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Hi Can anyone help me find out what I do now, I have recieved a letter from the banks solicitor with the banks defence, I have not recieved anything to fill out and send back, should I have done? also how do I find out how to prpare my case?
Anyone out there that can help
Thanks
Hi judelouise.............th ere are quite a few claimants on this site at the same stage as you. If you have not already done it , send a copy of your "schedule of charges" to Wragge & Co (if that's the agents acting on A&L behalf)
I forgot that i also sent two copies to HMCS.
These links may help..................
This is Michael Browns enormous effort via jansus..........
hi jl, write back to them and a copy to a&l quoting the following
"I believe that the regime of fees which your client has been applying to my account in relations to direct debit refusals, exceeding overdraft limits and so forth are unlawful as, amongst other things, they are a penalty on the basis of a number of the principles arising from Lord Dunedin’s tests (Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915). Further I understand that there is a compelling argument if not established case law that the terms of business adopted by banking organisations allowing for such charges may be impugned by the Unfair Consumer Contracts Regulations 1999
However if your client says that they are not penalties, then will you please ask them again, I have already asked Alliance and Leicester once (xxxxxx), to demonstrate this by letting me have a full Breakdown of the costs to which they have been put to as a result of my breaches, in order to reassure me that their penalties really do reflect their costs. The lack of such details is an obvious oversight from your generic defence dated xxxxx."
I'm in the same position on Saturday I received a letter from A&L solicitors, and today I have received a letter from A&L. A&L have offered my £432.00 including my court cost of £120.00, against a claim of over £2000.00.
What should I do? I not sure if I should write back to A&L saying no thank you and if I should write to the solicitors.
Sam,
Cheeky devils aren't they? Some receive offers at the top end of the scale, others at the bottom end. If you are happy with this offer, then accept it. If not . Go to the beginning of the forum and find a template for rejecting offers. There are several different ones there, just pick the one that suits your circumstances.
write back quoting the above. settle for nothing less than full amount. alliance in particular are on ropes. you could also put in a piece mentioning the fact that they failed to show up in court and quote this link in letter http://news.bbc.co.uk/1/hi/business/6250878.stm this refers to a bbc news item stating that a&l could not even bother to turn up in court.
tell them you want the full amount and will make a waisted time order when they loose and that you are not entering into any further negotiations regarding this matter on the grounds that they are settling with other customers on a daily basis and theyre offer is tantamount to harrasment and that you will also report them and their solicitors to the relevent authorities.
PLAY HARD. THEY ARE.
PS ALL ADVICE IS GIVEN ON A FREE AND FRIENDLY BASIS AND SHOULD IN NO WAY BE TAKEN AS A LEGAL POSITION.
Sorry Sam,
It's not that quick and easy. Just think of it as a Beautiful piece of sculpture that's being made, if not, howabout a cake. Both take time, and both give ample rewards at the end.
Alliance & Leicester defends their claim
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. Go to the beginning of the forum and find a template for rejecting offers. There are several different ones there, just pick the one that suits your circumstances.