Rynik VS Alliance & Leicester

[Rynik]

Hi Guys,

 

Great site has helped much already.

 

Ok my story so far....

 

I wrote to A&L requesting my statements I was supplied with these.

 

I calculated fee's and interest with totaled around £1300.

 

I wrote to A&L stating I felt these were unlawful and got the "OFT have stated that 'credit card charges' are unlawful and not debit account charges"

 

What rubbish i thought so i sent them a letter stating that unless this was resolved i would considering taking them to court.

 

Yesterday I recieved a letter back from them stating that they still believe the charges are lawful and advised me how to not go overdrawn!

 

So now it looks like I give up or take them to the small claims court, this is where im looking for a little advice as how to proceed. I am speaking later with a relation who is a solicitor which should help but I was looking for advice from people who had taken on A&L this way and won.

 

Cheers in advance.

[HSBCrusher]

Hello, and a very warm welcome to our site.

If you wish to see a solicitor, thats your choice, but everything you need is right here in CAG.

Please read up the FAQ, it will tell you everything you need to know, and what to do at each stage.

All the best with your claim, if you get stuck, just holler!

 

Crusher

[Rynik]

I have taken this now up with the Financial Services Ombudsman prior to logging it at the small claims court. I was told that after it has gone to court I couldnt log it with these and they may be able to assist without going to court.

 

They are currently writing to A&L on my behalf. Will wait and see what happens, has anybody else tried contacting these?

[younganfree]

Don't know, Rynik. This is mostly a forum for DIY claims.

 

We know that there is recourse to the FSO, but I get the feeling that they can't force the banks to pay up, so it's maybe just delaying things. Especially as, some time back now, A&L said they would repay all claims against them made in court.

[Rynik]

Especially as, some time back now, A&L said they would repay all claims against them made in court.

 

 

Who and where was this said? I dont completely understand the court procedure so atleast this gives me time to proberbly read up on it.

 

Who knows maybe I wont have to go to court........

[younganfree]

I just knew you were gonna ask that!!!!!!!!!!!

It goes back months and months now, way back last year after I'd been watching this site for a while. Not sure if I'd be able to find the threads now but I'll give it a try.

In the meantime, however, you can take it as chapter and verse that at some point, soon after it became de-rigeur to claim back bank charges, a spokeswoman for A&L stated on a radio interview that A&L would repay the charges to any customer who made a claim via the courts but would then proceed to close their accounts.

[younganfree]

No, sorry, looked but can't find anything. Too far back I'm afraid.

But I bet some of the 'older' forum members or mods can back me up on this.

[Rynik]

Thank you for looking for me however.

[chain chick]

Rynik

 

Don't be frightened by the Court business. That is what A&L bet on and that it why they let it go to the wire.

 

I have claimed on MCOL (Moneyclaim on Line) They have received my claim acknowledged it and say that they are going to defend Yeah Right!!!

 

They telephoned me yesterday and offered me £1500 no thanks. They telephoned 10 mins later and offer £3600 and odd.

 

I am sticking out for £4200 odd. I will let you know how it goes.

 

I just wanted to say that they have paid everyone who has issued a claim and not one person has had to turn up in court (From what I have read) If perchance you were the first peron they decided to defend against (Very Very Very unlikely) You would get as much help as you need from the guys here, I am sure

 

Good luck - read though the FAQ's cos it will tell you everything you need to know. If you get stuck post up and someone will come to your aid

[Rynik]

Hey guys, Im thinking of just taking this to the small claims court now can someone please give me some idea of how long this could take?

 

[Edit - Found Guide for what to enter at MCOL]

 

Im waiting to fill this in tomorrow due to some paperwork not being here what costs are people incurring on MCOL??

 

Cheers again.

[younganfree]

You sent them a letter requesting repayment, but have you sent your LBA yet? You need to do this before you can proceed to MCOL.

[Rynik]

I sent them a letter stating that I still believed the charges were unfair and if they were not repayed I would consider taking them to court.

 

See below - Sorry its a bit long

 

Re: Your refusal to refund bank charges

I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account.

Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect.

The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract?

As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.

When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said:

"[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50).

Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges.

If I do not hear from you within the next 7 days, I will consider raising an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.

I look forward to your response.

Yours faithfully

[Rynik]

Completed forms for MCOL. Just waiting to submit.

 

Have to pay £120 for court fees, i know i get this back but at the moment its a fair amount of money....

[Rynik]

Ok we are going ahead with this as of today total to reclaim stands at £1463.34. Will be pressing that submit bottom monday i pressume (waiting to gather money for initial court costs) Lets see what the big mean A&L do now!!

[HSBCrusher]

Ok we are going ahead with this as of today total to reclaim stands at £1463.34. Will be pressing that submit bottom monday i pressume (waiting to gather money for initial court costs) Lets see what the big mean A&L do now!!

you will have to prise the money from their cold, dead fingers.

But you will get it!

[Rynik]

Ok, money gathered and claim has been submitted on MCOL.

 

I will keep you informed when I hear anything.

[Rynik]

Bank has filed a agreement of service so now have around another 24 days to present a defense. Just sit and wait some more.......

[younganfree]

Yep!

[Rynik]

Good news and bad news.

 

I got a cheque today for £1592.71

 

However they say on the letter "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."

 

Not too bad right? However the account i thought and was told was all setup with Halfax turned out to not be when i get a letter also today stating "Unfortunatly we are unable to offer you an account at this time".

 

Time to look for another account and cross my fingers!!!

[redgemini]

Hi Rynik, a lot of people mention that NatWest are good for setting up basic accounts?

[chain chick]

You also want to complain about them shutting your account and get compo

 

I think I read that co op do a basic account

 

Oh and CONGRATS on the cash - They seem to be paying everyone except me

[Rynik]

Give that person a cookie Spoken with Natwest and account 'opened'. Just await details in post to sign and send back.

[Rynik]

You also want to complain about them shutting your account and get compo

 

I think I read that co op do a basic account

 

Oh and CONGRATS on the cash - They seem to be paying everyone except me

 

I will complain 'IF' they close my account just needed to open a new one 'just incase'.

 

How long have you been waiting? its about 14 days before my court date?

[chain chick]

They have until 20.03.07 to defend so 7 days ! I was hoping to have a cheque by now.

 

Still I am sure that I will get it soon

[younganfree]

Well done, Rynik.