Alliance & Leicester (merged)

paul_d_8

Mimi

I may be a little bit stupid or something, but ive been round and round all recharging sites, including your links for T&Cs from Feb 2001 and anywhere near Jan 2007. Finally got somewhere Feb 2001 but struggling for later ones. The archive sites dont work properly and most links are duffs.

Could you please send me one near to Jan 2007?

Thanks

basser_2

I think i will need some help here please...

I took a&l to the small claims court, they never acknowledged the courts papers or entered a defence.
i got a judgement in default through the mcol but have not started a warrant as i figured i would give them 21 days to pay up.
the 21 days are up....
i have recieved and kept safe an email, stating they will pay me in full within 5 days(this was sent to me 3 days after the judgement).
now they have sent me numerous emails stalling the process and finally yesterday an email saying the case was in the hands of their legal department.

Where do i stand...as they promised me by email that they were going to pay me withinin 5 days????

Robclinton1

Hi all

The Disctrict Judge in my case has ordered that I have to do the following:

It is ordered that:
This claim is allocated to the Small Claims Track

• The Claimant shall by 17-Aug-07 file and serve

(a)A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;
(b)Copies of any statement or other document relied upon as showing that each and every such charge has been made;
(c)A statement of the Claimant’s own evidence, if such is ti be relied upon as tending to show that the alleged charges have been made, or that they are recoverable as penalties.

I am about to send my court bundle in response, but before I do am I right in thinking -

a - This is my charge spreadsheet.
b - This is copies of statements.
c - I am assuming this is some sort of witness statement. This is the bit i'm concerned about. I have so far written the below. Is this sufficient? All answers greatly appreciated.


In the ******* County Court claim No: *****

<O:p</O:p

*****

CLAIMANT<O:p></O:p>

-AND-

Alliance & Leicester PLC<O:p></O:p>

DEFENDANT<O:p></O:p>

WITNESS STATEMENTOF *****

I, ****************, will say as follows:-

1.I am the CLAIMANT is this case.
2. I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges
3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.
4. 01 March 2007 I wrote to the Defendant requesting a refund of charges.
5. On 11 March 2007 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.
6. On 17 April 2007 I filed with <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:Street w:st=[/IMG]<st1:address w:st="on">Northampton County Court</st1:address></st1:Street>, via HMCS Money Claim Online service, a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.
7. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.
8. The Claimant contends that:-
a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.
9. Accordingly the Claimant claims:
i. The return of the amounts debited in respect of charges in the sum of £1,343.00
ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).
iii. Interest of £253.48 (as at 11.03.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

Statement of Truth
I believe the facts stated within this Witness Statement to be true.

Dated 11 August 2007

****



Thanks again

Rob<O:p></O:p>

ccscwim

Regarding 'Got there' First Direct were very co-operative from start to finish. and whilst both amounts were reduced by approximately £300 each I have settled for a combined figure in excess of £3200! This is all thanks to the advice given on this site and on television.
However I have a new battle to wage on behalf of my daughter, who banks with Alliance & Leicester but has very little credits into the account. Charges are added consistently by A & L, when in fact the facility to either withdraw money or pay a dd should have been denied, because there is no overdraft facility on this account (and never has been). In some instances the charges are applied on the same date that money is paid in rather than at the end of the banking day. The charges amounts to in excess of £500 which I am pursuing on her behalf but which to advise others who bank with A & L of their policy to allow withdrawals when no overdraft facility exists. And then quite happily charge you for that privilege!

j0s3

I received a reply to my letter asking for my failed dd's and overdrawn charges back from the A&L, and they sent me a letter outlining the OFT case, claiming that they too have been allowed to put everything on hold until the hearing.

Now, I read Martin's thread on the OFT case, and as I understand it, the A&L is not one of the banks involved.

I'm just checking out whether the A&L are blagging me or whether this is legit.

Thanks for any advise you can offer

Stokey125

j0s3 wrote: »

I received a reply to my letter asking for my failed dd's and overdrawn charges back from the A&L, and they sent me a letter outlining the OFT case, claiming that they too have been allowed to put everything on hold until the hearing.

Now, I read Martin's thread on the OFT case, and as I understand it, the A&L is not one of the banks involved.

I'm just checking out whether the A&L are blagging me or whether this is legit.

Thanks for any advise you can offer

Whether or not they have as I suspect they have bene given a waiver from the FSA it does not prevent you from taking couirt action. If you have not already done so write back telling them that if they do not pay up in 14 days you wil take them to court. I would advise using the template letter rather than my words though.

candles_3

i got the same letter, and they are not one of the banks involved.
Ive already sent that letter that i was taking them to court if they dont pay up within 14 days, then i recived the same letter. Advising me that they dont have to deal with anything untill after the test case.

what do you suggest i do now?

Stokey125

candles wrote: »

i got the same letter, and they are not one of the banks involved.
Ive already sent that letter that i was taking them to court if they dont pay up within 14 days, then i recived the same letter. Advising me that they dont have to deal with anything untill after the test case.

what do you suggest i do now?

Depending on the age of the chrages that is to say are they close to being 6 years old or not either issue now if they are nearly 6 years old or if you can wait until next year for the decision from the High Court

fungums_2

hello all,
my first post here, so please be gentle with me.
im here to reclaim the ludicrous amount of money that alliance and leicester have pilfered from our account.
Me and my OH have only had the account for just over three years. as he is a self employed plasterer, it is sometimes a case of famine or feast in this household, pity that our bank doesn't understand that!
somebody told me about sending of a subject access request. ive done this, and it arrived yesterday. i got a highlighter pen from asda and sat down this afternoon to do the sums, it seems that since june 04 they have taken just over 6.5K from us.
so what are our next actions?
by the way my user name is from some sweet wrappers in front of me on the desk, not an indication of any hobbies i may have.;)

j0s3

my charges are months old.

what i'd like to know (and i presume candles too) is whether the A&L
can legitimate say this, even though they are not one of the banks
involved in the OFT 'freeze'?

A&L claim that they have been granted this by the OFT - this is what's
the causing the confusion here:

are they lying (can they lie about something like this?)

attacking them with a letter telling them I know they're not
one of the banks involved doesn't really prove anything, since
that's not what they're claiming directly. they're sayign that
the OFT has grated them this privilege of placing everything
on hold.

I am ignorant when it comes to how banks and the OFT work -
is this 'freeze' only granted to the banks involved in the case and
nobody else? or could they have granted this to the A&L also?

many thanks for your feedback (and your patience) so far -
i'm hoping that I can work out my next move from what I learn here

jose