Alliance & Leicester

[EEK!!!]

Just to keep everyone up to date;

 

I sent my first letter to my local branch, I didn't need to ask for duplicate statements as I already have them all, giving them 7 days. No reply I've given them until today to respond (a simply we're looking into it would have sufficed) however no correspondence. So today I've sent them the Letter before Action giving them 14 days.

 

I feel that I've been resonably with my time allowance.

 

Has anyone else been ignored ny A&L?

[Miss T]

Sent my first letter, recieved reply exactly 7 days later, fob off really. They said would look into it and get back to me. Delay tactics!!!!

So have sent a letter before action giving them 14 days to refund charges or will see them in court, prepared to go all the way if needed.

Havent found anyone yet who has recieved refund or has logged claim with Alliance so quite worried.

[EEK!!!]

Out of interest where did you send your letters and when did you send your letter before action letter?

[Miss T]

sent letters to

 

Alliance & Leicester

Customer Services Centre

Carlton Park

Narborough

Leicester

LE19 0AL

 

Only posted the second letter Monday,so got a wait but I am eager to crack on.

[EEK!!!]

I've recieved my first letter from A&L today. I've already sent my Letter before Action letter , must have crossed in the post. However the letter is dated 27th Feb I'm not sure why it took 4 days to get here and it's over the 7 day deadline I gave them in the original letter so I shouldn't feel to bad for already sending the LBA letter!!!

 

Anyway it basically says;

 

Dear Miss EEK!!!

 

I am writing in response to your recent commincation and was very sorry to learn of your disappointment with the service you have recieved.

 

Thank you for taking the time to highlight your concerns, we are currently looking into the situation and will be writing to you with a more detailed response.

 

In the meantime, i am enclosing a leaflet which explains the steps we will take to handle your complaint.

 

Yours sincerely,

 

P Banning

 

Probably just a standard letter we're all getting

[EEK!!!]

I've had a reply to my first letter, however I've already sent my Letter before Action as it's taken them so long to reply;

 

Dear Miss EEK!!!

 

Thank you for your letter of 15 February 2006.

 

I have examined the charges raised on your account and can confirm that they are correct and have been raised in accordance with our published tariff. In view of this and after further consideration I do not feel that a refund is appropriate.

 

I have arranged for details to be sent to you under separate cover to explain how to obtain information we have recorded under the Data Protection Act.

 

I hope we will now be able to draw this matter to a close and if I do not hear from you within the next 8 weeks, will assume this is the case. However in accordance with regulatory requirements, I am enclosing our leaflet which explains the steps you would need to take if you should wish to pursue this matter further, including the ultimate availability of the Financial Ombudsman Service.

 

If you need any further assistance please do not hesitate to contact me.

 

Yours sincerely,

 

P Banning

Retail Financial Services

 

Shall I just wait for my reply from my letter before action? (Thanks in advance)&

[Bookworm]

Well, you should let the time given in your Letter before Action lapse, then file, even though they have made it clear they are not willing to pay already. By taking so long in answering, they're dictating the pace, it's time to do things YOUR way.

 

So, if you've given them 7 or 14 days in your LBA, wait for that date to lapse, then go for it. Would THEY let you dawdle and hum and haw before paying up? Of course not, you only have to see how quickly they charged you when you went over your limit!

 

Let us know how you get on, and good luck. If/when you file your claim, don't forget to tell Dave or BankFodder so they can add it to the list.

[EEK!!!]

Thank you. As soon as I hear anything I'll let you guys know. In the mean time would you suggest I prepare my claim?

[BankFodder]

Yes, prepare the claim and prepare yourself also fro a possible court case.

 

read the guidance notes, ask questions if you have any and start trawling through the forum for anything which looks like useful evidence.

 

If you seen any references frm any one to any useful letters or dicuments, then contact them and ask for a copy for your evidence file.

[richardc]

I have been collecting useful bits and pieces for my own case. They are unstructured but if any one iis interested I'll gladly share

[EEK!!!]

Can someone have a quick look at this, it's my particulars of claim, to see if's ok. ShouldI put in that I want to claiim back my court fees? Thanks in advance.

 

I had a contract with Alliance and Leicester plc from January 05 until July 05 which was conducted on their standard terms and conditions. I am claiming the return of money taken by Alliance and Leicester in the way of charges in 2005 plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have asked the bank to justify their charges but they have declined to do so.

I claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 5th January 2005 to 11th March 2006} of £295.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

[BankFodder]

Is this a money claim or an N1?

 

You haven't included the total of the charges which you are claiming.

