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I have been closely following CAG forums for a while and have taken my bank charges claim using the CAG templates all the way to issuing a court claim. I have today received my notice of issue from the court. The court originally told me they would be staying the claim but as i have received this notice it appears this is not the case!?!? or will they or the A&L now stay the case in the next 28 days??
I also received a letter today from the A&L's solicitors giving a notice of intention to defend with a photocopy of the acknowledgement of service they will presumably be sending back to the court. I think this is just scare tactics as they have no real reason or obligation to send this to me personally.
Would be interested to know if anybody has similar experience and when my case is likely to be stayed if at all
I received a copy of A&L /Wragge & Co defence today direct from Wragge&Co but still not anything from the court.
It basically states that the charges are not penalties and are not unfair. They want strict proof of the allegation that the charge is a penalty/or unfair.
It also states their are insufficient particulars of claim although my schedule of claim for charges has been issued to the court.
It basically then lists through all the different charges that can be applied to a current account and how much they are.
One of the charges that apply to my claim is the unauthorised overdraft fee. In the defence it is claimed that this amounts to £25 for the first day and then a further £25 if the customer remains overdrawn for five or more days during the month. I believe this to be incorrect. I have been charged £5 a day as an unauthorised overdraft fee.
I am looking forward to seeing if they have actually sent any of this into the court yet as there may be no point if they lose their appeal this week!!!!
Hi Darthweaver, i have also recieved today a letter from court stating that alliance and leicester intend to defend and also a letter from Wragg & Co with the information about their defence. They have also stated that the charge for going over your over draft is £25.00 for the first day and then a further £25.00 if the customer remains overdrawn for five or more days during the month. Just as you have stated i too have also been charged at £5.00 per day.
I'm not sure what happens now though as i have never done this before and am feeling quite nervous. Do you know if there is any advice or guidance on what you do when you go to court?
Bolton Combined Court automatically stayed my case and i am just playing the waiting game now for the stay to be lifted. I am pretty sure they would not have taken it all the way to court anyhow. I have read in the forums somewhere that not one bank has defended a claim yet.
I would have thought the same will happen to you whilst the test case is been decided upon. I think some sort of decision is going to be made in January. So will just have to see what happens after that.
I think the letter from Wragg & Co is just a standard letter that they haven't updated hence the reason why they are stating the £25 charge and not the £5 a day one.
They even had the cheek in the defence they have filed that my particulars of claim are incorrect. I have checked them and double checked them and there are no errors. They need to check the accuracy of their 'standard' letter of defence!!!!!
Hi, i recieved a letter from Birminghm county court yesterday stating:
The defendant responded to the claim indicating an intention to defend all of the claim. The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence. The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for servvice of documents Wragge & Co
They have filed there defence so im guessing that i will be going to court sometime soon. Have you heard anything?
Darthweaver v A&L
forums for a while and have taken my bank charges claim using the CAG
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