djweeble v Spiteful A&L

[djweeble]

Hi all,

 

I'm looking into starting the ball rolling with what will certainly be a quite large claim against Alliance and Leicester. With my internet banking statements I've been able to total up just over £1000 in the last 6 months alone, and they were particularly good months compared to my normal state of affairs

 

I'm working long term in Norway at the moment so it's a little bit more awkward for me to get hold of statements etc, and to send the £10 for the DPA request. I thought about making my initial contact with the bank by e-mail, requesting them to send me the details electronically (email or text file) and authorising them to make a ONE OFF deduction from my account of £10 to cover the fee.

 

Has anyone else done this or think it would work, or will I have to go down the road of registered letters etc, which would mean me having to forward the docs by email to my other half for printing out and sending ?

 

I really want to get this thing going as soon as possible, as I can sense the snowball effect of this action by customers just over the horizon, and I truly believe it won't be long before Mr B.Liar and co will get dragged into it, and bring out some sort of legislation to protect the banks and stop these claims happening

[djweeble]

Well I tried the email route and got absolutely bloody no-where

So, I've spent most of today writing out initial contact letters to three companies asking for details. If that gets me no-where, then the DPA requests go in.

 

Alliance and Leicester, I estimate they owe me well over £5k

Abbey National, About £1k

MBNA, No Idea, but I'll know soon enough

 

I'll be sending them off tomorrow afternoon straight after work.

 

Can a Mod move this topic for me please, the original post was before the individual bank forums were made, it'll probably be better in the Alliance and Leicester forum as that's the biggest figure by far.

[alanfromderby]

Thread duly moved - but please can you start a thread for the other claims on the relevant forum as well. This makes it easier for people to follow your claims - and answer questions where necessary.

[Guest Lueeze]

Why did you wait 2 months to see if you got anywhere?

 

You really need to re-read the steps to follow or you will never suceed.

 

You MUST send a DPA request in writing with a £10 cheque/Postal order, and do it recorded delivery.

 

Unfortunatly you will have to start over me thinks, but good luck!

 

Lou x

[djweeble]

It's a bit more difficult for me being abroad, and I do admit I dragged my heels a little, maybe a lot

 

I am starting from the beginning again anyway, lets see if I can get it right this time

[Guest Lueeze]

Okay so your not in this country, I understan, I was surprised to see you waited, but I can see why you wanted to try and resolve via internet!

 

Unfortunately the Banks a VERY awkward and they only seem to understand the threat of Court Action!

 

Good Luck!

 

Lou xx

[djweeble]

Well, the ball is rolling again. Due to unforseen circumstances at work I haven't been able to get to the post office to send off the letters till today, I've also decided that as they didn't play ball with my initial e-mail contacts, I'd go straight in with a DPA request.

 

Sent this earlier today by Registered post......

Alliance & Leicester PLC

Personal Customer Services Centre

Bridle Road

Bootle

Merseyside

GIR 0AA

 

 

Account No XXXXXXXXX – djweeble and wife

 

Dear Sirs

 

 

I would like to make a formal request under the Data Protection Act (1998 ) for a complete and exhaustive list of all charges made on this account since its inception. Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you

 

As you are no doubt aware, you are afforded 40 days to comply with this request.

 

If you are of any doubt that this information is covered by the act, may I respectfully draw your attention to the case of Durant v FSA 2003 where the judge ruled that bank statement information is indeed personal information and thus covered.

 

As you will be aware the Information Commissioner has declared that the maximum amount payable for this service is £10, I hereby authorise you to debit this sum from my current account once you have supplied me with all the requested information.

 

 

Yours sincerely

 

Cost me Kr67.50, about £6, but registered is the only method I can use from here, and I'll stick it on the top of any claim I make to the courts.

 

I'll give them a few days extra seeing as it's being done internationally, but that's all they'll get.

[BankFodder]

The only thing I have to warn you about is that if by some unfortunate chance you are The One, then you will have to get back to UK in order to attend court. If you are unable to do this then you will lose your case. If the matter did go to court it is highly possible that it might take more than one hearing because the bank might attempt to make applications to delay and to confuse.

Be aware of this

[djweeble]

Thanks Bankfodder, I do realise that.

 

I do have a means of getting back to the UK quite fast if neccessary:D

 

Hopefully it wont come to that.

 

Just out of interest, would you think I stand any chance of claiming my travel expences should I have to attend court

[djweeble]

Quick update, had the OH on the blower tonight, about 500 pages arrived from A&L this morning, deadline runs out tomorrow

Goes back to 1997, though I did ask for "From its inception" which I think was about 95. Ah well, good start

 

They'll be in the post to me in the next day or so, and I'll get all the calculations done then.

