thesergeant v All & Pester

[thesergeant]

Well, I'm awaiting a result with Crap1, so thought I might as well kick off with this lot.

Subject Access Request sent, they have cashed my cheque, so awaiting the statements etc. Should be a biggy as I did have many probs with this lot ......... All that practice on Halicrap and Crap1 should help

[Delboy01]

An old hand at this I see, keep going mate

DELBOY

[thesergeant]

Getting there Delboy

Got a letter from Crap1 today, after I sought judgment against them for failing to respond. Have paid partial settlement £400 short of my claim, they just don't know its "partial" yet

looking forward to All & Pester, bit narked that they'll close the account - but I hope to give them a "rough" ride

[Lil]

A&L have closed my account but not my husbands as its overdrawn. Don't know if this will apply to you but we claimed on both accounts. They do however keep charging £5 for not funding the account with the amount we should have going in there on a monthly basis so maybe this is why they have not closed it. Going to pay this off soon so we'll see if they close it then.

[thesergeant]

Finally got the statements through. Although I have LBA them for non compliance as they did not include any info about manual intervention, the statements only went back to August 2000.

They have rung me stating they DO NOT have any records going back prior to August 2000 ?

Anyway, my claim for charges alone is £3071.00. My big decision is whether to stick to charges and statutory interest, which will take my claim up to £4231. OR do I take myself out of small claims and go for "contractual" interest which will take my claim to £6005.00, there is an obvious risk with this though

Ummmmmmmmmmmmm ..................

[thesergeant]

Usual naf reply to initial letter, we're right your wrong, we pay you nothing.

LBA sent, I've updated the bit in bold from previous versions ............. I'll bet they'll make me a pitiful offer
<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<<<<<<<<<
I am very disappointed that you have failed to adequately respond to my previous letters to you.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.


I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Your regime of fees over the period of my claim is not lawful and therefore your terms of contract in this regard are erroneous. If you believe differently please supply all terms and conditions that have variably applied to the contract between us that have applied to my account over the said period, highlighting areas in which you believe you are entitled to charge such fees, together with applicable treatise.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.


I calculate that you have taken £3,071.00 in unlawful penalty fees which you have charged to me for various reasons. I enclose a schedule of the charges which I am claiming with this letter. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 30th April 2007.

Additionally you have entered default notices against my credit record. These defaults occurred merely in respect of unlawful charges levied by you or were the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.


I require repayment in full of this money and removal of the default notices. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

I am fully aware that there have been numerous similar claims against you, all of which you have settled after the claimants have instigated court claims. Such behaviour wastes the time of the court and the claimant, I would hope that you would wish to seek to settle this matter without recourse to the Court.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[thesergeant]

OK like many I have been rather lapse in continuing with my claims. However I finally got my motivation back and served a claim on Woolsnitch on Thursday for mortgage penalties.

So its back to All & Pester. I'm putting my N1 together today and will serve this week. Yes it will most likely get stayed but at least its in and done ready for the final Court hearing - that six year clock is ticking and the banks are rubbing their hands with the thought of money they will not have to pay out!!

[thesergeant]

My claim is in Chelmsford County Court served on All&Pester 22/4/09 they have until 6th May.

Bit surprised I thought the Court would have stayed it immediately. Wonder what would happen in All&Pester missed the date for reply?

[thesergeant]

What are they up to?

No they have not requested a stay they have acknowledged and sent me their defence from Ashurst LLP solicitors.

Now any one care to give me some advice about what to do next - Do you think they want me to go as far as AQ before they request a stay?

Thoughts/advice please.

[j.barton1]

hi, i got at far as court b4 they requested the stay, the first time A&L failed to show, but they had a lenient judge, the second time they sent their solicitor, who agreed to pay me out, just after test case!!! i have claimed 3x before and these just take the mickey....just dragging it out lol.

[thesergeant]

I have received their defence. Looks like I will be having to submit an AQ. Should I request a Directions for disclosure to try and force the issue.

Has anyone done one recently? The templates I can find are all pre-test case.

Any other suggestions that may assist me ............... Their defence looks like a template.

Could they still request a stay at this stage?

[j.barton1]

when i filled in the AQ it was pre test case so i dont know if any others are about, i requested disclosure too. The courts will probably stay the case, i got to my second day in court and they stayed it then, i was gutted

[thesergeant]

Update - case was stayed after submission of my AQ. Now waiting for the HoL hearing result etc.