tra2026 V A&L

[tra2026]

Ok after looking at this site I am in shock that I have a ccj against me for bank charges from alliance and Leicester for around £800 which happened due to going overdrawn then being charged for it and also d/d’s being returned they then gave me an overdraught to sort this out which didn’t help and I ended up with even more charges.

 

At the time I was in a mess and was ordered to pay the judgment at £30 a month.

 

Now I’m not sure if I should be paying this could someone answer me a few question in plain English for me to see if I have a case?

 

Can I put a claim in for a refund on the charges as I have a ccj for them?

I don’t know my account no. Or even the amounts and when they where added?

If I rang the bank would they just tell me the account has been closed and they can’t give me any details?

I have already paid some of the judgement would that mean I accepted the charges?

Also it is a couple of years since this happened.

 

Thanks in advance

[BankFodder]

How lojg again was the CCJ? Was it a judgment in default

[tra2026]

Thanks for the replies

I’m not sure how long ago the judgement was but I’m sure its not more than 2 years properly about 18 month. I can't find any paper work for it at all for the bank account or the judgement I’m not even sure why I got it apart from me being overdrawn and changing bank accounts because the bank was taking all the wages out as soon as it was paid in.

I think I got a letter from the bank saying I owed the money it was then passed to Brian Carter solicitors who applied for the judgement.

I can remember thinking how unfair it was to get a ccj against my name for money that i'd not even had that they could just stick all these charges on my account then make me pay them by getting the ccj, but at the time I had other problems and couldn't cope with it all and didn't think anyone would help anyway.

[tra2026]

Hi all,

I first looked at this site at the beginning of the year and it has been playing on my mind since then, my husband thinks its all a waste of time because we haven't got any hope of getting any money back but i'm not so sure.

The problem is a few years ago we went overdrawn with A&L mostly due to charges on top of charges and in the end owed them about £800 so we changed bank accounts as they were taking all my o/h wages as soon as they were going in which was leaving us skint an unable to pay other bills. A&L then passed the account on to debt collectors who issued us with a ccj we didn't dispute this as we didn't know we could and are paying them back at £30 a month.I would like to see if we have a claim for unfair bank charges but am unsure as they have the ccj, does anyone have any idea about this? we still owe about £400 at it bugs me everytime the d/d goes out incase we do have a case.

Tracey

[heidi1]

Hi Tracey,

 

If you look in the bank letter templates, you will see that on the prelim letter there is a section (in red) that you can ask the bank to remove any adverse history from your credit file (removing you from the blacklist so to speak!) I should think the CCJ will have no effect on your claim, it was their fault in the first place. I'm sure someone will correct me if I'm wrong!!

 

You can go back 6 yrs for all charges in that period, regardless of whether your account is still open or not. I say go for it. I have won one case against the HX, and like your husband, mine was pesimistic too... soon eating his words though! I have filed a Moneyclaim againt A&L too, just waiting for my cq, he he!! Must admit they seem to drag their heels alot more than the others seem to.

 

I say go for it!

 

Heidi

[tra2026]

Thanks Heidi

 

Right thats it i'm going for it and if I do win I will I will have great pleasure in telling him I told you so.

 

Traceyx

[tra2026]

hi all.

 

which address do I send my letter to is it the bootle one i'm getting a bit confused I looked at the contact post but there seems to be 2 address for A&L?

 

Tracey

[Rallya]

Hi Tracey

 

Your Prelim letter and LBA letters go to:

 

Alliance & Leicester Plc

Customer Contact Centre

Bootle

Merseyside

GIR 0AA

 

when you get to the court claim though its a different address, dont know it off the top of my head atm

 

HTH

[tra2026]

Thanks for that, just one more thing- because of the ccj I have a d/d set up and pay £30.00 per month of it do I stop paying for this or keep it going?

[tra2026]

Hi I have posted this else where but had no response so thought i'd try here

 

I want to claim back my bank charges which resulted in the bank issuing me with a ccj, what I need to know before posting my first letter is- the ccj is not settled I pay it at 30.00 per month by d/d can I still claim if so do I cancel the d/d or carry on paying? also if I do stop paying what do I send to the dc who is collecting the money for the bank and do I have to imform the court ( I can't remember the case no.)

