I found out that A&L only keep statements to issue for a max of 6 1/2 years only So I am placing the burden on them to prove how much that is actually owed, and to prove it

Seems logical, but When my account was closed, it had an minus balance , it was in the overdraft facility But I have claimed back my charges, which was more than what I owed in the overdraft. I did not pay off the DCA, as that was not really in my best interest But now, I've decided to go for A&L again, and it may not stop there, it may also end up with a Compensation claim too, for sending me into Depression, due to excessive charges and also demands, which No one could expect to pay back in 14 days or even 28 days.

That is the point I'm banking on, That they will actually go ahead and present a case at court, which I am sure they will not. Another point, Is that now I won the first stage, the debt that I owed A&L, that was passed onto a DCA That was sold on for a fraction of the actual balance i.e Balance owed - £1000 DCA possibly paid £50 - £100 for it So if I take that to court, that the original debt should never of happened, cause of unlawful charges, then surely, I only owe what the DCA paid for the balance

Hi I'm having problems with these idiots too Here is my Final letter to Hutchinson 3G _____________ Consumer Credit Act 1974 And other offences Dear Sir / Madam As you are aware by my letter dated 21st July 2006, I have paid for a service from you, The Consumer Credit Act 1974, Where I have requested information about this account and enclosed a £1 Postal order to gain this information. As I have gathered from my latest statement from you, dated 17th August 2006, you have taken that £1 as payment towards this account, and again charged me for this Postal order payment a sum of £3. In the letter that I sent, I was clear enough that the £1 postal order was for the Consumer Credit act Request, and NOT for other use. You have failed to provide the information that I have requested, and until such time, this account is in dispute, and unenforceable. If NO positive reply is received from you, in 14 days (LETTER COMMUNICATION ONLY), I will let a judge decide on the best interest and also inform the Judge of the following 1. Harassment 2. Unable to abide by the Consumer Credit Act 1974 3. Data Protection Act Breaches 4. And of ALL other unlawful activity by your company. I am sure a Judge would love to see how Hutchinson 3G will not communicate by letter on any issue/s and that nothing ever seems to be written down by Hutchinson 3G. I will inform the Judge of all my correspondence in this matter, and also will be bringing a claim against Hutchinson 3G for Non communication via requested Media (POSTAL / LETTERS), and I will charge Hutchinson 3G a administration charge of £250 and all my costs involved in bringing this case to court Look forward to hear back from You BY POSTAL / Letter ONLY ___________________ Still waiting, had several phone calls, and only one provided me with her full name, others first name, no surnames These details are all building up a case against Hutchinson 3G I too would love to know others experiances with Hutchinson 3G And if anyone else has any suggestions

Thanks Caro for that info, it has given me the push I needed. Here is my LBA Letter for this Sent 30th Aug 2006 __________________ Letter Before Action Dear Jackie McGuirk Re your letter dated 25th August 2006. I take into account of your points raised, however, If my previous case was allowed to proceed all the way to the court as I had proposed, I would of set president of the fact that Alliance & Leicester had taken charges from customers unlawfully, and also proved that Alliance & Leicester had Deliberately / or otherwise concealed this very fact. Now certain of my facts and points of law, that all charges that Alliance & Leicester has levied against my now closed account, are in Fact Unlawful and Alliance & Leicester have concealed these facts and due to this, I am legally able to claim in regard to Section 32 (1) (b) of the Limitation Act 1980. As you are also aware, I will proceed further, and let a Judge decide. As you are aware, the regime of 'fees' which you have been applying to mine and many other customers accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. Again, I will draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I calculate that you have taken £2104:50, as of the above date the interest charged if this matter also went to court is £1404:43 @ 8% APR, Making a total of £3508:93. Note, this is an estimate figure. I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Yours faithfully, _____________ Like you said Caro, I do love a challange, and these at A&L are not having an easy ride with me,

Hi Livvy Please start your own thread in the relevent forum, that way, we can help you out, without diverting the attention of this thread away from K23d26

Hi Spearmint You can use any branch address, as the letter will be routed via the internal mail system, and will reach its destination As a Rule, I usually do send letters back to the last person who replied I did not need an SAR, so I just sent it to my local branch

Today, I received a reply back from this letter from the Solicitor who paid me out previously Here is her reply - ____________________ We refer to your fax addressed to Mr Boyes dated 23rd August in relation to bank charges pre-dating 2000. You have correctly highlighted that the limitation Act only allows recovery for a period of 6 years. You rely on Section 32 (1)(b), which extends the limitation period in certain circumstances. There have been no deliberate concealment, nor indeed any concealment, deliberate or otherwise of the charges added to your account and we fail to see therefore how this arguement can suceed. Whilst we have reimbursed your charges from 200 onwards, as we indicated in our letter this was not because we considered our charges to be unfair or unreasonable. Should you decide to pursue a claim for these charges we would ask you please mark this for the writers attention so that your claim is dealt with promptly. Yours sincerely Jackie McGuirk ______________________ All advise would be appreciated, and I am considering quite seriously at continuing this fight to the very end.

