljo

Lit.42/06

 

 

Dear Ms. McGuirk,

 

I’m writing to acknowledge receipt of your cheque (in respect of the sum £823.69) as settlement of my claim with regard to the unlawful penalty charges Alliance and Leicester plc have been imposing on my account. Please take note: Should any charges of this type be applied to my account in the future, I shall have no hesitation in taking further action to recover the amounts charged.

 

 

Yours sincerely,

 

 

PJ

 

2: Letter to Northampton County Court advising them that the claim has been settled:

 

The Clerk Of The Court

Northampton County Court

21-27 St. Katharine's Street

Northampton

N111RN

 

2nd April 2006

 

 

Dear Sir/Madam,

 

RE: Northampton County Court Claim No. 6QZ23xxxx

(Packjoker v’s Alliance and Leicester plc)

 

I am writing to inform you that I consider my claim for the return of the sum of £823.69 (with regard to the penalty charges imposed on me by Alliance & Leicester plc) has been settled in full - as I received their cheque on 30th April 2006 for the full amount claimed.

 

 

 

Yours faithfully,

 

PJ

 

 

That's all folks...

 

PJ

[mcmade]

Looks like you got a photocopy of the letter I recently recieved, as well as the photocopy of the DPA request. They cant even be original in their letters.

[packjoker]

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