Anyone claimed over 6 years with A&L yet?

[redsue]

Hi everyone

After a great deal of success with some other organisations, we'd really like to have a go at A&L who did make our lives a misery some years ago.

I had an account with them since I was 18 up until about 1998 and they must have taken a few quid from us. I know the legalities about claiming pre 6 years regarding concealment and just wondered if anybody had any tips regarding A&L and how they operate with regards to reclaiming.

any help you could offer would be great

[redsue]

bump:)

[Guest Battleaxe]

redsue,

 

I have already started the procedure to claim back beyond six years with A & L. Sent off the SAR about two weeks ago, so if they run true to form I wont hear from them before the middle of January, but it is worth a try.

[redsue]

well Battleaxe my mum always used to say

"if you don't ask, you don't get"

I'm in the process of finishing off a few other claims and want to tackle this one without any distractions - good luck with your other claims

[Guest Battleaxe]

We can keep each other company on this road of claiming back further than six years Red Sue. I am certainly not finished with A & L in any way shape or form.

[ampersand]

We can keep each other company on this road of claiming back further than six years Red Sue. I am certainly not finished with A & L in any way shape or form.

It's just that A&L keep trying to be finished with us.

Or finish us off.

Trouble is, £75 offered against over £2000 claimed isn't very enticing.

[redsue]

bump, battleaxe have you had any joy from A&L?

I am toying with the idea at the moment of sending my SARs but they closed the account down on us back in Dec 1998 again due to horrendous charges spiralling out of control.

I know they will simply say they don't keep information going back that far - however I'm sure somewhere on this site - it maybe one of your own threads - you sent someone a letter asking them for info regarding destroying old records. when, how and who by etc...

If you could point me in the right direction I'd be really grateful

[maranatha]

I send a SAR to a+L and got just over 6 years statements.

They say the earlier ones were destroyed.

 

 

I'm going after 6 years payments but keeping my options open.

I cannot find out whether a+l keep fiche copies

 

Regards

maranatha

[Guest Battleaxe]

A & L must be choking as I sent off my prelim on the 25th January and as they said they didn't have any records beyond 6.5 years I just claimed my overdraft for that period and hit it with ciontractual interest then loaded on from March 2000 to October 2000 and then added the charges for November/December and January 2006/07 gfro good measure. i made sure they had no room to manouvre over the Sytatue of Limitations, because all that is, it means you have six in which to make a claim from the date of discovery, it does not mean you can only claim back six years from the date of discovery. Simply put you have six years to make your claim, after that you can't make a claim. They have it all wrong and if they do try the time barred argument there is section 32 to fall back on. If they decide to defend and push it to the court stage, they are going to have to get up in court and show the documentation.

 

Maranatha, I am sure A & L have microfiche copies, they would need them in case of money laundering or the like.

 

Let's just see what eventuates.

[maranatha]

BattleAxe

 

I wonder whether they DO have microfiche.?

 

Does anyone else actually KNOW whether they do??

 

Cos if someone can tell me, then I'll risk a County Court Action

under the Data Protection Act.

 

Also, Battleaxe, what rate of contractual interest did you charge them?

 

Maranatha

[KHMcBey]

They must have microfiche, surely? Banks can't just go around getting rid of people's statements...

 

I worked for the BOS and they DID keep things going back basically to the time an individual joined the bank. As Battleaxe said, they have to do this in case of money laundering or the like. We had to send off requests to a different department to get these old statements, but they did exist.

[Guest Battleaxe]

Maranatha,

 

I know they microfiched the credit card stuff back to 2000, so it's hard to believe they haven't mictofiched the current accounts statements. I also charged them at 17.08% which was the rate they charged back pre 2000. If they give me hard time I will raise it to the unauthorised contractual rate of this year. iot is only matter of putting the current interest rate into the spreadsheet.

