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Wales is perhaps the most manic area on the UK, where crazed judges stay anything that moves regardless of what it is, and decisions on justice increasingly appear to be made by clerical staff. Everyone in Wales is now expected to go to Cardiff as all cases have ben transferred there, without any reason being given. Even compared with the rest of Britain, the county court system in Wales is a total disgrace. I thought it was impossible now to get any justice in Wales with any case involving money.
However, Annoyed of Caerphilly has succeeded in winning a case against A&L and it is an encouraging story of perseverance. The story is important because it shows a new approach, as well as being another case that can be quoted to show a hardship victory.
http://www.consumeractiongroup.co.uk/forum/alliance-leicester/116566-success-l-via-hardship.html
Have recently settled with A and L for £6483.5, which was total amount of charges claimed in relation to 3 accounts.
Given that the Court due to hear my case (Cardiff) applied stays, rather than wait for the outcome of the High Court case I decided to determine whether they was another pathway I could take.
Following advice from the FOS I reapproached the bank and asked for each claim to be reconsidered as a hardship case, arguing that their own literature (standard letter re stays) and that of the FOS indicated that banks had a duty to identify those cases where the claimant was suffering genuine financial hardship. (The FOS advised that I was able to follow such a pathway even though my case had been submitted to Court).
After much debate and being bumped around various departments the bank accepted the evidence put forward (ill health had led to long term sickness absence and reliance upon state benefits, the amount of charges being deducted causing further financial hardship, leaving me unable to meet existing financial commitments).
However, though I was successful in the end the main sticking point that delayed matters for a no. of weeks appeared to be the stance of the Credit Control dept. who oddly are the dept. at A and L tasked with dealing with bank charges cases. Initially their stance was that they could not consider matters and, given my legal action sought to refer me to Wragge and Co., despite my arguing that Wragge were merely legal advisers to the bank and would not be able to reach settlement.
Headway was only made when I sought the support of the Chief Executives dept., being passed through to a PA from switchboard, who referred me on to the Customer Care Team, who seemed to have the authority or standing to persuade the credit control dept. to drop their stance, leading to consideration of my submission by the manager of credit control dept. (Alision Riley) and eventual offer of settlement.
I was happy to settle on the basis of repayment of charges, foregoing interest and court costs, which though in total amounted to just over £1,300 , given the total value of the settlement seemed a reasonable course of action to take - give a bit to get a lot !
Advice re following this course of action - ensure there is genuine evidence, medical and financial to support your hardship case, and that you submit a detailed fax or email listing each, continue to the seek support of customer care team, and importantly, be wary of a supervisor in the credit control dept. called Mr.Garnett, who you may be referred to first of all - not only does he act as though any refund will come out of his own pocket, but in my opinion would gladly argue black is white, not only will he aim to lead you up the garden path, he may also infuriate you with a whole range of underhand tactics, the best of which is returning your call and more or less immediately stating he has to terminate the call (which he made !) to go into a meeting. Progress only seems to occur when the customer care dept. deal directly with Alison Riley, manager of Credit Control.
If like me illness has robbed you of part of your life and through reduction in income caused enormous financial problems, worsened by onerous bank charges, then clearly you are a hardship case. Dig in, follow the above pathway and though it may take you a number of months, you should be successful.
However, Annoyed of Caerphilly has succeeded in winning a case against A&L and it is an encouraging story of perseverance. The story is important because it shows a new approach, as well as being another case that can be quoted to show a hardship victory.
http://www.consumeractiongroup.co.uk/forum/alliance-leicester/116566-success-l-via-hardship.html
Have recently settled with A and L for £6483.5, which was total amount of charges claimed in relation to 3 accounts.
Given that the Court due to hear my case (Cardiff) applied stays, rather than wait for the outcome of the High Court case I decided to determine whether they was another pathway I could take.
Following advice from the FOS I reapproached the bank and asked for each claim to be reconsidered as a hardship case, arguing that their own literature (standard letter re stays) and that of the FOS indicated that banks had a duty to identify those cases where the claimant was suffering genuine financial hardship. (The FOS advised that I was able to follow such a pathway even though my case had been submitted to Court).
After much debate and being bumped around various departments the bank accepted the evidence put forward (ill health had led to long term sickness absence and reliance upon state benefits, the amount of charges being deducted causing further financial hardship, leaving me unable to meet existing financial commitments).
However, though I was successful in the end the main sticking point that delayed matters for a no. of weeks appeared to be the stance of the Credit Control dept. who oddly are the dept. at A and L tasked with dealing with bank charges cases. Initially their stance was that they could not consider matters and, given my legal action sought to refer me to Wragge and Co., despite my arguing that Wragge were merely legal advisers to the bank and would not be able to reach settlement.
Headway was only made when I sought the support of the Chief Executives dept., being passed through to a PA from switchboard, who referred me on to the Customer Care Team, who seemed to have the authority or standing to persuade the credit control dept. to drop their stance, leading to consideration of my submission by the manager of credit control dept. (Alision Riley) and eventual offer of settlement.
I was happy to settle on the basis of repayment of charges, foregoing interest and court costs, which though in total amounted to just over £1,300 , given the total value of the settlement seemed a reasonable course of action to take - give a bit to get a lot !
Advice re following this course of action - ensure there is genuine evidence, medical and financial to support your hardship case, and that you submit a detailed fax or email listing each, continue to the seek support of customer care team, and importantly, be wary of a supervisor in the credit control dept. called Mr.Garnett, who you may be referred to first of all - not only does he act as though any refund will come out of his own pocket, but in my opinion would gladly argue black is white, not only will he aim to lead you up the garden path, he may also infuriate you with a whole range of underhand tactics, the best of which is returning your call and more or less immediately stating he has to terminate the call (which he made !) to go into a meeting. Progress only seems to occur when the customer care dept. deal directly with Alison Riley, manager of Credit Control.
If like me illness has robbed you of part of your life and through reduction in income caused enormous financial problems, worsened by onerous bank charges, then clearly you are a hardship case. Dig in, follow the above pathway and though it may take you a number of months, you should be successful.
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