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younganfree

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Everything posted by younganfree

  1. Well done, junklunacy, u got there in the end. Just the loose ends to tie up - the letter to the court - then you can enjoy the satisfaction of winning.
  2. Hi, wsm36, that's some bad luck you've had. Before you go to the ombudsman, you'll have to write to A&L and exhaust their complaints procedure first. Hope you get a replacement account opened without any more hassle. Any probs or queries, just give us yell.
  3. It's usually after they've paid out that they close the current account, kerrianne, but it has been known to happen sooner! If they called in your loan in retaliation, you would defo have grounds to complain - first to A&L themselves, then when that avenue was exhausted you could go to the ombudsman.
  4. It's 40 calendar days, thio, regardless of bank hols!
  5. Think there's a form the court can give you to fill in, Sorcerer.
  6. I think chain chick pushed for out-of-time charges, have a look at her thread, it may help. Depends on what hassle you want to go through for a tenner, I suppose.
  7. I'm gonna back down on this one hagenuk, not cos I think I'm wrong or you're right, but because I don't like confrontation. I'm feeling a bit like an ant to your giant, and I don't like the feeling. One last comment though - I can see why the Scottish courts may have gone this route, it takes a lot of cases to claim back the equivalent of the £5000 we can access in England. But perhaps the English judges can see (albeit for the time being) that we are not being 'vexatious', simply trying to right the wrong of the unlawful bank charges that have accrued over the years and, (for what may be a minority of the cases whose claim amounts to more than £5000), taking the cautious route of making two smaller claims is protecting ourselves from being out of pocket by £750 if things go a***-up? As I say, I'm backing down now. Arguement on the floor, stepping away from it. Cheers dude.
  8. Bear in mind, Kate, that if the people who think further claims will be barred in future are correct, you will be losing that final £1000 of your claim.
  9. Hi again, givvynarna. By all means complain if they close your account. First complain to A&L themselves, follow their procedure to the limit, get a letter of Final Decision, then you can take it to the FOS. As I said to you before, you will have to start court proceedings before they'll pay you back, but you will not have to end up in one as they only use it as a ruse to see if you are serious enough to go the whole way. They presumably have a lot of success in scaring people off. Keep reading and keep posting, good luck ,(you shouldn't need it!).
  10. If they did this it could certainly be deemed retaliatory and frowned upon by the financial industry. You would certainly have grounds for complaint; first to A&L themselves - you would have to exhaust this route first and obtain a letter of Final Decision, then you would be able to complain to the FOS (ombudsman). However, no need to get ahead of yourself, poppycock. It hasn't happened yet, and it may not happen as the accounts aren't linked. But if it does, at least you know you can put the case into dispute, and needn't let them walk all over you. Keep us informed, and yell for help if you need it!
  11. Last time I stuck my head above the parapet on this one Kate, I got shot at, big time; but your need for a reply is more important than my fear of being used for shooting practice, so here goes! There are two ways of looking at it: 1. Claim the whole lot in one. Bad news - you'd have to pay costs if for any reason you lost; good news - the advocators of this route will say it's unlikely to happen. 2. You split the claim, in effect claiming twice. You would claim for the 1st £5000 worth of bank charges, (total would not include the interest you apply for or the court fees you want back), then when that claim was settled, you'd start a 2nd claim for the last few. If it were my claim, (and I stress this is only my opinion), I'd go the 2nd route. This has been done successfully before. I am also very cautious by nature, so this is why I'd take this tack, as well as not wanting to risk being out of pocket by £750 costs if I lost the case. I should tell you that there is growing speculation that banks may soon begin asking the courts to throw out further claims as the claimants are being 'vexatious'. Those who follow this idea qoute what is happening in Scotland at the moment. However, as our Scottish counterparts can only claim £750 at a go they have to make a h*** of a lot more claims to get back £5000, so the two aren't really comparable. (But that's only IMO and not to say it won't happen; but I have read a thread where one bank tried it recently and the judge poo-pooed the idea, so safe-ish at the moment.) Don't let me persuade you one way or the other, Kate. Perhaps I shouldn't have said which way I'd go, but then my doing that leaves it open to anyone else who wishes to argue for the other route, so perhaps I won't indulge in guilt after all! I think I've laid out the facts for you, as fairly as is possible to do. As always, though, the final decision will be down to you, as it's your claim. You still have plenty of time to ponder on how you wish to proceed, and to ask for more advice if you wish to. GOOD LUCK.
  12. Hi, givvynarna. The threads don't only 'suggest' court is the only way - they spell it out that it IS the only way! A&L stated last year that they'd pay back the charges of any customer who took them to court, but would then close their accounts as they did not accept the terms & conditions. So consider yourself duly warned that you'll need a parachute account opened before you go much further. Start yourself a NEW THREAD so you can keep us informed on your progress, or ask for help/encouragement if needed.
  13. Going on past performance, yvette18, this means they are going to close your account. Sorry.
  14. Must admit I get a bit confused with all the initials. I think (?) OFT is Office of Fair Trading; FOS - Financial Ombudsman Service; and FSA - Financial Services Authority (but I wouldn't like to bet that I've got any of them totally correct!). Having said that, I'm still not sure any of them can really help you get your money back. If they could, everyone would be using them instead of going through the hassle of court. Best of luck though, as we all have to do what we think is best for us. And any mischief you can cause A&L in the process is worth the effort, hey?
  15. Just noticed a post by Lips37, in the A&L forum saying s/he has just started a 6th claim against them. What about that? And just to the left of us here is an advert for 'Small Claims Kit', which states "Sue your bank as often as you like...". Would you call this misrepresentative advertising?
  16. It's my belief that you CAN make your claim thru English courts, citing the NARBOROUGH address as this is where their head office is situated. Not sure where you've heard that the OFT will help. Not reliable info, IMO. 8)
  17. Not quite sure what you are asking about moneyclaim, lesh45, but if it simplifies things you either make your claim by moneyclaim online (sometimes referred to as MCOL) or in person at your local court. Hope this helps.
  18. You seem to've been quite happy holding a conversation with yourself, andy206uk, but thought I'd pop in anyway to say congrats & I hope your wedding goes well! 8)
  19. No sample letter, kev, but I have seen advice on one of the threads that the complaint you make to A&L should just reflect your opinion of the situation, (keep it clean dude!). Once you have exhausted A&L's complaints procedure, you can then complain to the big bods at the FOS.
  20. Best advice anyone can give, babyonlyne, is to spend a good few hours reading some of the threads on here. You will find you're not alone, which is comforting in itself. You'll also see how the whole A&L claim thing pans out - what to expect (although you're practically at the finishing line now!). This should have the desired nerve-calming effect. Feel free to ask for more support, as and when needed. 8)
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