Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Ockers v Allliance £5748.78

    Hi, thought I would post a thread as half my claim is with the Alliance and half with the Halifaxicon, totalling £11,000 amasing to think of all the things my hard working family has gone without over the past few years. We both work full time for the emergency services. We bring home a relatively good wage. I was left £25K in debt after my first husband left me. I am now settled with 3 young children. We have both struggled to keep on top of things and have over the years gone overdrawn, my bad credit means no overdrafticon of credit cards which has been good as now I only spend what I have. I began this quest after seeing a news report. Having calculated the amount owed it really really depresses me. £11,000, thats a wage!! I posted my letter and initial request on the 10th January, first class recorded delivery, they have not yet received it, I need to call back the Royal Mail again today after 2pm. I have really really struggled over the years to feed my family and keep uptodate with mortgage and council tax bills, i have had to date 2 attachment to earnings from the council tax, if my mum hadn't helped I would have lost everything I genuinely work hard for. My claim is over £5K but I'm going to go through the small claims regardless, no fast track, its going to cost me £250 in court fees which will again cripple us until this is sorted. Yesterday I received 2 letters from them saying that 2 items had been returned one for £9 and one for £4.75. They stated on the letter, which I must point out was identical to every other standard letter received that on this occassion they had not charged the standard £34.00. When i phoned to ask them why they said it was because the amounts were under £10!! so what!! Surely they cant charge £34 just because its over the amount, same letter, same system, same manpower just a different amount, cant understand it personally. I really hope they cough up and close my account as quite frankly, I will be best rid of them! I have a parachute accounticon with the Natwesticon who have always been good with me!! Im sure my next update will not be so long..... fingers crossed here goes.....

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  2. #2
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    Default Re: Ockers v Allliance £5748.78

    Hello,

    Best of luck with everything, the people on this forum are so helpful, even with the silliest question.

    I have just settled with A+L and its a great feeling. Just imagine what you will do with your money back!!

    Good luck and keep us posted.

    Kirsty

    Any advise offered is purely out of interest and personal experience. Professional advice is always recommended.

    Bank charges claimed:

    A+L - Jan 07 - ** Settlement cheque received **

  3. #3
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    Default Re: Ockers v Allliance £5748.78

    Thanks for your support, I have read through your thread and am cuffed to bits you won, if I get all this money back my life will change so much. If the Alliance haven't received my letter tommorrow Im going to resent it as I've waited a week upto now and still no signatureicon for my recorded post! I know this isnt goint to be easy but I will fight all the way, I will keep you posted


  4. #4
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    Default Re: Ockers v Allliance £5748.78

    Well, surprise, surprise the Alliance and Leicester did receive my letter before actionicon, I posted it on the 10th and they replied on the 13th even if the Royal Mail did say it hadn't yet been signed for!!!! Basic letter saying "charges applied correctly in line with terms yawn yawn yawn..... they appreciate my disappointment, which I might add is an understatement. So, spoked with my local county courticon who said although they had written back saying tough I should still wait the 14 days. As my claim is over £5K its going to cost a huge £250 to get it served. This is going to kill me because they then have every right to acknowledge the summons and they can take a further 28 days to lodge a defence. I really hope they dont as I',m not sure if I can manage £250 if it takes so long. I just want to ring them and tell them they have to pay up and not to put me through this....moan moan moan..... Anyway, bring on the 25th Jan x


  5. #5
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    Default Re: Ockers v Allliance £5748.78

    Hi
    If you sent the recorded letter to their customer services dept at the bootle address you will not get a signatureicon for it.I didn't either for 3 seperate letters but they recieved them all.
    Good luck
    Julia


  6. #6
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    Default Re: Ockers v Allliance £5748.78

    Hi Ockers
    My claim is over £5000, not sure wether to split it or go like you are.
    Cant believe the price though not too bad if we can get all our money back. What advise did you get?

    Thanks


  7. #7
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    Default Re: Ockers v Allliance £5748.78

    I have decided to write another letter basically saying its just not good enough and that I have now no other choise but to commence legal proceedings to get my money back, I am also going to put that as the claim is £5748 they will incurr court charges of £250 making it around £6,000. I think I will try and tempt them into a settlement of £5000 in Full and finalicon settlement! Worth a try. Not really bothered about the interesticon I just need the money without having to skint myself by paying the £250 court fees, which I do think are very very steep. I am going to download the correct template letter and crack on with it tomorrow, its worth a try!! The court did say it would be treated in the same way if it did go the fast track way the only difference being that I would have to appoint legal representation if the case was to go to trial again incurring more charges for the bank so reading through other threads seems a good bet all round for them to settle...... would be so nice to see my accout wherever it be in the black!!!!!!!


  8. #8
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    Talking Re: Ockers v Allliance £5748.78

    Don't worry about the total.

