Alliance & Leicester (merged)

Stephen_Leak

asterisk wrote: »

I too am chasing A & L for charges 436.50 plus as £86.41 interest -total amount of £522.91. They have offered £127.50 - what they claim is the difference between the amount of charges levied for unpaid items and if the charge had been £12 each time (ie the amount they claim the OFT indicated was not unreasonable). I was about to file a claim in the small claims court as per Martin's guidance but now am not so sure - A & L seem to be clamping down so should I just take the money and run?

My basic advice is the same as for the other poster. Obviously, if the offer is unaceptable, you do have to let the bank know, and then start the court claim.

The £12 charges are still "extravagantly" higher than the cost of automatically administering a late payment - this is just raising the charge, they don't even send a letter! - and are still therfore unlawful. The OFT only make recommendations, not the law. Your undecidedness is understandable, especially as it is exactly what the bank intended this offer to create. And of course the A&L are clamping down - all these claims are costing them money.

Russjo

Hi All,
Have you read the piece on the BBC website about how A&L have virtually admitted that it only costs about £4.50 for them to bounce a cheque?

Russjo

paulajessarchie wrote: »

Having Filed My Claim The Alliance And Leicester Have Responded Within 14 Days And Their Solicitor Has Written To Me With A Copy Of Their Defence. The Alliance Have Also Written To Me Enclosing A Cheque For £750, My Total Claim Was For £2100.00. To Cut A Long Story Short, They Say If I Accept This Offer As Settlement, My Account Will Continue To Run As Before. Does That Mean If I Don't They Will Close It???
My Partner And I Have Quite Poor Credit And I Know We Will Struggle To Open Another Account Anywhere ( Unless Someone Can Give Me Some Ideas From Their Own Experiences!! ), Should I Accept They're Offer And Play It Safe? Or Carry On To Claim The Full Amount??? What Happens Though Now They Have Decided To Defend It! Do I Contact The A&l With My Decision Or Go Through The Court In Some Way?? Out Of My Depth Now!!

Please Help, Desperate For Advice, Don't Know What To Do!!

Hiya,
My partner and I also have quite poor credit, so you're not alone there, and we managed to open an account with the Co-Op which took about 15 minutes over the phone. We get an electron card and the facilities for standing orders and direct debits. We'd been turned down in a few other places and this was my last resort and what a relief when they said yes. All the gumpf was with us within about a week.

As for the A&L's offer....£1350 is a big difference between what you are claiming and what they have offered you. Only you can decide whether or not to accept. I can understand you being scared. I'm not at that stage yet, but what I have done is continuously read through all the posts that I can so that I have an understanding of what I am doing and doing this, has given me a lot of confidence. Don't let them frighten you or they will have achieved what they set out to do...intimidate you and frighten you into backing down. Good Luck which ever way you travel and we're all routing for you

karinina

paulajessarchie, it is a hard decision to make and I know(see my previous post) when i decided to accept the offer they offered me(also substantially lower than claimed, but higher proportionally than your offer) I found it a really hard decision to make. For me, i couldn't take it any further as it's a bad time work-wise...but i will be rooting for all of you who decide to go the whole way. Good Luck, will be following your progress.

paul_d_8

Yeah GOOD LUCK everyone. The first £1,000 + cases with A&L seem to to May 24th onwards. Wish I was one of them. Good luck all you end of Mayers!!

That judge on the BBC report suggested that he would consider accepting costs against non-showing banks in the future. My advice would be to prepare a schedule of associated costs such as postage, special delivery, inkjet cartridge, % of phone bill, time spent (at say £15 per hour - cheap for a legal defence) etc etc. If the defence aren't around, and a claimant wins, AND is feeling confident, wait until the judge has said his bit, then say something like:

... My I respectfully request that the court on this occasion allows additional costs to be claimed against the defendant. I have tried to keep this case out of court, mindful of the huge amount of work currently undertaken by the courts on similar cases. I believe that it was always the intention that !*?!*! bank would not turn up, and as such I consider it a total waste of time and resources to both the legal system and myself.

