Claiming Against A&L in Scotland - Help Needed!!!

[deneedenee]

Hi,

 

Been reading through the threads and thought it best I start my own!

 

I'm about to send A&L my 2nd letter - Letter Before Action. I'm claiming for £6,831 excl interest and worried now how to go about it. (Inevitable they're not going to pay up as they think they're well within their rights at what they charge in bank charges!!) Is it best to get myself a solicitor, go through FOS, or claim through English courts as A&L are registered in England??

 

Anyone any ideas?????

[bs58]

HI,

 

For that amount of money my choice would be to try the FOS route, although going with the FOS means you won't be able to apply interest to the claim.

 

Going through the courts would mean that you would need the services of a lawyer, whose fees would almost certainly cancel out your interest anyway. Even if you went through the English courts there is a limit of £5,000 on small claims.

 

So, all things considered, I would definately try the FOS first, but wait until you receive a definate "No Way" from the bank before you do, as the FOS cannot approach them until the bank have refused to satisfy your claim.

 

Hope this helps......Brian

[denee denee]

Cheers Brian,

 

It's difficult knowing what to do?? I'll definitely get a "no way" from them cos they're one of the worst for dragging their heels.

 

I'll take the FOS route then and see what happens. Would be great to be able to claim the interest, but I'll be more than happy just to get the charges back.

 

I'll keep you posted on my progress.

 

Denise

[maryhillgull]

I'm not sure that you can't claim interest with FOS I read a thread where the poster had got interest via the FOS route but can't find it now. I'm pretty sure they asked for the 8% rate from date of service of each charge to the date they registered the complaint. Why don't you contact FOS and ask?

If you chose to go Ordinary Action route then your solicitor costs will be paid by the other side if you win so you will not loose your interest, BUT if you loose you will have a very large bill to pay. I think the problem with OA is actually getting a solicitor to take it on and if they do you will need to pay them some money up front.

 

Cheers Maryhillgull

[deneedenee]

Hi Maryhillgull,

 

Thanks for that. I've posted off the LBA letter so I'll get in touch with FOS when I get my "nae danger" letter back from A&L!!

 

This is when you wished you lived south of the border........seems easier to claim there!?!?!?!?

 

Denise

[maryhillgull]

Being an Englishman I used to live south 'o' the border I can assure that except for wee bit maer rain you get up here I'd live no where else!

 

I actually think the small claims and summary cause are easier and generally quicker except for the limits which are a bit pants. The English system seems to have a lot more forms and the solictors darn sarth can delay things a lot lot more than they can up here.

 

As for your FOS claim check and see if you can get interest at least at 8% try something along the lines of it's easier just to add 8% flat to the claim than trying to calculate how much O/D interest they owe you back (if you were overdrawn or how much credit interest you lost because the money was not in your a/c. Or get FOS to get the banks to work this out if they can It's got to be worth a go anyway Good Luck.

 

I'm having to do overtime on this wonderful day what a ^&*^$%^$%^

 

Cheers Maryhillgull

[deneedenee]

Canny complain about the weather we're having just now .....don't envy you having to work tho

 

Yeh it's definitely worth trying to claim back some interest so I'll do that too.

 

Have you heard of anyone who has gone down the FOS route yet?

 

Denise

[maryhillgull]

There are quite a few threads that are going down F.O.S. route now that some multiple claims are being thrown out by the Sheriffs up here. The problem is that means the F.O.S. is even slower now. I may use the F.O.S. on the remainder of my Lloyds claim once I've the got the Summary Cause for the last 5 years out of the way.

 

Weather not so good so I don't mind spending a couple of hours in the office (double time:) ) today but I'm just about to go home and watch the grand prix.

 

Cheers Maryhillgull.

[deneedenee]

Hi Maryhillgull,

 

Sent off LBA letter today so sooner letter comes back from A&L telling me I'm getting hee haw I'll be writing to FOS. Do you know if there are any templates for letters to FOS?

 

Denise

[maryhillgull]

Deneedenee

 

here is a link to the word document that you have to send to F.O.S. http://www.financial-ombudsman.org.uk/consumer/form/complaint_form.doc

 

I would fill in the complaint bit using wording from the Prelim. I would then ask about interest in the 'other details' section.

