Thread: Advice Needed

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After hitting A&L with my claim last week via money claim, they have acknowleged my claim but have sent the following letter from a Jackie McGuirk, Solicitor Litigation Team.

The points they are making are -
No valid cause of action and my claim is incoherent
Asking me to amend my claim so that my cause of action is clear
Withdraw my claim fully or they will be applying to Northampton CC for my claim to be struck out together with costs of indication to by that application.

Advice on what to do plaese. Or are they trying to scare me off and should i hold my nerve.

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I basically put a claim in for unfair bank charges dated from Dec 2005 until June 2006 with a total of how much i am claiming back and with a statement refering to my initial (2) letters which began the claim.
Moneyclaim did not let me detail every item of my claim, it would only accept so many charecters in the particulars.

In the particulars i have

"28No various bank charges from Dec 05 to June 06. Totaling £783.00
A&L have full Breakdown of the details of my claim."


How do i amend my claim in needs be.

Hi there, when I filed my moneyclaim I used the template in the library but added my own details and condensed it down to fit on the moneyclaim form. It took a bit of doing as the character limit is pretty tight but it does contain all the legislation and legal stuff that I am making the claim under. I've copied it below and taken out my personal stuff but Jackie McGiurk acknowledged it with no problems or making any further comments on it so I am assuming it is ok. Maybe you could try and change your claim particulars by getting in touch with the moneyclaim helpdesk to something along these lines and then they would not be able to cause you any further problems.

The Claimant has had an account with the
Defendant since June 2001.The Claimant is
claiming the return of money taken by the
Defendant in the way of charges over the
last 5 years.The bank's charges are a
disproportionate penalty and therefore
unenforceable as they are contrary to
common law.Further,as a disproportionate
penalty they are invalid under the Unfair
Contracts Terms Act 1977 s.4 and under
the Unfair Terms in Consumer Contracts
Regulations 1999.Para.8 and sch.2 1e.In the
event that the charges are not a penalty
then they are unreasonable within the
meaning of the Supply of Goods and Services
Act 1982 s.15.The Claimant has repeatedly
asked the bank to justify their charges but
they have declined to do so.The Claimant
claims the return of the sum of £XXX.XX,
court costs and interest under section 69
of the County Courts Act 1984 at the rate
of 8% a year from (date of 1st charge)to (date of claim) of
£XXX.XX and also interest up to the date of
judgement at a daily rate of £X.XX.

Just realised that I have put the dates in wrong for the interest on my claim so will now be phoning them up to see if I can amend my claim particulars aswell!! Oh Well!!
Hope this helps you anyway and good luck.
Lesley