Update on this - Advise would be appreciated on what I can do next This is my Prelim letter, after finding out that they do not hold financial details past 6 and half years. ___________________ Dear M Boyes My request I am writing to ask you to refund to me the charges which you have levied from my account Since inception of account on 26th January 1996 to Charges levied up to 10th April 2000. I am claiming these charges back due to section 32 (1)(b) of the Limitation Act 1980, which states the following 32.-- (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either- (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake The regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. You concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £2104:50, As of the above date the interest charged if this matter also went to court is £1401:65 @ 8% APR, Making a total of £3506:15. This is of course an estimated value, and as you stated, you do not keep records past 6 ½ yrs, which unless I am proved wrong in my calculation, this is the full amount which I am claiming from YOU either directly or via the courts. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Give it a week or two, they will be in touch Yep, I'm back

What you are seeking now are the Charges that have been levied against your account in 6 yrs, thats From 22nd August 2000 to 22nd August 2006 Place each and every charge down on one of the spreadsheets, I recommend using the easy ones unless you wish to boggle your mind a bit Once you have that info, then its the Prelim Stage Remember Recorded Delivery

Update Now I have a court date its 12:30 on the 6th October 2006 Now I must deliver to the Court and Clydesdale copies of all my documents no later than 14 days before the hearing The original documents shall be brought to the hearing It also state that my statements must contain an account of the charges debited, why it is alleged they were disproptionate and / or a penalty and set out her case on UCTA the regulations The Claimenets statement(s) must set out their case in rebuttal Any Further info that I can use would be helpful Thanks

well as stated, Its court next

??????? You state only cashed your £10 Fee ?????? Now are we at the Data Protection Act - S.A.R - (Subject Access Request) stage or Prelim stage ?? They are different, The SAR / DPA stage is getting the information they have on you, including statements etc The prelim letter is after you have your statements and know how much you are claiming for. So what stage You at ??

Well they would do it to us - would'nt they ??

Well here is my Letter Before Action - Hope you like it ____________ FINAL WARNING LEGAL ACTION PROCEEDING Dear Sir/Madam, Re my letter dated 30th July 2006. As you have still not paid the bill for a letter that I have to physically collect from Ramsey, Cambridgeshire Post office. Unless payment is received by me within 14 days, I will have no other action than to proceed with Court Action against “Moorcroft Debt Recovery Limited” “Ways to Pay” Cheque, made payable to Mrs Sophie-Jane Lyon-Stopford Postal Order made payable to Mrs Sophie-Jane Lyon-Stopford “Ways to Avoid Legal Proceedings” Payment must be received within 14 days of this letter (Fax) I sincerely hope to hear back from you within 14 days of this letter, and payment attached, unless payment is attached, for £5:23, I will have no further action than to bring proceedings against you forthwith, and claim ALL Court fees and all other associated fees. Yours faithfully

They could simply ignore the letter But as the court proceedures are, It is deemed received 2 days after sending To be able to check that it is received, and you could check on line, then best by Recorded delivery But that is not 100%, I feel like around 95% are signed for, and the rest, I'm in the dark as to when they have actually received the letter, then I go on the 2 day rule

Ho Nothing as yet, and now its 7 days past payable Now final letter before action, Just as they would, but as pointed out previously, they would prob only give 7 days The LBA is being done quite soon, as many who know me, know that I've been in hospital, and now back, almost fighting fit, so lots to do

Hi all Just received a Statement from my old closed Alliance & Leicester Account, after a successful case that they settled On this statement Dated 4th Aug 2006 I have a Transaction showing the Following Date Description Money Out Money In Balance 22NOV £10 £1337.67OD 2 Dec PBAR WRITE-OFF TXN WRITE OFF (MATURE) £1337.67 £0 Current Statement Balance £0 So What I need to know is what PBAR WRITE-OFF TXN WRITE OFF (MATURE) means Does that also Mean the Equidebt cannot try and get the money, as on 2nd Dec that the Balance owed shows £0 All help appreciated

