Whilst the customer service advisor was very helpful during my telephone call, there is a nagging part in my mind that suggests that the charges team will ignore her request again, and next thing I know I will have Debt collectors knocking on my door. I may have not choice but to take them to court and seek an injunction against them taking any further action, but unless I am left with no choice I would rather deal with this through the Financial Ombudsman Service.

If the charges team are not responding to the cease and desist requests, then there is either a failed system or sheer bloodymindedness. So I decided to find out which by asking Alliance & Leicester for a copy of everything they hold on me. I also specifically requested a copy of the recorded phonecall I had a few days back.

Here is my letter;

Dear Sir/Madam,

I am writing to you today in order to issue a data protection disclosure request with reference to account number *********. Please dispatch to myself a copy of all information you hold relating to myself, Ben Tasker or to the above account number.

Please also include a copy of the recorded telephone conversation that took place between myself and one ***** ******, a customer service advisor for your company. The conversation in question took place on the 2^nd November 2007 at approximately 11:04 am.

As you are aware the data protection act allows you as a data controller to levy a charge of up to Ten pounds for this request. Therefore please find enclosed a cheque made payable to Alliance & Leicester PLC for the amount of Ten Pounds.

I would also like to state that due to recent issues experienced with my account, I am today dispatching a letter to the Financial Ombudsman Service. Although Alliance & Leicester's customer service advisors have assured me that I would receive no further correspondence regarding the amount that Alliance & Leicester alleges I owe, the relevant department does not appear to have taken note of this agreement. For this reason I feel I have been left little choice but to pursue further action, if I should receive another letter threatening legal action whilst I am discussing this case with the Financial Ombudsman Service, I will be left with little choice but to file a claim in a county court.

I have stated on several occasions that whilst I am happy to await a ruling in the test case, I am not willing to pay exorbitant charges that I cannot afford. There is undoubtedly a question mark over the legality of these charges, the existence of the test case substantiates this fact. For this reason I am unsure why the Financial Services Authority has allowed the banks to continue a practice of questionable legality with no recourse for consumers to reclaim the moneys taken without their permission.

Thank you for your time

Yours sincerely

Ben Tasker

I have also today sent a letter to the Financial Ombudsman Service, if this just related to charges then I imagine they would be unlikely to intervene, however whilst Alliance & Leicester are happy to wait to investigate my complaint, they are not happy to wait to reclaim the money they claim I owe them. This alone should be enough for the Financial Ombudsman Service to intervene, if they cannot then I will obviously have little choice but to file a suit against Alliance & Leicester in a small claims court.