[djweeble]

Small update,

 

I'm coming over to the UK on 20th July for a visit, so I'm collecting the papers then, the last lot that got sent to me cost £18 and there was half as much.

 

I'll be doing the sums as soon as I get back to Norway on the 25th.

 

I'll update again then

[djweeble]

Latest update:

 

I'm back in Norway now after a week in the UK.

 

I have the paperwork with me, and I've decided that the OH can't count, there's at least 1000 pages to sift through:o

 

Thank God she didn't post them:-D

[djweeble]

OK, latest update.

 

After many problems with computer crashes, moving jobs, moving home, etc, etc, I've now completed the calculations for the third time. :o

 

This letter is being sent by email tonight, my Mrs will print it out and send it recorded tomorrow.

 

Alliance & Leicester PLC

Personal Customer Services Centre

Bridle Road

Bootle

Merseyside

GIR 0AA

 

Dear Sir/Madam

 

ACCOUNT NUMBER XXXXXXXX – DJWeeble and Mrs

 

REQUEST FOR REFUND OF CHARGES

 

I am writing to ask you to refund the charges which you have levied on my account since its inception. I now understand that the regime of “fees” which you have been applying to my account in relation to direct debit/standing order refusals, unauthorised overdrafts and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

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.

 

What I require

By using the incomplete information you have supplied me, I have calculated that, from 28th May 1977 to today’s date, you have taken a net total of £8197.50 plus £6100.90 which you have charged me in unauthorised overdraft interest on the amounts you have taken. Total £14298.40. I request that you refund this amount in full.

 

Targets to resolve this matter

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

You have 10 working days, from receipt of this letter, to reply unconditionally accepting my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or do not respond positively, within this time period, I shall send you a further letter before action allowing a further 10 working 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 will be no further communication from myself and I shall issue a County Court claim at the expiry of the second deadline.

 

I look forward to hearing from you by return.

 

Yours faithfully,

 

A very p!ssed of DJWeeble

 

XXX

 

I might get my new car before Christmas after all :grin:

[caro]

Hold your horses there matey, or you might never get that new car. I would very strongly advise you to just claim back 6 years for now to make sure of getting something. Although there are people claiming back further than 6 years it is still not properly tried and tested so you could get the whole claim thrown out and end up with nothing. Just do 6 years worth for now, and when you have that safely in your hand, then go back to 1977 by all means, and I will be behind you all the way.

[djweeble]

Ooooops, just realised, 1977 :o should read 1997, better change that fast

[caro]

Still over 6 years though. Could be dodgy.

[djweeble]

Your item with reference DK*********GB was delivered from our BOOTLE Delivery Office on 25/10/06 .

 

Thank you for using this service.

 

 

Parachute account opened at Barlclays, . . . OOOeeeeerrrrr mother !!

 

Now I'll just sit back for a few days and see if I get the standard F**k Off letter.......

 

Anyone fancy a bet........

 

[djweeble]

Well,

 

Got my "Sodd Off" letter yesterday, only took them 4 days to send out a reply ....

 

Dear Mr Mrs DJWeeble

 

Thank you for contacting us regarding your account.

 

I have noted your comments that you believe the charges that have been raised on your account to be unfair, please be assured our charges are reasonable and are competitive with the charges made by other financial organisations.

 

The office of Fair Trading (OFT) has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's charges on current accounts.

 

As yet, the OFT have not entered into any discussions with the banking industry regarding current accounts. However, should that position change in the future, then Alliance & Leicester will participate as appropriate.

 

Given the above, I cannot accept you have been unfairly charged as you suggest. I regret, therefore, that I am unable to agree to your request for a refund of charges on this occasion.

 

I am sorry if you are disappointed with my response, but as the charges have been raised correctly in line with the terms and conditions of your account, they must stand.

 

Yours sincerely

J Mooney

Customer Services

 

So, as they've clearly stated they won't be paying me the charges back, should I still send an LBA, or should I maybe go straight for the jugular ??

[Guest Battleaxe]

Dear djweeble,

of course you send the LBA letter. This si the usual tactic, I am waiting for my second sod off letter, they do it just in the hope you will back down at the first hurdle.

 

Think of it this way, you write letters they have to respond, yur respond they respond, you are helping educate P Mooney and the others in customer service. At the same time you are gaining strength and they are getting weaker.

