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banofi

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Everything posted by banofi

  1. A&L not closing my account now, I just spoke to them and they were actually almost nice... just got to sort out this business with the cheque charges now! New year new start me thinks!
  2. I got a natwest basic account a few years ago, started with a Solo card (useless as no-one takes them), then switched to Alliance and leicester basic account a year ago. Started with a horrid Visa Electron, but they let me have a normal visa after a few months. Unfortunately now need to find another basic account...!
  3. Had an ongoing complaint with A&L as I've been overdrawn without an overdraft a few times these last few months, mainly due to their charges! I've been doing some overtime and even took out payday loans (6 months ago, I've still not repaid them), but finding it hard to catch up. Recently I asked them to stop a cheque so i could clear some charges, but they cancelled the wrong cheque. I didn't have the cheque number at the time but I told them that. They guesssed the cheque no and went ahead, then charged me again when it bounced. They don't accept any responsibility for it. Am in the process of complaining to them about that. So now I'm £80 overdrawn, I get paid on 23rd, and they wrote me a letter saying that as I've not cleared my overdraft since October 14th (weird, I've been paid twice since then) and they are prepared to put my charges on hold until the test case is complete, they are closing my account with only 14 days notice!! Can they do this? This is a bad time for it obviously, and because I'm on a debt management plan it's hard to get another bank account! i don't know what to do.
  4. My court ordered judgment on my claim, to which the bank successfully applied for judgment to be set aside. I had previously written to the court about my financial hardship. So it seems the courts aren't necessarily considering financial hardship. Although i may keep trying!!
  5. you should point out in that letter that you are suffering from financial hardship and therefore the bank has a duty under the FSA waiver agreement to process your claim. Anywhere I can copy & quote the waiver agreement in my letter to Alliance & Leicester? They already refused to pay out even though I sent them details of my debt management plan and filled out an income & expenditure form.
  6. Quick catch-up... I eventually persuaded the court that i couldn't afford the £250 fee so they asked me to pay £50. I wrote to the court explaining that I am on a debt management plan and wish for the court to consider the claim even though the banks' case is in the high court. The bank had until 3rd Dec to pay up or defend, and they didn't do either. Due to no response from the bank I filed for judgment, which the court granted on December 6th, they ordered the bank to pay me immediately. Nationwide then wrote to the court on Jan 22nd to say they hadn't received the original claim! Probably a complete lie. They had a hearing on 14th Feb to apply for judgment to be set aside. I sent a third party debt order to the court to enforce the payment on 12th Feb, which I paid £55 for. The judge has now set aside the judgment from 6th Dec. They asked the bank to file and serve its defense by 21st Feb. My application for third party debt order has been dismissed. No reason was given!! I'm so angry now, i thought maybe the court was giving consideration to my financial hardship, but that has all been blown out of the window now. Not sure where to go from here now. Any more avenues i could take instead of waiting for the test case to finish? I thought judgment meant judgment!!!
  7. I finally won after threatening court etc. After July it became nearly impossible, until I sent A&L copies of my debt management plan, income & expenditure, etc and asked them to reconsider my claim on an individual basis. They repaid me immediately - £557!!
  8. I wrote one last letter to the bank saying that I had put my court bundle together. I asked them to reconsider my claim on an "individual basis" and not on the basis of charges being unlawful. I attached copies of my financial statement which includes details of my debt management plan, listing my creditors, monthly outgoings and income & expenditure. I explained that the charges were detrimental to my debt management plan. They refunded me immediately - £557!!! Hoorah!!! of course it's all gone on bills though...... :-0
  9. Sent my letter before action for £311. Received reply today mentioning the high court test case, and that although A&L are "not one of the banks in the test case [they] have asked the FSA to suspend the normal timetable for dealing with complaints about charges... the FSA has agreed to this request subject to conditions that protect your rights." Pah! protecting my rights? I should have the right to claim whilst the test case is going on! "Similarly, you should be aware that if you choose to issue a claim in the County Courts, we intend to apply to the Court for an order to stay your action until resolution of the legal proceedings with the OFT." I intend to try anyway and ask to remove the stay. Surely it is up to the court. "The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it." I would say that taking my money is an adverse affect! So why freeze all claims until then?!?! I will put a court claim in and see what happens. Am also on a debt management plan so will use this to support my case. Wish me luck!!
  10. Just completing the claim form, do i use the registered address they use on the bottom of their letters? (ie Pipers Way, swindon SN38 1NW). Also - any thoughts on the £5k claim anyone????? Thanks!
  11. Has anyone claimed more than £5k with nationwide??
  12. Right, it's taken me a while to get the court fee, but am now about to submit the claim. It totals £5792.29 (including the 8% on interest and 8% on penalties). Shall i submit it as per the small claims method, and ask that they consider it go through the small claims court? The actual fees and interets without the 8% total £4670.89. Or is there a template for claims bigger than £5k?
  13. At last..... I've WON!!!! Got a letter through on Friday 1st saying they'd refunded £1513.01 into my bank account. Such a relief as i thought I was going to court on Monday. Letter stated usual gumpf about not admitting liability. onwards with more court claims now....!!
  14. Ok it's getting a bit late for me now, but I'll be logging on tomorrow evening. Any help / support is much appreciated! Only a week and a half away now!!
  15. Hi, i just re-read it and it is actually a prelim hearing. It just basically says, notice of allocation to small claims track, prelim hearing on 4th june will last approx 20 minutes, nothing else mentioned. Didn't realise it was only a prelim hearing, although i guess they may settle then if i am lucky!!
  16. I sent the draft direction order plus the AC. All as above basically. Have I missed anything??
  17. My court date is coming up soon (June 4th) and I have not heard anything from the court or from lloyds. is there anything I need to do now or just wait? I was not asked for the 40-page document etc. The date of the notice I received for the case to be allocated to the small claims track is 21st March.
  18. Thought I'd drop this under Lloyds as it's the same people. I had an Accucard years ago, no longer have the account details. Lloyds didn't reply to the initial 40 dpa, so I wrote them a LBA to which they replied that they had already sent me my statements and they "must have got lost". Yeah right. Am worried now in case my statements went to a different address!! So today I got a bunch of copy statements.... for a DIFFERENT credit card!!! So they still haven't complied with the DPA. I wrote and explained that I no longer had my account number but surely they can find me in the system! Especially as I had other acounts with them. Not sure what to do next... Ombudsman??
  19. I'm not surprised there's lots of traffic. That's a good thing though! Have PM'd a Mod now thanks. Written to court and bank to confirm win, about to find the survey.... Cheers!!
  20. Whilst I'm here - I can't seem to edit my signature any more. The "Edit signature" header on the left of the User CP page has gone, and I can't find anything under Edit profile either. Also - how can I edit my thread title, eg when i win a claim??
  21. Hmm wish I could enjoy it - it's all gone to my maintenance company! Oh well, one less headache. Will donate as soon as I can though, I have more claims ongoing! Thanks for all your help!!!
  22. I've won!!! £1177 paid out on 26th February. VERY pleased!!
  23. They've written back and refused again. Time for MCOL!
  24. banofi

    Banofi v Egg

    I've won! They wrote to me offering me the full £133.03. but they sent me the standard letter about paying it into my account (i closed my account with them over a year ago!), and that they are going to close my account (what account?!?!). ha ha..... NEXT!!
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