Can I sue A&L for breach of contract?

[Geffrye09]

While going through my files I found a letter being sent by A&L to welcome me as a new A&L Moneyback card account. It reads:

I am delighted to welcome you as a new Alliance & Leicester MoneyBack account. You can rest assured that you have made the right choice, because you can soon start earning MoneyBack on purchases you make on your card.

If you currently paying interset on existing credit and store cards, you could save money by transferring your outstanding balances (subject to status and approval) to yournew MoneyBack card.

Transfer yourbalances within eight weeks of opening your account and you'll enjoy our low balance transfer rates from 9.4% APR (fixed) when you close your old account. Unlike someothers cards, these rates apply until the transferred balance is paid off. There are full details of our APRs in the enclosed leaflet.

What is more our long term commitment to keeping interest rates low means you can continue saving on interest charges into the future.

Please see the enclosed User Guide for full details of your new Moneyback card. If you have any queries, telephone our card Service Centre on ***********. The lines are open 24 hours a day 365 days a year.

Yours Sincerely

...............
Card Services Manager.

Comment:
My grouse is,
1. Non of these pledge/agreements was met by A&L.
They never paid me any money back for over 8 years that I opened the account.

2. My interest rate was not fixed at 9.4 APR on balance transfer of over £2000 that I made over 2 years ago (I have been charged over 27% every month.)

Have I got legs to stand on if I decide to sue them?

[Guest]

Re: Can I sue A&L for breach of contract?

It does depend on what the terms and conditions state regarding their right to vary the contract. I am sure they will have included a paragraph or two to that effect.

In addition, given that you have had the account for over eight years, you may have left it to long to sue now, at least on your point one. With regard to your point two, again, their terms and conditions will set out what they can and cannot do with regard to interest rates.

[Geffrye09]

Re: Can I sue A&L for breach of contract?

It does depend on what the terms and conditions state regarding their right to vary the contract. I am sure they will have included a paragraph or two to that effect.

In addition, given that you have had the account for over eight years, you may have left it to long to sue now, at least on your point one. With regard to your point two, again, their terms and conditions will set out what they can and cannot do with regard to interest rates.

Thanks Cetelco.
However, I've requested for my CCCA from A&L and they don't seem to have it, therefore I don't know what the terms and conditions are and I don't think A&L knows either.

Any chance of suing A&L on this ground. (Please don't say NO...as I need money from this people)

[Guest]

Re: Can I sue A&L for breach of contract?

The first step is to write to them and find out why they failed to pay any money back to you for eight years and why they charged you 27% instead of their promised 9.4%.

If they have a valid reason, such as some specific qualifying act that you failed to carry out then you will not have grounds for a claim. However, if they do not give you a good reason, then by all means issue a letter before action, setting out what you intend to do if they do not repay you the sums you believe you have missed out on, or have been overcharged.

[Geffrye09]

Re: Can I sue A&L for breach of contract?

The first step is to write to them and find out why they failed to pay any money back to you for eight years and why they charged you 27% instead of their promised 9.4%.

If they have a valid reason, such as some specific qualifying act that you failed to carry out then you will not have grounds for a claim. However, if they do not give you a good reason, then by all means issue a letter before action, setting out what you intend to do if they do not repay you the sums you believe you have missed out on, or have been overcharged.

Thank Cetelco.
I honestly believe that you guys are doing a fantastic job by taking helpless people out of the mouth of juggernaut. Since I have been here (site), I have become customer credit lawyer :heh:

I have sent a letter to MBNA V. President which reads

Dear Gail Powell

Re: Account Number ******************[/font]

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my reasonable request. (I enclosed a copy for your perusal and ease of reference).

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter or report your actions to regulatory authorities plus seek legal advice on how to institute a court action against you/organisation.

Please don’t count this as a threat, if after 14 working days of this letter i.e.26/11/2009, I do not hear from you or organisation I would seek a legal advice to constitute a legal action for breach of contract by denying me my entitlements as stated in the credit agreement letter (attached). I will also seek a compensation for the stress your organisation put me through for more than 8 years.
I will therefore appreciate your due diligence in this matter.
I await your rapid response.

Yours Sincerely

I have a strong feeling that I could take this people to court for NOT paying me what they stated in balck and white that they would pay me. I am even conssidering sueing them for the stress this has caused me in the last 8 years.

Once again Thanks