Just started small claim action

[Aitken Brotherston]

Having sent the demand I received the apparently standard reply that "it's all to do with credit cards and not us banks" reply.

Sent off the "If I don't receive a positive reply by ...." letter and the date has passed. Therefore today I have started the claim process via the County Court.

We shall see what transpires.

[MARTIN3030]

So have you followed all the procedures,and given them the 28 days to respond with some positives ?

I do not see your dedicated thread..........did you send schedules of charges with both letters ?

If so then carry on...............

Good luck

[Aitken Brotherston]

Sent intial total demand with opening letter.
Sent schedule with LBA but more charges were incurred following the LBA so I included them in the claim.
Insufficient space in the on-line claim to put the schedule. MAX 1080 letters or 24 lines.

It was perfectly clear from their initial response that they believe themselves to be in the right and so sending the schedule would have made no difference.

The amounts and justification will be verified before adjudication if it goes that far. If they wish to settle out of court then I shall send them a detailed schedule which they can verify from their own records. Meanwhile the clock ticketh on the County Court claim nicely racking up the 8%, not that it amounts to much.

[Aitken Brotherston]

No response from A&L to MCOL claim.
Entered request for judgement today. 1Sep06

[caro]

Did they indicate that they would defend, or has your claim sneaked under their radar completely?

[Aitken Brotherston]

Originally Posted by caro

Did they indicate that they would defend, or has your claim sneaked under their radar completely?

It looks as if it has missed their radar. There has been no response and Judgement has now been entered against them.

If they do not pay up I may have to issue a wind up order to get their attention. They will be able to turn it round but it would stop them trading until they do. Should get their attention.

[caro]

That is a new one on me. Usually issuing a warrant comes next doesn't it and then bailiffs?

[Aitken Brotherston]

Originally Posted by caro

That is a new one on me. Usually issuing a warrant comes next doesn't it and then bailiffs?

Yes but a winding up order is much more fun. I probably won't go that way as it costs a bit and not quite so easy to get back.

[Aitken Brotherston]

Got a cheque from A&L JUST B4 I activated the Bailiffs so I shall make the usual donation.
I also got the usual stuff about my not being happy with the Terms and Conditions and that they would be in touch to "discuss" the account. I took this to mean that they would close the account so I sent them the following letter, sensitive bits removed to protect the guilty.

Alliance & Leicester PLC
Group Legal Services
Customer Services Centre
Narborough, Leicester
LE19 0AL

13 October 2006

Dear Sirs

Ref *******************
Thank you for your letter of XXth September 2006 and for the cheque contained therein. The court has been informed.

I accept this payment as settlement of this claim however I reserve the right to take further action against you if I should discover reason to do so.

The terms and conditions that I do not accept are those that are unlawful and I am surprised that you should seek to defend them or that you should believe there is any reason why I should not reject them. No doubt it is your right under the terms of the contract to terminate it. Should you decide to terminate the contract I expect you to do so within the law and adhering to the Banking Code of Practice. Whether or not it will affect my attitude to the other accounts I and my family have with you, remains to be seen. I should be obliged if you would write to me within the next 14 days to make clear your intentions. If I do not hear from you within that time I shall assume you intend to withdraw from the contract and make my decisions accordingly.

Yours faithfully



I have not yet heard from them and continue to use the account.

[caro]

I await the outcome with interest (no pun),

[ampersand]

Originally Posted by Aitken Brotherston

XXXXXXXXXXXX
I have not yet heard from them and continue to use the account.

Excellent work!
I'm about to post an unbelievable(no, of course it's not with this - or any other - Banking lot)bit of post just received this evening.
And Caro, tee hee hee, too - punny funny. Enjoyed it.

[ampersand]

There's a beautiful new moon out there tonight.
Go and look - EVERYBODY!
Although I'll also be posting in the A&L thread, I'll just let all and sundry know that I have just arrived back at house to find a single letter on carpet, part extruding, flap open. It is from the Bank, the glorious A&L who say my In Credit account with them closes tomorrow. The PO sorting codes(don't know what the stamped PO print is called otherwise)shows 26.10.06 and the envelope has clearly never been gummed down. It contains.......wait, for it........last January's Bank Statement, dated 1 February, 2006.
I have still received absolutely nothing from them following THRICE submitted(twice by fax from Branch, at their request)DAR's.
I will be in there again on Saturday - no chance this last fortnight as I've been covering for someone's hol.s @Charity where I volunteer(8-ish till 18h-ish at least).
I photographed this missive as it lay on the floor, then over, finally with close-up of postal sort date.
Upon which note I'll go and look at that Moon again - by such moments is the memory bank enriched(and NO Charges!)