Disgruntled of Cornwall VS A&L

[disgruntledofcornwall]

Well I had been holding off taking them on until the new guidance from Cox was out in the open.

 

I think that the bank will offer a goodwill settlement as the basis for claims is sound and they do not have the time or the money to defend properly.

 

I have my subject access request back and have filed a claim through the messaging service to test the waters, I have also faxed and posted the claim.

 

It is based on the new arguments. So far a test complaint using this method resulted in a £25 refund, which they NEVER did before, God knows I tried.

 

I also kept evidence of the constantly changing running totals and the reordering of payments they use to generate additional charges. The sums involved are less than £1000 to ensure fast track route.

 

I have a list of other banks I am going to try, this is the least amount I am owed. I was very unwell at one point which literally lead to over £10,000 in total charges accross my finances when I became disabled.

 

I hope to clear my debts entirely. Not going to give up so watch this space. I know their tactics and I am prepared to fight for years if that is what it takes.

 

I do wonder if there is an argument under the DDA though as well as my charges resulted directly from my disablity. Going to look at this as well.

 

Wish me luck!

[loz]

Good luck, I for one am looking forward to A+L getting their dues sooner rather than later

[disgruntledofcornwall]

Thanks Loz. Just read your thread and can see you are suffering with these idiots.

 

Well after being given the run around, they state they are looking into the claim, then I don't hear from them, threaten them with filing with the court, then they are "looking to resolve" etc. I have had a few £25 refunds, probably hoping I will go away, how wrong they are

 

So tomorrow I am filing my claim with contractural interest.

[disgruntledofcornwall]

OK, here's a question...as the od is "interest free" and I can't find a contractural rate of interest for exceeding the limit like other banks have, started me thinking about how to charge the APR.

 

What the bank does is charge £5 per day you are OD. As the contract is reciprocal, I think I should be able to charge the same.

 

Thing is, tried to calculate the apr based on £5 per day on one £25 charge. Per month this gives an APR, based on 150 in charges of....

 

 

109,000%!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

So...how do I express the contractural interest? At 150 per month based on the £5 a day or, er, at 109,000% compound interest and per charge or just the unit cost per day on all charges, i.e., £5 per day since the first charge flat rate.

 

I have to admit, even I am staggered!!! But at £150 per month for a £25 charge, that is what it works out to. I think I need to lie down....

[disgruntledofcornwall]

Still thinking about the interest issue.

 

Any thoughts?

[disgruntledofcornwall]

Still no thoughts on interest?

 

Well I had their reply today, 3rd one stating that they won't do anything, the supreme court ruled in their favour etc etc.

 

Suggested that I destroy my credit rating by referring myself to the managed accounts dept!

 

So, I have made every reasonable attempt, off to post the POC at the local court.

[disgruntledofcornwall]

Today, I found I have been charged £50 for a £2 overlimit...

 

The charges were applied instantly.

 

Under the banking code, section 5.5, there is a requirement for a 14 day pre notification period...

5.5 Before we deduct interest or charges for standard account services from your current or savings account, we will give you at least 14 days’ notice of how much we will deduct.

 

Any charge or interest that accumulates to the account, ie that is rolled up to be charged at the end of a particular period, should be pre-notified. This would generally include debit interest, and transactional charges. These are shown in Table 5 below as charges for standard account services.

 

‘Interest’ refers to interest deducted from the current or deposit account itself and not to payments made from the account in respect of interest due on another account.

 

The 14 days start from the date the notification is posted (whether by letter, statement notice or e-mail, etc.), not from the date the notification is received.

 

And the unfair trading laws apply specifically to this

 

Failing to honour commitments made in a code of conduct (can be a breach of this law)

 

7.11 The third category of commercial practices prohibited as misleading actions is those where:

• the trader has undertaken to be bound by a code of conduct (or code of practice), and indicates that he is bound by it in the commercial

practice,

and

• the trader fails to comply with a firm and verifiable commitment in

that code,

 

andOFT931 34

• the average consumer takes, or is likely to take, a different decisionas a result.

 

So there you go, one more weapon in the tank of justice.

 

I would like someone to help regarding the interest issue please?

 

Pretty please?

[disgruntledofcornwall]

The banking code was replaced in November 2009 with The Lending Code which has removed the above term!!!!

 

Hmm. So I am in two minds as to include it in my POC as it was the legislation at the time of the charges, however, it no longer seems to apply, though the fairness rule does.

 

Any thoughts on this?

 

Edited to add

 

Also now found some further information in the code replacement the bcobs

 

A firm must take reasonable steps to ensure that a communication or a

financial promotion is fair, clear and not misleading.

(2.2.1 on to 2.24)

 

The fair, clear and not misleading rule applies in a way that is appropriate and

proportionate taking into account the means of communication and the information

that it is intended to convey. So a communication addressed to a banking customer

who is not a consumer may not need to include the same information, or be presented

in the same way, as a communication addressed to a consumer.

 

The rules in ■ SYSC 3 (Systems and Controls) and ■ SYSC 4 (General organisational

requirements) require a firm to put in place systems and controls or policies and

procedures in order to comply with the rules in ■ COBS 4.6 (Past, simulated past and

future performance), ■ COBS 4.7.1 R (Direct offer financial promotions), ■ COBS 4.10

(Systems and controls and approving and communicating financial promotions) and

this chapter of BCOBS.

 

2.2.4 Section 397 (Misleading statements and practices) of the Act creates a criminal offence relating to certain misleading statements and practices.

 

"The Act" in this case being the interesting Financial Services and Marketing Act 2000

 

I think the above is binding on all banks now and may prove interesting in several ways that should by now be quite obvious. Think announcements....

Edited March 12, 2010 by disgruntledofcornwall
Additional information

[loz]

Hmm that's interesting... none of my banks have informed me of this new code, should they have? Fortunately my ongoing complaints relate to issues which occurred under the previous code

 

Loz

[disgruntledofcornwall]

Post arrived today.

 

I won. Offered 1 years charges back (so far!)

 

This unique approach is essentially an multi stage "entrapment" process so at this stage I have won the past years charges and "interest" back. It involves a staged approach where you make them give written statements to questions they would rather not answer for which they are, to put it politely, not able to tell the entire truth. Then present this in the end in court to gain something else back.....

 

They have just caught on and are ****ting themselves. They think I will go away now they have given me back 1 years worth, lol!

 

They have no idea what's coming next, watch this space.

 

Do not give up hope, you can do this. Not even had to go to court yet. I am not using template POC's.

 

I will share at the end of the process, which almost certainly will involve court for the final stage when I have tied them into so many knots they will have no chance. At all.

 

Working on next stage now.

 

Wahayyy!!!!!!!!!!!!!!!!!!!!

Edited March 22, 2010 by disgruntledofcornwall
added more info

[bsia666]

Hi Disgruntled,

I have had a quick look at your thread, I hope you keep it entertaining and get a satisfactory outcome.

 

I can't help with your interest question. You seem well versed in your arguements with the A&L so far though. I do hope you continue to give them the runaround.

 

A refreshing thread/story.

 

 

William.

[chubbas dad]

sweet. i like this.well done on the years charges and interest.good luck for the next stage.i have my case in court again soon.managed to get the strike out adjourned so i can enter new pocs.