The Holte41 v A&L ***WON***

[The Holte41]

I have read the information on your site and have sent a request (along with the £10 "fee") to the bank, requesting statements for the past 6 years. I believe that the amount of charges will run in to the thousands, (at one point last year being charged almost £400 a month, half of my monthly salary! - which only made matters worse).

I have written to the bank on many ocassions expressing the unfairness of the charges - I dont need to pay £34 for them to tell me they are not paying my £16.99 direct debit due to insufficient funds - I already know it and part of the reason there are insufficient funds is due to their charges!! From time to time they have made token gesture and refunded one charge. I know I am ranting now - everyone on this site knows the situation and has suffered the same.

 

I now have two queries:

1, Once I have received statements and identified all charges - which of these do I request refund for? Are the illegal charges only those which exceed the amount the single offence for which I am being charged?

2. Should these total more than the £5000 limit of the small claims court (or in my case Sherrif Court), could I lodge two separate claims?

Thank you for such an informative site and good luck to everyone attempting to retrieve charges from their respective banks. We all know these excessive charges suck!!

Regards

[Bookworm]

The Holte41, can you please tell us which bank you're claiming from so we can move your post to the relevant forum, you are currently posting on someone else's thread, which is called hijacking and will complicates things enormously for both that [person and you as your claims progress. Then we'll answer you. Thank you.

[The Holte41]

My apologies - I didnt appear to be able to start a new thread. Currently banking with Alliance & Leicester.

[younganfree]

Hi there, The Holte, seems no-one has picked up on your thread yet.

 

I'm no expert, still only considering action myself - it's a big step and you need to feel 100% confident before you jump. However, from what I have been reading on the site, it seems ALL charges can be claimed back for the past 6 years.

 

It isn't a case that there are legal charges and illegal charges.

 

The case is that the amounts the banks have been charging is illegal, because they are punitive and not a true reflection of what it costs them to deal with our - shall we call them - "indiscretions"!

 

If I am incorrect in any of this, I'm sure someone else can steer you right.

 

Luck dude.

[caro]

I now have two queries:

1, Once I have received statements and identified all charges - which of these do I request refund for? Are the illegal charges only those which exceed the amount the single offence for which I am being charged?

2. Should these total more than the £5000 limit of the small claims court (or in my case Sherrif Court), could I lodge two separate claims?

Thank you for such an informative site and good luck to everyone attempting to retrieve charges from their respective banks. We all know these excessive charges suck!!

Regards

 

1 All of them

2 As you mention the Sherrif Court does this mean that you are in Scotland. If so the limits are different, but I think the advice is to split the claims. Take a look on the Scotland forum as I think you will find some answers there.

 

Good luck.

[The Holte41]

Many thanks Bookworm for sorting my posting difficulties - hope you got a good nights sleep!!

 

Just a quick update checked bank online today and my cheque to Alliance and Leicester in respect of fee for providing me with statements (as requested in DPA) has been cashed.

I wonder if they will be so efficient providing the information requested? Will be interesting to see.

So play the waiting game now - but I will keep you updated!

Regards

[JulieR]

hi Holte just dropping by to watch your progress!

[The Holte41]

Confirmation parachute account now open. Rubbing hands with glee now!!! Just can't wait to get this rolling

[The Holte41]

Please, please, please A&L hurry up with those statements!!! My 40 days are up this weekend and I am off visiting relatives for two weeks - off on Monday!! Want to get my letter requesting refund of charges in before I go and think it will take at least a couple of evenings work to complete all the data for the past 6 years!!!

[The Holte41]

Attempted to check on my account balance today via telephone banking services only to discover that A & L have closed my account WITH no prior warning!!! Could this have something to do with the fact that I emailed them yesterday reminding them that the time required for provision of my statements was running out???

[kingliam]

That sounds a little excessive, have you contacted them?

[younganfree]

Attempted to check on my account balance today via telephone banking services only to discover that A & L have closed my account WITH no prior warning!!! Could this have something to do with the fact that I emailed them yesterday reminding them that the time required for provision of my statements was running out???

Dude, if you haven't already done so, check out Lady Penelope's thread; they did a similar thing to her. She received her Data Protection Act c17th June - they closed her account by the 30th, so not even got to moneyclaim stage!

 

They have obviously decided to play it even dirtier than before.

 

Good job you already had a parachute open.

 

This is one important lesson for new claimants to learn - MAKE SURE YOU HAVE A PARACHUTE ACCOUNT BEFORE YOU JUMP!

[The Holte41]

I am not certain that the account closure was as a response to my email reminding them there was only a few days left before the time was up for the provision of statements.

However during the conversation I was advised that it had been closed because my overdraft limit had been exceeded by £23.59 - which would not be the case had they not charged me £25.00 for cashing the £10 cheque submitted as fee for provision of statements!!

I expressed my disappointment given that neither myself of Money Advisor CAB had been contacted by the bank. I was advised that they were not aware that I was using the services of a Money Advisor, or had indeed made a proposed repayment plan!