[redsue]

Battleaxe - did you send one of your banks a letter asking them to send you all the details of when each item was disposed of, who by, when, what date, where etc etc - I'm sure I've seen it in one of your threads but i can't remember where?

Wasn't the credit cards transferred in 2000 beacuse the cards went over to MBNA/

[Guest Battleaxe]

Yes Redsue I asked in detail for ALL documentation and phone logs with transcripts and yes the Credit cards were transferred to MBNA and they sent over michrofiched information with the tranfer, got that from MBNA, but A & L say they don't have to comply with my SAR request, this is why i reported them to the ICO.

 

photographer from Sunday mail coming up at 4pm regarding bank charges story and A & L. it will be printed on Sunday. It pays to advertise.

[redsue]

wow, battleaxe you go girl! Is that the mail on sunday? you'll have to scan it in and post it up on this site for all to see - say cheese now!

[Guest Battleaxe]

It is the Sunday Mirror, stupid me. he was very nice and made me relax, I hate having my photo taken (bit overweight and very self conscious). he got me laughing. Told him I would never had made a page 3 girl..

[redsue]

Roll on Sunday, I can't wait to see it.

he got me laughing.

well, we all know you're going to have the last laugh and not the banks

[steviee999]

hi

i was just reading your threads and thought you may be able to help me.

after filing in small claims court last week , ihave just received a letter from a and l saying they intend to defend (as expected ) however in the short letter they say i can only claim back six years (as i know) but from date claim filed not date i started 1st letter . so it would be 5th feb 2001

not nov 2000 . is this true and can they get out of all of charges on a technicality , get it thrown out of court or is it a bluff , or can i change charges schedule still and remove earlier charges (only about 4 ) to give them less of defence. i hope you can help.

sorry to crash in but i havn't had any replies on my threads so it may be a bit of a new one.and i am not sure who the moderators are to send query to.

 

thanks

steviee999

[Guest Battleaxe]

We will get a MOD to move your question and any replies..Any mods passing please? Site helpers around?

 

Ok technically it is six years but you can reply using Section 32 and quote concealment in reply to their defence.

 

You can do what I have done, take two bites of the cherry. let the first one go for the six years and then file another action pre the six years using Section 32 and concealment. i hope this makes sense. The banks are wrong, it is not statute barred as they are claiming, you have six years to make your claim from the date of discovery, not as they are saying you can only claim back six years. You claim as far back as the first charge was entered on your account, only have to be prepared to stick to you guns. They know they are wrong and are hoping you will cave in.

 

Be careful, as A & L claim to only have records going back 6.5 years. if you have all your statements you are home and hosed.

[steviee999]

hi battleaxe

thanks for the reply, still abit confused though.

should i change the charges schedule to the six years to be on the safe side before they have a chance to register a defence(if at all)

or write back to j Mcguerk qouting sec.32

or just sit and wait for the 28 days to pass and then deal with it .

 

sorry if i have missed the point here.

but want to nip it in the bud seeing as i am at court stage.

 

thanks for your help again

 

steviee999

[Guest Battleaxe]

Don't bother writing to the writer, just let things run, now you have lodged the N1 with the courts and see what they do. it will be up to the Courts to decide what happens. You can use section 32 in your reply. to their defence if they decide they are going to defend.

[Unholy Alliance]

We can keep each other company on this road of claiming back further than six years Red Sue. I am certainly not finished with A & L in any way shape or form.

 

Ditto...and its getting very interesting now...watch this space

[Guest Battleaxe]

Unholy Alliance, what are you planning?

[redsue]

Ok technically it is six years but you can reply using Section 32 and quote concealment in reply to their defence.

 

Battleaxe could you possibly point me in the right direction please hun as I need to read up on the matter - cheers

[j.barton1]

Hi Battleaxe, Ive started a claim against A&L For just under 7yrs. Could you go over section 32 and the statute for me in laymans terms or point me in the right direction. I'll watch your thread in anticipation to what i'll have to do. I've just sent my LBA.

Jenny