Alliance & Leicester (merged)

sjcjd

I have been charged probably a few thousand over the last 6 yrs banking with A&L, but I have been reluctant to move banks as it is so convenient to use and basically I have been scared to do it as I have tried to open a couple of accounts with other banks but been turned down.

I read somewhere that A&L have had a court case against them that they cannot close your account, if this is the case shall I throw caution to the wind and "go for it" and just hope they dont close my account?

Any advice would be appreciated.

Sarah

nicky2805

Hi, followed the site for a while but never posted.

The story so far.... have taken A&L to court via MCOL (issued 9th July 2007 and served 14th July 2007) for £900 + costs + interest. Wragges have replied with their standard defence letter.

In the meantime I received a letter from A&L offering £564. I rang them to say I would not be accepting their offer and would they increase their offer on 17th July and their reply was a letter had been sent out to me increasing their offer to full settlement of £1014.12. Having not received the letter and 2 phone calls later, reiterating their offer i receive exactly the same letter 5 days later offering the same £564.

I have now received 3 letters in total offering £564 dated 13th July, 16th July and 25th July!! Every time i call they say a letter has been sent out offering the full amount!

I called A&L today and they suggested I return the letter, cross out the amount offered and write in the amount i was claiming and would settle for, return it signed and they would act on it.

Are they stalling for time due to the OFT test case?? Should I accept this offer of £564 as i think i will have problems proving their verbal offer? Or do you think I should hold out for the full amount. Will this case be suspended or because A & L are not involved in the test case are they not applicable??

Anyone else had this problem?

georgecrow

alliance and leicester have definitely stalled with me ,every single letter theyve actually sent me has been 4- 6 weeks after the 14 day deadline.i went through my mcol claim which was issued thursday morning before all this kicked off and now it says this n the site:
Test Case - Unauthorised overdraft charges - update

What is happening?

On 27th July, the Office of Fair Trading (OFT) and eight UK current account providers started a court case to decide on the legality of unauthorised overdraft charges.
The case is being called a 'test case' because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.
Whilst Alliance & Leicester plc is not one of the current account providers directly participating in the test case, this is an issue where our customers, as well as the entire financial services industry would welcome legal clarity. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.
What will happen to customer requests for charges to be refunded?

Customers who feel they have been asked to pay fees in error should still contact us and their request for a refund will be handled in our normal way.


What will happen to customer complaints about the level, fairness or legality of unauthorised overdraft charges?
We will not be resolving customer complaints on the level, fairness or legality of unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.
Why are you allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

Like every other bank, we applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect a customer's rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk
All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint.
Can I make a court claim for a refund during the test case?

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.
Can I complain to the Financial Ombudsman Service about my bank charges?

The Financial Ombudsman Service (FOS) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that.
What if I have already been made an offer?

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint.
I have already accepted an offer from you. Will my claim be revisited?

If you have accepted a 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful.
How long will the test case take?

At this time it is too soon to give any exact timescale's for a conclusion to the test case but it could go for more than a year. The announcements from the OFT and FSA indicate all parties have agreed to conduct the test case in an efficient, prompt and orderly way.




i dont feel its fair that if they arent directly involved in the court they have the right to suspend everything ,its not fair to the people trying to claim from the involved banks either and the way theyve delayed the letters far exceeding the legal limit you cant help but winder if they knew this was coming

biffbiff

Hi sorry for posting this here as i do not know who to start a new thread can any one guide me to open a new thread ?
I do think this is unfair for those who have been waiting months i have been claiming back my charges since Feb 07 have been at court and now have to go back in Sept 07 also i was offered a very low amount for which i refused all these months waiting for a&l to settle but now i very much dout if i will get them now I DO THINK ANYONE WHO HAS STARTED THERE CLAIM SHOULD BE ALOUD TO CARRY ON WITH IT AND THE BANKS COULD NOT TAKE ANY MORE UNTIL THE COURT HAS DECIDED WHAT TO DO .
I do wish i could start a new thread for this but as i said i don't know how to
Hope someone can help me out with this.

Nadirish

Just a quick update, i have my prelimary hearing tomoz and i have just called the court and they have said business as usual it is going ahead, i wonder what they will say tomo?!

loopylara

Hello - Please help. I am petrified by the resent announcement. I have all ready started court action against two banks.

Alliance and Leicester's solicitor have contacted me with their defence. It is 6 pages long and baffling. They do however state that 'The charges are administrative fees levied by agreement in the circumstances set out, and not charged by way of damages for breach of contract.

I want to have a response to this ready incase it goes to court, but I don't really know what to say? Surely if they can prove that these charges weren't penalties, then i don't have a leg to stand on. Please can someone advise me, I am not very good with things like this. I need someone to give me a confidence boost and point me in the right direction.

Many Thanks
Lara. :mad:

Stokey125

If they are administrative fees then they cannot exceed the cost of carrying out the work as they must reflect the reasonable cost of carrying out the admiinstrative work to which they relate. AM I missing something. It is interesting that A & L are not seeking to argue that it is a fee for a service.

crusoe101

Dont worry about the A&L one, they sent me the same letter with an intent to defend but never bothered to enter it to the courts. I hear this is common

loopylara

So I one instance, the account was 47pence overdrawn, and their 'Administive costs' totalled £50. Surely this must be wrong.

Also - if they don't submit this to the court, what shall i do? Do I send them a letter back, or just wait? Does this new announcement 'thingy' mean I am not going to receive anything back, or shall I keep trying?

Thanks for your time.
Lara

Stokey125

If they are stupid enough not to file the defence within the 14 days allowed after acknowledging the claim then apply for judgment in default.