I also reminded the customer service advisor that I had submitted a request for statements at the beginning of June and to date no statements had been received. Wait for it. . . . We have no record of your request, did you send a letter? At this point I fell of my chair laughing (you have to keep your sense of humour when you are losing everything else)! I asked how on earth they could possibly deny they had not received my subject access request when they had cashed the £10 cheque, charged me £25 for doing so, this meant I had exceeded my overdraft limit AND now account closure!!!!! The response, well the cheque went one way and the request another, there is a backlog ot the moment. LOL I WONDER WHY????

Now with great delight I am about to put pen to paper, regarding this farce (for all the good that will do except make me feel better) AND have my letter reporting them to the information commisioner ready to post first thing Monday morning when my statements have failed to turn up at the weekend!!! Will be couteous enough to let them know I am doing just that too!!!!

Will keep you posted!!!!

[The Holte41]

OK - just checking procedure and I appeared to be jumping the gun. Next step send letter before action advising them they have seven days to provide statements before I report them to the Inromation Commisioner and seek Court Order obliging them to do so?

 

Feel I need my hand held here now - am off to check Lady Penelope's thread, but any advice welcomed!

Thanks folks

[The Holte41]

Letter ready to post first thing Monday morning - if anyone spots anything wrong PLEASE let me know!!!

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: *****(I have entered account number here)!

You have failed to comply with my Data Protection Act Subject Access Request dated 6th June 2006

 

If you do not comply within the next 7 days I shall have no alternative other than to report your failure to comply within the terms of Section 7 of the Data Protection Act 1998with the Information Commissioner and shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

Any comments appreicated!!!

[The Holte41]

And letter ready to go to bank now:

Account Number (MINE)

Dear Sir/Madam,

I am writing with regard to the above detailed account and to express my utter disgust at the manner in which I have been treated.

When attempting to obtain an account balance by use of telephone banking today, in order that I may pay cash in to my account to bring it back within terms of my agreed overdraft, I was informed that I had failed security and was eventually connected and told that my account had been closed. I was told that my account had been closed because I am in excess of overdraft to the sum of £23.59

This was without prior warning. In addition, the advisor failed to recognise that I have been in correspondence with the bank on numerous occasions expressing my financial difficulties and advising that I was seeking assistance to rectify the matter from a Money Advisor CAB. The Money advisor wrote to you on May 5th 2006, offering a proposed repayment plan. Again all knowledge of this communication was denied.

During the same conversation I advised that I had requested statements for the past 6 years and had paid the appropriate fee of £10 on 6th June 2006. Your advisor told me that you had received no such request. However, I was able to provide evidence that they had received the request having cashed the accompanying cheque! In cashing that cheque the bank made a charge of £25.00 – NOTE my overdraft facility has been closed due to an excess of £23.59!!! The bank is obliged to comply with my subject access request within 40 days. 40 days will have passed this coming Sunday 9th July and I suspect that the bank will have failed to comply with this request and will be in breach of Section 7 of the Data Protection Act 1998.

To that end I shall be issuing a Letter Before Action and shall be referring the banks failure to comply to the Information Commissioner.

Yours faithfully

[caro]

I'm not sure about saying that you expect them to fail to meet the deadline. You cannot make that assumption. I would suggest you leave out all of the DP stuff in fact, as you do not need to warn you are sending an LBA, and then send that on Monday as a nice little follow up;-)

[The Holte41]

Okay will take yoru advice Caro

Many thanks

[The Holte41]

Friday and still no statements. Posted letter of complaint about account closure to bank, but now back to the business of claiming back charges.

I have checked the forums and the step by step action plan, so if statements are not received tomorrow - last chance before 40 days are up and very doubtful given that I was told yesterday that they havent received request, I next step is to send Letter Beofre Action - advising I shall be reporting them to Information Commisioner and begin a court action obliging them to provide me with information. They have 14 days in which to respond? That deals with their failure to supply information.

Am I too also send a preliminary letter requesting estimated charges be refunded in order to commence my calim?

Any advice appreciated

Regards all

Keep up the good work!

[The Holte41]

Just an update. Back from travels to mailand visiting family, and the wonderful sight of a huge package containing all that vital information. Looks like I have a very busy few days ahead. . but here goes:)

[The Holte41]

Totted up just over £1700. Sending schedule of charges along with preliminary request tomorrow - 1st class recorded!! Wish me luck!

[caro]

Whatever for? Luck has got nothing to do with it.

[The Holte41]

Thank you Caro. Can't wait to be making a contribution to this site. Will keep you info'd

[The Holte41]

Letter before action being sent recorded delivery tomorrow. Game on!!!

[jasonlewis]

Good luck Holte41!!!!!

 

I'm also sending my LBA on Friday 11th August. Bring it on!!!!!!!

 

Just read all of the court stuff and start preparing your defence in case they take it to the last straw!

 

Cheers

 

Jase