Single mum vs. Alliance & Leicester

[cluel3ss]

Hiya's,

I have sent off the letters, they replied saying I wasnt entitled to anything, then I started a claim on HMCS. Bank have now sent me a letter from there solicitors saying that they are going to defend(Acknowledgement of Service) and also same day I recieved a letter from bank offering me £984 this has a limited time on it(20th July 2007), the total charges I am claiming is £4,995 + £120 court fees, I don't want to accept this offer, but I dont know what to do now, do I wait till the 28days are up for the bank to put forward a defence? or is this just to scare me? What do I do when the time period is up?

My claim was issued on the 15th June 2007
Court sent it to defendant by 1st class post on the 15th June 2007 and it was deemed to be served on the 20th June 2007
The bank had till the 4th July 2007 to reply, they replied as I said above, so do I now add 14 days to the 4th July 2007?

Should I ring the bank and tell them that I'm not accepting their unfair offer, or do nothing?

Many, many thanks, any help is greatly appreciated

cluel3ss

[squarebob]

The main advice seems to be, do nothing by phone, just deal with everybody by post using either Recorded delivery or 'Special Delivery', also keep a copy of everything you send.

There is a letter for rejecting offers in the Templates section.

Need any more help, just shout.

[cluel3ss]

Originally Posted by squarebob

The main advice seems to be, do nothing by phone, just deal with everybody by post using either Recorded delivery or 'Special Delivery', also keep a copy of everything you send.

There is a letter for rejecting offers in the Templates section.

Need any more help, just shout.

Many thanks squarebob

[cluel3ss]

I dont know which rejection letter to use

Thank-you

[squarebob]

Go to the Templates section, scroll down the list, 3rd from the bottom should read; Rejecting Offers by jonni2bad, open it up and away you go.

If not, try this site. Reclaim unfair charges from banks & credit card companies!

Also spend some time (as I do) following all the different threads etc, every one has been somewhere at some stage at some time and they all have a story to tell.

[jansus]

Yes you use the letter that is for an offer from the bank ( not solicitor)

If you see my thread I was advised to send the cheque back ( not accept as a partial offer) as I had commenced action ( very difficult!)Apparently this is because they may infer that you had accepted the monies as a full and final offer.

I also added on mine that I would have appreciated a breakdown of how they came to their offer- as I had sent a schedule of my claim

I also sent a copy to the solicitor so they were all in the picture.

When I get the details of the court for my hearing I willl send them a copy - as I have read of cases where the banks had not told the courts that an interim offer had been refused.

Jansus

[squarebob]

Hy Jansus,

Just been looking thru your message, interesting bit about the partial offers we receive & reject. Mine arrived near enough the same time as their defence papers. And section 18 of their defence says; However, without prejudice to the above, the Defendant will refund and/or has refunded the Claimant's account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item. No word of dismay or otherwise from A&L re sending back their cheque, they must still know where I live because my statements still turn up on the doorstep.

I filed my A.Q today, decided to 'act soft' and send A&L a copy plus the attachments with an updated list of charges just to see if they need nudging.

[cluel3ss]

Hiya's

Many thanks squarebob and Jansus, posting rejection letter today.

[jansus]

Hi

got my confirmation that hearing has been transferred to Aylesbury - no aq and no date or request for documents yet.
Here we go then

jansus

[cluel3ss]

Originally Posted by jansus

Hi

got my confirmation that hearing has been transferred to Aylesbury - no aq and no date or request for documents yet.
Here we go then

jansus

Hiya's

Ooo good luck, got my fingers n toes crossed, lol well everything that can be crossed. Lets hope it dont even get to court

[jansus]

check my last post today on my thread- we are waiting to hear about the A&L case.

Jan

[cluel3ss]

I have received the banks defence papers today (30th June 2007)
What do i do now, just wait ?