 

THE FOS are well aware of the problem and they just write a letter to thier contact in whatever bank and say we have had a formal complaint from deneedenee asking for £xxx.xx refund of charges, what are you going to do? The bank then wait the maximum time allowed to respond and send a letter back saying o.k then we'll refund them on this occasion but only to avoid a formal F.O.S. investigation (which they have to pay for). F.O.S. then write to you and say the bank going to refund you £xx.xx is this o.k you say yes!!!!! They then write back to the bank and tell them they have x amount of time to make the refund. This is why it probably takes 12 or more weeks for you to get your money.

 

There is a large section in the FOS website about bank charges, but it does not say anything about interest as far as I could see, but there is no harm in trying.

 

Cheers Maryhilgull

[deneedenee]

Fantastic.....thanks for the information!! Much appreciated. I'll keep you posted on the outcome.

 

PS - my turn for the overtime today

 

Cheers

 

Denise

[deneedenee]

Don't know if anyone else has come across this, but in reply to my LBA, A&L confirmed that they are investigating my complaint. Surprised that it wasn't the standard 'sorry but no can do' letter. Hopeful now that I might not need to take my case to FSO?

[deneedenee]

Been reading through other threads, and since I received the letter from A&L on 3rd May, should i get in touch with FSO anyway and let them deal with the bank, or shoud i hold out just now and wait and see what bank says????

[stevokenevo]

The letter you have received is a standard stalling tactic.

This is your claim, and you set the time scale, so if you have given them the standard 14+14days it is now time for the next step, don't delay

 

S

[deneedenee]

Cheers S,

 

I'll start going down the FSO route tonight.

 

Don't know if you've checked out BBC News yet? Not looking too hopeful for everyone now??

 

BBC NEWS | Business | Bank's overdraft charges upheld

[stevokenevo]

i wouldnt worry about it, looks like the judge has made an @rse of it

[deneedenee]

Where do I start for help now :?

 

Got a letter back from A&L offering my £1553 as a settlement for my £6831 + 8% interest. They say this is the difference between what they charged and the OFT recommended £12 charge, and I had until 21/06/07 to accept.

 

Declined their generous? offer saying that I would only accept £6831 + the interest. Got a letter back from them with a polite 'nae chance' and that I could contact the FOS if I wasn't happy with their decision.

 

I've recalculated the charges, using the OFT recommended £12, and I've came out with a figure of £2841, for all unpaid and paid charges. Going to send this off to A&L and ask them how to explain how they got their figure of £1553.

 

I've already sent my complaint into the FOS, but I'm now starting to worry in case the FOS agree with the bank I end up with nothing??? Tempted now just to accept their offer :-?

[maryhillgull]

Deneedenee

 

Nothing has changed A&L's ludicrus offer will have no bearing on the FOS decision. The £12 (and remember this was for Credit Cards) is not an amount that the banks CAN charge, it is the amount that the OFT would allow the banks to charge up to. Over this they would take action. By LAW the banks are STILL only allowed to charge you their "liquidated loss".

 

I would write to FOS and tell them of the offer and why you turned it down, because a: based on £12 the amount was wrong and b: more importantly that you do not believe it costs the bank £12.

 

I'm sure that FOS will still get your money back

 

Cheers

[deneedenee]

Hi Maryhillgull,

 

Thanks for the reply.

 

Really starting to get worried about it now but you've put my mind at ease a bit.

 

I've sent off a letter to A&L asking them to explain how they got the figure of £1553, and I'll write to FOS tonight too detailing the latest corr I've had from A&L.

 

Fingers crossed for a hasty reply with an offer from both

 

Cheers

[deneedenee]

Well surprise surprise - after asking A&L to justify how they got a figure, they sent a letter saying that they weren't going to refund me any charges.

 

Next day though, I got a letter from FOS saying that A&L were willing to settle for £4773.50. It's still about £2,000 less than I originally asked for. I've accepted the offer and told FOS it's still less than they've charged me. Too scared not to accept incase I ended up with nothing.

 

Accepted the offer on 11th July and still waiting on payment. Anybody know how long it's taking to receive money???