Your interest claim for 6 months is absoultely massive at £295 so I think you are making a bad mistake soemwhere and the daily continuing interest must be a figure of 0.xxxpence per day - not the percentage

that's just for starters, sorry.

[EEK!!!]

Thanks for the super fast rapid response!

 

Sorry for the errors it's still early

 

It's a money claim. Ok here it is with a few ammendments.

 

I had a contract with Alliance and Leicester plc from January 05 until July 05 which was conducted on their standard terms and conditions. I am claiming the return of money taken by Alliance and Leicester in

the way of charges in 2005 of £295.00 plus the interest they have levied on those charges. The bank's charges are a disproportionate

penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 5th January 2005 to 11th March 2006} of £24.42 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

[BankFodder]

Well that's more like it.

But if they defend, are you prepared? Do you thnk you can make a case?

You need to be sure of yourself because you could be the one they decide to make a stand with.

[EEK!!!]

Is what I have shown you sufficient to put in my money claim. Would you tweak it in any way?

 

I have all of my bank statements and I have this great forum to gather evidence and information and if I ask really nicely then I'm sure everyone here will be 100% behind me. I'm sure by the time it all comes around, if it does, then I'll be more than ready to take them on. It's just a waiting game now to see what reply I get from my LBA.

[EEK!!!]

Well people I know it's been a while but I thought I should give you an update. I submitted my claim on the 10th April and I've had my acknowlwdgement today saying A&L intend to defend the claim. They now have 28 days from the 19th April to file a defence. So now it's just a case of waiting until the 17th May 06.

 

Keep everything crossed ;-)

[anarchist]

Ello Eek,

 

I'm running side by side with you mate on this! Claiming against A&L, submitted same date (19th) and received a reply stating A&L are going to defend in full this morning.

 

Good Luck

[wez1211]

Ditto, received reply to LOC this morning stating A&L intention to defend. I am confident this is a standard stalling tactic (but for some people it may just put them off as the next step is court). On the other hand, perhaps they do this to give them time to issue cheque!!

[EEK!!!]

hi guys.

 

Good to know I'm not going this alone. It'll be interesting to see if we all get the same treatment and letters etc.

 

Out of curiousity did either of you get a letter from A&L saying;

 

Dear Miss EKK!!!,

 

Re: Yourself against Alliance & Leicester plc

Northampton County Court Claim No. 6QZ3336

 

We confirm that we have filed the Acknowledgement of Service with Northampton County Court indicating our intention to defend proceedings.

 

Your faithfully,

 

pp (signed bu someone else)

 

Jackie McGuirk

Solicitor

Litigation Team

 

Good Luck fingers crossed

[anarchist]

Great isn't it! I'm actually looking forward to it. Its my fiances claim but I'm sorting it all out for her, and have informed her that if anybody from A&L tries to call her to discuss it, to refuse to speak to them and demand any communication is in writing (as shes not the most calm of people on the phone!!!)

 

I've not had that letter (yet), although the 'solicitor' mentioned (jackie) is the same one on my acknowledgement.

[anarchist]

Just a quick note Eek, we had our claim settled this morning via a cheque for the full amount of the court summons (£2254). Absolutely fantastic, The original claim was only for £1650 but after adding all the expenses/interest on we've made £600 profit!

 

Absolutely chuffed to bits. I'll definately be shoving an amazon voucher in the post!

[cjwardle]

I've just taken A&L to Court re a £34 charge. They replied saying they were going to defend the claim. 2 days later they sent me cheque saying they had "reviewed my case" and were paying out in full but that thia did not represent an admission of liability on their part.

 

Apparently they are going to be contacting me regarding the future operation of my account. I will let you know if they try any bully boy tactics....

[EEK!!!]

Firstly congratulations to you both on getting back you money.

 

The best news of all though see below:

 

Dear Miss EEK!!

 

RE: Yourself against Alliance & Leicester plc

Northampton County Court Claim No. 6QZ23336

 

Further to our letter of the 24th April we hace revieved your particular case and have decided in this instance to settle the claim.

 

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

 

We therefore now enclose our cheque in the sum of £373.24 paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that 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 be contacting you shortly to discuss its future operation.

 

Yours faithfully

 

pp'd

 

Jackie McGuirk

Solicitor

Litigation Team

 

I'm looking forward to the call reference my future operation of the account considering it's been closed for about 6 months!!

[reduk054]

Fantastic news!!! A great inspiration for all of us!

[mcuth]

Congratulations & welcome to the "A&L winners" club

 

Cheers

 

Michael