Nikkirose v A&L

[nikkirose1]

Hi, I have a very similar question. Back in September, before I knew my rights or had found this website I had a private fight with A&L over some excessive charges. They had charged me in 3 different ways for exceeding my o/d limit by a few pounds for one day. In reply to my complaint letters, to start with they told me to s*d off, then eventually offered me a £25 'goodwill' payment and that was their final offer. Thinking that was the best I would get and that I'd done quite well to even get that out of them I agreed, and signed the form of acceptance for the £25 to close off the complaint.

 

However, having now reexamined my old statements I have found another 'day 2' o/d charge I hadn't realised they had taken, and which was not mentioned in any of my previous letters. So my question is twofold:

 

a) Can I include all these old charges in my claim now, even though I settled for £25 at the time? (none of my letters at the time referred to the legality of the charges , just that I thought it was unfair of them to charge me)

 

b) Even if no to the above, can I include the sneaky extra charge which was not included in any correspondence or agreement on the issue.

 

I am going to claim anyway for other charges they have levied since, but would like to include everything I can, and also don't want to jeopardise the claim by including stuff I've waived my legal right to compensation on. Many Thanks.

 

 

MOD: POST MOVED, YOU WERE HIJACKING SOMEONE ELSE'S THREAD. PLEASE POST YOUR QUESTIONS AND UPDATES HERE.

[cheddar]

a) Yes

 

b) I wouldn't have thought you can claim the £25 again as it would be like someone asking for a £38 charge than asking for it again a year later.....

 

By the way any form or agreement you have signed doesn't mean a thing as the charges are unlawful this means you can claim again and again, you haven't waived your right to anything.

[nikkirose1]

Thanks cheddar, I was hoping I hadn't signed away my right to challenge them. I won't try and claim twice for the one which was refunded, but it's good that I can go after them for the rest.

 

PS sorry moderator, I was trying to find the most appropriate thread for my question rather than starting my own, as there is a lot on the site about not duplicating questions.

[caro]

[quote=nikkirose1

don't want to jeopardise the claim by including stuff I've waived my legal right to compensation on. Many Thanks.

 

You cannot waive your legal right, so go ahead and claim it, less what you have already had back. We all signed our t's & c's but they are unlawful which is why we are all here.

 

Go for it and good luck.

[nikkirose1]

Thanks guys. V reassuring to have some encouragement! I have printed off all the old statements I can, and have rung to request an older one I need, which they are apparently sending my free of charge, so we'll see whether that ever turns up.

 

I'm rather looking forward to the fight now I'm a bit surer of my ground, bring it on A&L!

[nikkirose1]

Update time - I have just received my first 'eff off' letter from A&L, referencing the OFT and trying to scare me off by saying the ruling doesn't apply to bank accounts. Having looked around the other threads it seems this is the new standard response they are giving out, so my letter before action will be in the post to them this afternoon. I'm only claiming £83 but I'm determined not to let them bully me!

[younganfree]

Hey there, Nikkirose.

Just thought I'd ask - have you got a parachute account opened yet?

A&L are being very quick off the mark in closing accounts these days, often not waiting til a claim has been settled. [see Holte41; Lady Penelope; and mcmade's threads.]

 

Good luck with the claim, btw. 8)

[nikkirose1]

Hi younganfree,

 

Thank you. Yes I have, had a look around other threads before I started and got the impression it might be a good idea to go elsewhere just in case. One thing I'm not sure of though, I also have a joint account at A&L with my flatmate, which we use for bills etc. It's not in any way involved in my claim, but might they close that one as well? Not sure if they would have the right to do this as it's not only in my name. Will be interesting to see how they handle this, do you know of anyone else who's experienced this situation?

[younganfree]

Hey, Nikkirose.

Not 100% sure of the facts myself, but I think I've seen it mentioned on the forum in several places that they can't touch unrelated accounts - only the account on which you are disputing the charges.

[caro]

Hi younganfree,

 

Thank you. Yes I have, had a look around other threads before I started and got the impression it might be a good idea to go elsewhere just in case. One thing I'm not sure of though, I also have a joint account at A&L with my flatmate, which we use for bills etc. It's not in any way involved in my claim, but might they close that one as well? Not sure if they would have the right to do this as it's not only in my name. Will be interesting to see how they handle this, do you know of anyone else who's experienced this situation?

 

I wouldn't like to be sure they wouldn't try and close this one too. Might be worth checking with your flatmate if she agrees to a parachute account for that. They can't touch loans or mortgages but I wouldn't be sure about a similar account.

[nikkirose1]

Have just received a second standard letter from A&L, this time saying they are sorry to learn of my disappointment with the service I've received, are looking into the situation and will be writing to me with a more detailed response. This one was actually signed, and dated 18th July, but the 14 days I originally gave them in my LBA is up tomorrow. So the thing to do is submit my Moneyclaim anyway, not to give them extra time to respond, is that right? The standard complaints procedure leaflet they enclosed says they'll respond within 28 days, but I know the forum advises this is just stalling tactics from them. Just wanted to double check it won't harm my case if I don't give them longer to respond before filing my claim. Thanks!

[caro]

You have given them a reasonable amount of time to respond so stick with your timetable. You are absolutely right.

[Lil]

Hi Nikkirose

Just checking on how you are doing. I'm about a week behind you so following your thread. I received the 'standard' letters after i sent my LBA (3 all the same! what a waste of paper) this morning. I am just waiting for the 14 days to be up so i can claim.

Good luck again!!

[nikkirose1]

Hi Lil, Thanks for your interest in my case, it's nice to know there are two of us doing it at the same time. I submitted my Moneyclaim online today - delayed it a few days from my 14 day deadline as I didn't want to risk the response coming in while I'm away on holiday next week. Have opened a parachute account and am already in the process of closing my A&L one (beat them to it, ha ha!), so now will just have to sit back with my fingers crossed and see what happens.

 

Good luck with your claim!!!! I will keep this thread updated so you can see what happens with mine.

 

Caro: thanks for the reassurance, a little encouragement makes all the difference when you're about to take the plunge and hesitating on the edge.

[caro]

No problems Nickirose. It's nice to be appreciated.

[nikkirose1]

Received my Notice of Issue from the court last night. My claim will be deemed as served on 7th August, and A&L have until 21st August to reply. Judging by ohter recent threads their reply will hopefully be a cheque, but you never know!

[Lil]

Hi nikkirose,

Could you let me know what you had to put in particulars of claim on the money claim silte please!! Sorry if i sound silly but i don't want to get this wrong!! Do i put in the list of charges with the 8% here?

 

Its ok, someone has helped me. I've now filed the claim..... GOOD LUCK!!!!

Hope u get your cq soon!!

[nikkirose1]

Hi. Got back from my hols this weekend to find the acknowledgement of service on my doormat, stating they intend to defend the claim in full. However, having checked a few of the threads announcing recent successes, it seems this is standard and hopefully the cheque will be next. 28 days from the 7th August are counting down....

[nikkirose1]

IT WORKED!! Hooray, I got home last night and there was a cheque on the mat for full settlement, of course not admitting liability but who cares. And for other people's reference, they didn't try to touch my joint account. Result, I am now off to donate to the site and fill in the survey. Good luck to all in progress, especially Lil. I'm so glad I did this, thanks to everyone who gave advice and encouragement. For anyone who's reading through the forum thinking about submitting a claim, go for it, you will win.

[caro]

Woohoo. Congratulalations Nikkirose.

[Lil]

WELL DONE!!!! I'm sooooo pleased for you. Its really encoraging and to think of the nervousness of starting this!!!

I'll keep my fingers crossed.........