Many thanks

[squarebob]

Hy Pet,

Just do what I did; read it, scratch your head, then put it away and just await the arrival of your A.Q etc from the court. In between have a look at Alice- Rose's thread, she has posted a copy of Wragge's defence, compare yours with hers, and let her know how your copy differs.

Have a good day

Squarebob

[cluel3ss]

Originally Posted by squarebob

Hy Pet,

Just do what I did; read it, scratch your head, then put it away and just await the arrival of your A.Q etc from the court. In between have a look at Alice- Rose's thread, she has posted a copy of Wragge's defence, compare yours with hers, and let her know how your copy differs.

Have a good day

Squarebob

Hiya's

LOL that comment about scratching your head made me laugh, a BIG ty for cheering me up after such a crappy morning (didn't think i woud get defence papers yet). Basically what they are saying in Defence papers is that i agreed to the charges being applied to my account, when i opened the account(T&C) blah blah (thats what i have to say to that lol), they have even listed what they charge for OD, Bounced cheques and so on, there only defence at the moment is that i haven't sent off my list of charges to solicitors, So i'm going to do that and send a copy to the court, the court can then see that some weeks the bank took so much of my money that i didn't even have enough to feed my kids or pay any bills, which got me deeper into debt and caused me to get an ulcer from worrying myself sick, anyways rant over lol, wow i feel better

[squarebob]

Hey Chuck,

Stay 'Cool'. A&L really do know how and who to hurt, it's nothing personal, machines don't have feelings or common sense. Just imagine if machines really did rule the world!

Been right where you have, every penny swallowed up, ring them up, talk to a person, who might make the right noises, but at the end of the day, couldn't give a monkeys. And they talk about a 'Duty of Care' to their customers!

Squarebob

[cluel3ss]

Originally Posted by squarebob

Hey Chuck,

Stay 'Cool'. A&L really do know how and who to hurt, it's nothing personal, machines don't have feelings or common sense. Just imagine if machines really did rule the world!

Been right where you have, every penny swallowed up, ring them up, talk to a person, who might make the right noises, but at the end of the day, couldn't give a monkeys. And they talk about a 'Duty of Care' to their customers!

Squarebob

Hiya's

Thank-you Squarebob, yes very scary thought if machines ruled the world. Yes like my grandad used to say, you are just a number not a living breathing person, my grandad didnt like banks, now i think i know why lol, he used to hide his money round the house, rather than keep it in a bank, he definately had the right idea!!

[cluel3ss]

hiya's

What is a CMI sheet?

Many thanks

[jansus]

Hi

as I am just in front of you time- wise so keep reading my thread - I have received notification of no aq so proceedure is slightly different -

what is the context that you have seen CMI sheet ? on a document you have received - can you let us know and will try and find out for you.

Jansus

[cluel3ss]

Originally Posted by jansus

check my last post today on my thread- we are waiting to hear about the A&L case.

Jan

Hiya's hun

I read through your last post, hopefully you will hear before court date, i read that someone got an offer of full amount 2hrs before court hearing was to start. Grrrrrrrrrr @ banks not even bothering to turn up for court, just goes to show that the greedy monkeys (that is being polite) really are the scum on the bottom of a stinky fish pond.

[cluel3ss]

Originally Posted by jansus

Hi

as I am just in front of you time- wise so keep reading my thread - I have received notification of no aq so proceedure is slightly different -

what is the context that you have seen CMI sheet ? on a document you have received - can you let us know and will try and find out for you.

Jansus

Hiya's hun

I clicked on the link from your post, Leeds Mercantile Court Hearing 28th June 2007. As i was reading through this thread i noticed that they mention a CPR 59 Case management information sheet (CMI sheet)and that it should be submitted at least 7 days before court hearing, sorry i didnt put the CPR 59 bit in , i was just wondering what this is? I have not seen this on any other threads i have read.

Ahhh after reading a little more it is for 'Mercantile Court Guide'

Sorry for confusion.

Many thanks