I have to go to work soon and really wanted to post the letter before leaving so if anyone can help it would be great.

 

Thanks Tracey

[closey]

You can still claim but don't cancel your DD, continue to make payments.

[younganfree]

Follow the tried and tested route as laid out in the faqs, Tracey, and everything should work out fine.

They will try and put you off at every stage, but don't let them. It's your money. They had no right to it in the first place, they were just being greedy.

The number of lives they have screwed up with these spiralling charges amazes me. How can they sleep at night?

I'm one of the lucky ones - no responsibilities as it were. Had a few hiccups when debit card charges didn't show up as they were made, leading me to believe the money was still available for withdrawal, which I duly acted on!

With a little help from me mum I cleared the charges quick smart, so there was no spiralling, luckily. Stopped using the debit card so it can't happen again. But of course everyone isn't in as lucky a position as me.

All my best wishes go out to you dudes who live in the real world with families and mortgages and the like!

Keep us posted, Tracey. There'll always be someone around who can help with advice or encouragement if and when you need it.

Good Luck, [and don't let your o/h put you off - it's your money, you are entitled to get it back].

[tra2026]

Thanks folks for all your help

 

I've posted the letter asking for my statements so will wait and see what happens

 

Will keep you posted

 

Tracey

[heidi1]

Good luck, its not a quick process I'm afraid, you will be in for a wait. So long as you know it wont happen over night. Just keep at it.

 

I'm still waiting for an outcome after I sent in my court claim on the 11th Sep.... tick tock tick tock

 

Heidi

[tra2026]

With looking through the posts I can see its not going to be quick my o/h still thinks I'm daft but never mind if I do win I might be able to go to the January sales for the first time in years, without him of course.

 

We had a loan with Endeavour which was settled 2 years ago and I thought I would give them a try but had no statments so I gave them a ring yesterday and asked them for a statment, the lady on the phone was so nice and said yes no problem and would send them out straight away.

 

We also had a car from Yes c/c and I've been thinking about making a claim against them but they are closed now so don't know who to get in touch with.

 

Tracey

[heidi1]

Oh no the dreaded yes car credit! I had a car with them yrs ago. It blew up! There is a forum for the automotive industry on here. Have a look, there is noe specifically for Yes cc too I think, maybe that will give you some pointers!

 

Heidi

[tra2026]

well no statements yet do they always take this long?

 

I am also making a claim against Endeavour and have sent of the first letter and have had this reply

 

Thank you for your letter dated 28th Sept 2006, which I read with interest

 

The loan agreement you signed clearly states the terms for settling your agreement early.

 

You refer to ‘unfair terms in consumer contract regulations’ which clearly state a term is only unfair if ‘contrary to requirement of good faith it causes a significant imbalance in the parties’ rights and obligations under the contract, to detriment of the consumers’ and in addition a standard term must be expressed in plain and intelligible language

 

This condition does not breach this test.

 

Your contract was regulated under the consumer credit act 1974. The terms of your settlement would have been calculated according to the calculation in the act known as rule of 78. The interest you have been charged complies with the rule of 78, which is clearly defined under statute and further indicates no ‘unfair term’ exists

 

You mention fees of £272 that have been levied to your account. These fees are clearly identified on our tariff card and provided on completion of your loan. The OFT has clearly identified late payment fees on credit cards as unfair and set a maximum of £12 but are still investigating other charges levied by banks and financial institutions. Obviously the facility provided to you doesn’t fall under the definition and furthermore the OFT comment was not retrospective.

 

I respectfully suggest you take your own independent legal opinion before progressing further with your claim.

 

It is important that your issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact m and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

Signed by a Terry Grainger.

 

What next are they right in the first part?

 

Do I send of the 2nd letter I’m frightened they might have a point?

[caro]

It would probably be best to keep this thread for your Alliance & Leicester claim, and start threads for the other matters in the appropriate forums. The people there will have more detailed knowledge of those matters.

[tra2026]

well i'm still waitng for my statements but the 40 days are nearly up so shouldn't be much longer

[tra2026]

Infact I have just checked my calendar and it is forty days today since they recieved my request

 

What do I do now?

[caro]

There is a Letter Before Action threatening court action in 7 days if they don't comply. You can find it in the Bank Templates Library.

[tra2026]

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