Scoobz - v - Alliance & Leicester

[scoobz]

Hi Peeps

Started my claim with A & L mid March 2007 using templates from a BBC article on line as an 'estimated' claim (£5000) as I only had last 3 years statements.

I got the usual fob off letter from A & L so proceeded with N1 claim which I filed with my local county court on 13th April 2007.

Wragge & co acknowledged my claim and then sent their usual 'Defence'.

I then discovered Martin Lewis's site and CAG and after hours of reading I discovered that 'estimated' claims were not a good idea so I paid £35 to have my claim amended with court (form N244) and changed my claim amount to tie in with the statements I had (£3700) and also amended my Particulars of Claim (using the template from here).

Opened a parachute account and sent off S.A.R - (Subject Access Request) letter to A & L.

Wragge & Co filed their AQ with court and I filed mine on 19th May 2007.

I received my statements from A & L so I worked out my charges for the other 3 years which took my total claim for the full 6 years back up to £4900.

I had my claim transferred to Leeds Mercantile Court early June and applied to amend my claim again (N244) to the new amount (this cost me £65) .

I was in court yesterday for Case Management Conference and A&L didn't attend and no stay applied for so Judge has given directions for hearing in October 2007.

Keep you posted...

Scoobz


vbrep_register("879118")

[jansus]

Hi scoobz - I expect you will get an official letter from the court telling you all that you need to do? probably your bundle - so in that case you do have to send a copy to Wragges as well.

I sent my bundle to Wragges anyway - even though the case had been stayed and I had not had hearing - just to show them i meant business- maybe thats what did the trick- i will never know

There is a new court bundle - much better than the one I sent - I will post link. Unfortunately you will probably do all the work - and get an offer just before court date - but thats the way they play the game

jan

[jansus]

Advanced court bundle


in case you need it


jan

[j.barton1]

Hiya Scoobz, good luck. I received a bog standard letter today from A&L re oft test case...same as whats on their website. Doesnt say they're asking for stays.

Jen xx

[scoobz]

Thanks Jan and Jen....

I'm going to get started on my bundle when little one is back at school tomoz (thanks for the link Jan).....

Jen, I really do hope that you get sorted in October, if they don't turn up again then I would request strike out (you may have to do the official application??) or ask for directions for a hearing a.s.a.p. Wonder how many will be at there? Have your heard of any other A&L ones??

Scoobz

[j.barton1]

Hi Scoobz, Have'nt heard of any more for the 4th yet but its still early days. I've thought of trying to negotiate with Wraggies but we'll see xx

[scoobz]

Hi Peeps, Nearly finished my court bundles ready to hand in at court on Tues 11/09/07 and to send to Wragge & Co.

Received a lovely letter from Wragge & Co this morning, an exact copy of the same blabla one that A&L sent me a couple of weeks ago just stating all the facts about the OFT Test Case and that complaints are being put 'on hold' until the outcome.

Wraggies state that 'WE INTEND TO APPLY TO THE COURT ON ALLIANCE & LEICESTER'S BEHALF FOR AN ORDER TO STAY YOUR ACTION UNTIL RESOLUTION OF THE LEGAL PROCEEDINGS WITH THE OFT'.

I wonder if they are trying to scare me off and try to stop me doing my court bundle?

Bring it on!

Scoobz

[j.barton1]

Hi Scoobz...I got one of those too.....thought it was just me LOL...on the bottom of yours who does it say sent it?( on the back...enquires to ***) Mine is the person who i've been e-mailing trying to settle, i thought she'd sent it cos of the last e-mail i had sent her.

Jen xx

[scoobz]

Hi Jen

Mine is Anna Wright (who I've never heard of)? I've always had letters etc from Hina Thakrar so maybe she can't cope with all our claims and she's had to pass some work on?? Strange why they don't sign their letters?

The letter made me laugh as surely instead of just saying "we intend to apply for stay", why haven't they done so as they've had plenty of time! It's all stalling tactics but it isn't going to work!!

This bundle job is hard work, I've got through 2 packs of paper and about 6 printer cartridges (not to mention the sore fingers) but it will all be worth it....

Scoobz

[wilsikon]

I had the same letter but went ahead with sending my bundle and then today I got notification from the court that my hearing on the 12th would now be a hearing for Wragge to request a stay, attached was a copy of the papers Wragge had submitted to the courts to do this. So now I take it I have to go to court on the 12th to try to appeal to the judge not to grant a stay? If anyone can help I would be v grateful.

[jansus]

Unfortunately this is not good news - this is the first one where I have heard the A&L request an individual stay - So this is new ground. I had a hearing to remove stay and was using the template on here plus the fact that A&L had no intention of defending as they had settled so many cases on the doorstep so to speak.

The Stay - Here is the application grounds for the removal of the stay


Here is what you use - plus there are lots of threads on here which advise you to add sections to make it as personal as possible. If you are a hardship case then you must be prepared to prove it.

Whether or not they will appear I have no idea - it could just be more tactics to try and frighten you off - but this is unknown territory.

Keep reading all new posts just to keep up with everything.

Jan

[j.barton1]

Hi Scoobz, She must be the lady who is dealing with your case...has it got her e-mail on it? E-mail her & see if you can get an offer before court...maybe worth a try...then you'll have her response for court lol.
Jen xx

[scoobz]

Hi Jen

There is an email address so I might send her an email once Ive sent my bundle to them, then at least they know I mean business!!

Hi Wilsikon

I'm really surprised about them asking for a stay on your claim so close to the hearing date, it must be a new tactic?

I went to the case management conference at Leeds on 29th August and they didn't even turn up or request a stay so whether they will request one now god only knows!!

Like Jansus says just follow all the links regarding request for stay to be removed... this is all new to us all so fingers crossed judge will go in your favour!!

Good Luck and keep us posted

Scoobz

[jansus]

Urgent Info Needed To Confirm A Bank Leak

see post 86 link - A&L are mentioned on lloyds bank new mobile phone alert system

jan

[scoobz]

Hi Jan

Very interesting read, thanks for that......

I'm a little concerned about this new 'stay' tactic that Wraggies are using at the moment! Surely the Judge in my case would not allow it after they didn't even turn up at court for CMC and they hadn't requested a stay prior to this? If I end up doing my court bundle and they grant a stay I will be fuming!!

Scoobz

[jansus]

I know this is such a rollercoaster - one minute you think we are on a winner - next you start to loose hope - do you think thats what they count on?

But as Kay posted they did the same for her - went to all the trouble of producing the request for stay and then settled outside the court room ???

Willam was the same - he was going in expecting a stay.

I think all we can do is carry on - the worse scenario is they get one stay and then the rest will follow - but a lot of people on here have dropped out and have not carried on Post OFt so I suppose the cases they have to deal with must be dwindling anyway.

Jan

[scoobz]

Thanks for your support Jan, it's sometimes difficult to stay positive when they keep springing new tactics on us! Hopefully like you say its just all hot air, trying to put us off, and they will settle either before or on the day...

Just finished all my copying and filed everything in three very large ring binders. Going to finish off my witness statement and make sure everything ties in. Because I amended my claim twice I've included all my paperwork plus docs from when I was transferred to Leeds Mercantile.

I've had a look at next day courier costs and it would be about £18 to get my bundle down to Wraggies by close of business on Tuesday 11/09 (suppose its cheaper then train or driving down myself)...

Catch you later...

Scoobz