Thanks everyone for your wishes This is my Final Post for this period This is the reply I've sent off to Martineau Johnson If they do not reply back positively, I am prepaired to let a Judge decide, and That unless a Full and final unconditional settlement is made, their will be no further communication between Martineau Johnson or myself until court or earlier settlement in full Lets see if this rattles their cages ___________ Dear Sirs. In reference to your Email dated 11th August 2006. UNCONDITIONAL SETTLEMENT Or NO SETTLEMENT I note your points but wish to advise you once again that only full unconditional settlement will result in me withdrawing this claim may I also point out that interest is accruing at a daily rate of 17p. (The Amount owed by Lloyds at £815:16 as of 12th August 2006 and interest also charged at a daily rate of £0:17, until cleared into Account, Please allow 7 days for Receipt and Clearance) plus Court costs of £80, Total as of today £895:16. Like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. AGAIN I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realise and for you to say otherwise is an abusive deception .I will pass any more dis informative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points. Since you are already aware, that I will not be dealing with these issues over the next couple weeks, I will give you until the 27th to reply back, with a FULL UNCONDIONAL SETTLEMENT, If that is NOT forth coming, I will not communicate further with yourselves, I am prepared to let a Judge decide AT Court on what is the best solution. Hope to hear back from you with a POSITIVE Reply Yours faithfully,

Hey, Guess who may get it, If the new people who move in say you moved and hey here is your new phone number, as They will not want to be hassled at all hours by chasers You have to be prepaired to do something, Like Reporting them the relevent autorities

Thanks Paul Well once again, I'm going around in circles, Well it will not be settled until after I come home from Hospital, another £1:70 in interest to add on just there Here is their Reply (MY comments) _________________ Without Prejudice - Confidential and Privileged Dear Madam Thank you for your emails of yesterday. Please note that your letter of 10 August 2006 stated that, as at 8 August 2006, the amount of your claim stood at £814.47 plus interest at a daily rate of £0.17 and a Court fee of £80.00. As at 10 August 2006, the amount of your claim therefore stood at £894.81 and that is the sum that the Bank has offered to refund. (Ok that I want) However, we note your point in relation to the daily rate and we have attached an amended settlement letter which takes account of the ongoing accumulation of interest. (OK Fine) As to the request for you to attend an account review, we do not understand your reluctance to agree to have a meeting to discus your banking needs because the review is intended to be for your own benefit. It is even possible that the review can be done over the telephone and so we see no reason for you to refuse the Bank's request. Please contact the Branch today to arrange the necessary review. (Hey can I have some piece while recouperating, Wont be able to do much for a month, and no work for 3) We also do not understand your paragraph relating to the "imposition of confidentiality". The confidentiality clause that was included in the Bank's original offer of settlement on 25 July 2006 was a request not an imposition and has been removed from all subsequent offers. Your paragraph (which appears to have been copied from one of your earlier letters) is therefore entirely irrelevant. We can only assume that it has been included in your recent email by mistake. (Look at the top for this email again) We would stress that the attached letter sets out the Bank's final offer of settlement. The conditions of settlement contained within that letter are not open to negotiation because they are entirely reasonable and fair. Indeed, the Bank wishes to include these conditions simply so as to clarify the position on settlement and to make sure that you receive the benefit of an account review. (Hey NO Conditions, Isn't me taking Lloyds to Court)(I'll let the Judge decide Shall I) Please sign a copy of the attached letter and return it to us as soon as possible. As soon as we receive both a signed letter and confirmation from the Branch that you have attended an account review, we shall contact the Bank to arrange the necessary refund. (NO WAY - Until Unconditional) We look forward to hearing from you shortly. Yours faithfully _______________ I will reply back later today, This will be my final communication with all my financial institutions that Wish to deal with me, So A nice reply back would be Nice - So they can ponder over for 2 weeks, or court date Any suggestions are welcome, as at mo, my head is elsewhere, Do I leave it until after my operation, or shall I send a letter back Today ??? Thanks everyone for your wishes, I'm sure all will go well, and I'll be fighting fit again soon Sophie xx

Thanks Janet for the correction With this admission, my head is all over the place, so thats why I've decided to stop all correspondence on site, and all Snail mail, Email, PM etc that I receive from after 12 noon today, will not be read until I return back home, approx 2 weeks at the Very latest. Thanks to everyone and thank you all who have wished my the best etc, Thank you all See you around in 2 weeks

Thanks John and everyone Sent off last night, so may have a reply today via email I bet

Hi Sue Hold back, you can send the AQ at last moment, i.e 23rd if you hand deliver Seems that you solicitors are quicker than Janets and mine