Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I have been searching for the answer and not found anything so apologies if this is the millionth time it has been asked!
I have sent a prelim and lba to Alliance & Leicester. This morning I received a reply. Can I start court proceedings straight away or should I wait for the 14 days to be up?
The reason I ask is that I have an unauthorised overdraft with A & L of which 99% is their poxy charges and they are demanding immediate repayment. I am obviously not intending to pay a penny until they have refunded my charges. They are also saying that will add admin charges to my account.
No set reply to help you on this one I'm afraid as opinion is divided!
Some say wait the full 14 days as it shows you've been reasonable if it ever gets into court; others say they've given an answer and are unlikely to change their minds even if you give them the extra time, therefore its ok to go ahead at once.
So the choice is yours and yours alone. (Sorry if this is unhelpful.)
I think I'd be right in advising you to contact A&L in writing to tell them that the account is in dispute and that they should not take any further action on your account until the dispute is settled.
That way I believe you can ward off their closing the account; demanding monies; sending in debt collectors or defaulting you. (And if I am incorrect in any of this then someone will no doubt tell us pretty quick!)
If you're unsure what to say to them, posting a question on here will get you more advice from a mod, I'm sure.
Thanks for that. I will have to wait until the end of the month before I can start MCOL now anyway. That's a good idea writing to A & L telling them that the amount is in dispute. I will do just that.
What happens if they reply within 14 days?
to Alliance & Leicester. This morning I received a reply. Can I start court proceedings straight away or should I wait for the 14 days to be up?
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Re: What happens if they reply within 14 days?
Make sure you tell them it's the 'account' in dispute not the 'amount'. 