 

Send the LBA with the spreadsheet and sit back for the next sod off letter. You then file in court, they will play more games with you, hoping you will think you will loose, now way..just do it all by the book as laid out in the library and you will get your money with interest.

 

Onwards and upwards.

 

just for heck write your next letter to Mr Ian Wade, Head of Customer serives, Current Accounts.

 

I love to help keep his intray full to overflowing.

 

I also put a drawing of a screw on the envelope with the motto, 'screw the banks before they screw you'

[djweeble]

I just checked my account on-line to make sure my mortgage payment went through today.......

 

The B@stards hit me with a charge for interest on my overdraft, and paying the mortgage would have put me 16P over my limit, so.......... BOING

 

For the sake of 16P they bounced a £580 payment and charged me £38 for the pleasure of it

 

EDITED

[blackcatchillers]

Sometimes i wonder about taking action against the banks."i was aware of the charges etc" but its threads like this that make my blood boil.Wheres the soul,the understanding the common sense?.......SQUEEZE FOR EVERY LAST PENNY DJ.

[djweeble]

Now I'm bloody FUMING

 

Because of all the charges they recently levied on my current account, I've gone approximately £40 over my limit. A letter arrived at my house this morning, posted YESTERDAY telling me that because of this they are closing my account forthwith:x

 

At times in the past I have been as high as 4 or 5 hundred over my limit, and as this only happens for a day or two until my wages go in, there's never been a problem, apart from the charges.

 

Now I ask for a refund, and the next week they close my account, even though my wages are due in TOMORROW !!!!!

 

Smacks of retaliation.....

 

I said earlier they were EDITED, I was wrong, they're

 

EDITED

 

Now I'm out to get them big style

 

They told me to return my cheque books and cards, I emailed them to tell them to Fupp Off unless they pay the postage, and I'll accept NO LESS than International REGISTERED post as I'm currently in Norway

 

I've also managed to stop my wages going in to the account

 

Looks like Barclays get my wages from next week

[e28bigalbexley]

hi Djweeble

Yes not very nice but i do believe that under the banking code they should give you 30 days written notice (gives you time to set up new account) before they close your account. I think a letter to head office and a little chat with your branch manager, (try to restrain yourself from grabbing them by the throat and ramming them into the wall).

 

I think somewhere in the FAQ's there is a link to a list of banks if you need a parachute account.

 

AL

[djweeble]

OK, LBA in the post tomorrow evening.

 

Does anyone recommend any changes to this......

 

Alliance & Leicester PLC

Personal Customer Services Centre

Bridle Road

Bootle

Merseyside

GIR 0AA

 

9th November 2006

 

LETTER BEFORE ACTION

Dear Sir/Madam,

 

ACCOUNT NUMBER: *********, Mr & Mrs DJWeeble (Now closed)

 

I am very disappointed that you have failed to respond satisfactorily to my letter of the 23rd October 2006

 

I remind you again that I 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 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, and frankly I am now shocked at your refusal to refund money that I am legally entitled to.

 

By using the incomplete information you have supplied me, I have calculated that, from 28th May 1977 to 23rd October 2006, you have taken a net total of £8197.50 plus £6166.13 which you have charged me in unauthorised overdraft interest on the amounts you have taken. Total £14363.63.

 

I AGAIN request that you refund this amount in full.

 

In addition, there have been further unlawful charges applied to my account since 23rd October, however, as you have retaliated to my initial request by closing my account and stopping me from accessing details on the internet, I am unable to include these in the total amount at the moment. I require that you also refund these charges IN FULL at the same time, and as a gesture of good will I will not claim interest on these extra charges unless I am subsequently forced to proceed to court action.

 

If you do not comply fully with my request within 10 calendar days from recorded receipt of this letter then I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT on the basis that you have failed to comply with the OFT's direction of 5 April 2006, and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then I advise you to seek advice from your legal department.

 

Yours faithfully,

 

 

 

Lambs to the slaughter

[caro]

I repeat my earlier warning to claim back only 6 years in the first instance, and then go for the rest in case you encounter problems trying to claim back further. You have again said 1977 yet when I mentioned this before you said it was 1997. Have you repeated your earlier mistake? I think you should also state the rate of interest you are quoting which I assume to be contractual. If so you should mention that. I would also advise that you give the usual 14 days instead of 10.

 

You could remind them that as the account is in dispute they should not be taking any action until the dispute is resolved. That may prevent the account closure.

 

You are wandering a long way from the standard process for claiming back charges here, and I would urge you to think carefully before risking such a large claim.