I am aware that judges recently have awarded costs in similar cases, and I feel that for the reasons stated, they should be due in this case"

The views of this post are offered on an informal basis. Consult a qualified professional if in any doubt

Amethyst30

Robclinton1 wrote: »

Sorry cant find it on CAG site now, may have been here or penalty charges site, sorry, but i can mail it to you if you want .... send me your mail addy and ill do it, unless someone can give you the link.

My file on PC definitely says CAG though!!

My email address is illuminati503@hotmail.co.uk, thanks so much for this. I can't afford a solicitor and no win no fee companies take 20%, I'm a single mum and I'm nervous as hell about having to turn up to court

sixxdog_UK

HI Guys,

This may help those of us in court at the end of may , if the A&L don't turn up you may be eligible for compensation for lost time and wasted effort.

Hope this helps.

http://www.metro.co.uk/money/article.html?in_article_id=49002&in_page_id=36

Good Luck Guys , keep the faith

Sixx



Judge blasts 'evasive' banks over fees
Monday, May 14, 2007
Bank fees

Banks which put pressure on customers trying to reclaim 'unfair' penalty charges could face damages for their behaviour, a judge has warned.

Some banks were wasting customers' and courts' time with evasive tactics, said Judge David Mackie QC.

Hundreds of cases have been lodged by angry account-holders trying to reclaim excessive charges for unauthorised overdrafts and credit card borrowing.

But no claim has reached court because banks usually settle just before hearings are due to start.

Other tactics include not responding to letters, failing to negotiate for months and not turning to at court.

Judge Mackie was speaking at the London Mercantile Court, which has processed about 300 claims for refunds of allegedly unlawful charges this year.

He said: 'Looked at in the real world, where there will be no trial, these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour.

'From now on, we will generally treat such conduct as unreasonable behaviour, thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this.'

His comments come amid growing anger at bank charges, which can be as high as £39 for exceeding an overdraft and are being investigated by the Office of Fair Trading.

Barrister Tom Brennan is one customer trying to sue NatWest bank over fees that he claims are 'egregiously invidious'.

But Brian Capon, of the British Bankers' Association, defended its members, saying they were confident their fees were legal.

'They take the court process very seriously,' he added.

sixxdog_UK

Russjo wrote: »

Hiya,
My partner and I also have quite poor credit, so you're not alone there, and we managed to open an account with the Co-Op which took about 15 minutes over the phone. We get an electron card and the facilities for standing orders and direct debits. We'd been turned down in a few other places and this was my last resort and what a relief when they said yes. All the gumpf was with us within about a week.

As for the A&L's offer....£1350 is a big difference between what you are claiming and what they have offered you. Only you can decide whether or not to accept. I can understand you being scared. I'm not at that stage yet, but what I have done is continuously read through all the posts that I can so that I have an understanding of what I am doing and doing this, has given me a lot of confidence. Don't let them frighten you or they will have achieved what they set out to do...intimidate you and frighten you into backing down. Good Luck which ever way you travel and we're all routing for you

Hi Guys,

I have a terrible credit rating , and managed to set up a basic cardcash account with llyods tsb.

So dont stress set up your account then push the A&L all the way.

Nice one guys , stay cool.

Sixx

sixxdog_UK

Robclinton1 wrote: »

Sorry cant find it on CAG site now, may have been here or penalty charges site, sorry, but i can mail it to you if you want .... send me your mail addy and ill do it, unless someone can give you the link.

My file on PC definitely says CAG though!!

Hi Rob,

Any chance you could email me a copy as well please mate , I've just got notification of transfer to Leicester County Court.

About time , as i want my day in court hehe well , sitting waiting for the court to declare A&L a no show.

my email address is sixx_dawg_uk@hotmail.com

Thanks in advance. :beer:

Sixx

seboyle20

Hi Sixxdog - do you think i could copy that article and email A&L's solicitors?? I am in court 24th May - do you think this would give them a nudge??

Sarah