    We are fighting Woolwich/Barclaysicon for £11k. I did it in one so I am looking forward to them paying up. I put my N1 into the court this week so I now have the waiting game.

    Keep in there and don't let them scare you off!


  9. #9
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    Default Re: Ockers v Allliance £5748.78

    I have done next letter but included section saying amount over £5700 plus court costs and legal fees as it will go fast track...... I have asked them if they would make final settlement for £5000 in Full and finalicon etc. My hubby seems to think this sounds a bit dodgy.... does anyone have any comments I have put without prejudiceicon...... as dont forget they can make offers of payment so why cant I?


  10. #10
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    Default Re: Ockers v Allliance £5748.78

    just stick with the letter templates and follow the steps.
    I have claimed £7k from One banck already and now in the process of claiming against A+L
    One thing I have learnt is that you MUST follow the Step by Step instructions and use the letter templates.
    Dont worry that your claim is over £5k at this stage and do not make them an offer to settle


  11. #11
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    Default Re: Ockers v Allliance £5748.78

    Thanks Blimeyboy, as I have already sent the initial letter giving them 14 days before court action does this mean I now send them another letter or go straingt to court on the 25th, do I not give them another chance?


  12. #12
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    Default Re: Ockers v Allliance £5748.78

    Which letter did you send first?
    it should have been :
    Prelim Letter - telling them they have taken £xxxx and you are giving them 14 days to pay it back.
    Then after those 14 days send the:
    letter before actionicon (LBA) giving them a further 14 days to respond.
    At this stage they will either make a part settlement/ full settlement or nothing.

    If after 14 days they have not responded go onto MCOL and start your claim. On average 1 week after they have acknowledged the claim they pay up.

    If they have made a part settlement, go to the templates section and send them the response letter. If they offer you the full amount then accept it.

    Hope this helps


  13. #13
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    Default Re: Ockers v Allliance £5748.78

    hey ockers go the whole way i have already had my charges paid back from the Halifaxicon, the alliance and leicester claim i have in now (issued mcol 18/1/07) is for £3500, i know £250 is a lot to pay our however you will get it back and hooefully if you issue your court claim you will get it back within 4 weeks tops. i couldnt afford to pay my 120 yesterday really but i did on the satisfaction i will be getting a fat cheque soon!

    hang on in there hun you can do it!! dont give them the satifaction of keeping 1800 -2000 grand of YOUR money


  14. #14
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    Default Re: Ockers v Allliance £5748.78

    Ok, I have decided that however skint I am I am definately going to keep on track. lbaicon due on the 25th which then takes it to the 7th Feb when I will file at court...... £250 IS SO MUCH MONEY!!! Thanks again x


  15. #15
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    Default Re: Ockers v Allliance £5748.78

    not as much as £5748

    A&L S.A.R - (Subject Access Request) sent 6/10/06
    Chq cashed 18/10
    STATEMENTS arrived 27/11/06
    Prelim letter sent 29/11/06 £461


    Capital One X 2 S.A.R - (Subject Access Request) sent 12/10/06
    Cheques cashed 28/11
    Prelim sent 29/11 £276

  16. #16
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    Default Re: Ockers v Allliance £5748.78

    Thanks grog..... roll on the 25th I wont take any prisoners... I will rob Peter and Paul to pay £250. Support is great thanks, my total owing is £11K x


  17. #17
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    Default Re: Ockers v Allliance £5748.78

    All 3 of my claims are in now.

    Woolwich £11k
    Abbeyicon £5k
    Nationwideicon £1k

    I have two more SARicon's our there and have also started on my sisters in laws accounts.

    Woolwich N1 issued 15.01.07 £11k
    Acknowledged 01.02.07
    Defence Filed 15.02.07
    AQ Filed 21.02.07
    AQ Deadline 05.03.07
    Woolwich AQ late, given till 16.03.07
    29.03.07, Judgement rec, woolwich to pay up by 10.04.07
    Money received 16.04.07

    Nationwide MCOL issued 22.01.07 £1k
    Settled in full 05.02.07
    Account being closed
    Appeared on Watchdog 20.02.07

    Abbey Issue MCOL £5k 24.01.07
    Defence Filed 21.02.07
    29.03.07, AQ hearing set for 20.04.07 with other like cases.
    11.04.07, Full settlement letter received for £5,769.12

  18. #18
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    Default Re: Ockers v Allliance £5748.78

    Good luck ockers - you will get your money back if you follow the advice on this site. I have just recently received £1454 from A&L. Filed MCOL on 2 January and received my cheque for full amount plus court costs on 10 January


  19. #19
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    Default Re: Ockers v Allliance £5748.78

    Letter received today from A & L, their initial 14 days are up on prelim letter, they said again, no repayment...sorry blah blah blah. lbaicon waiting by from door to go recorded to both A & L and the Halifaxicon. This gives them their final 7 days before MCOL.......


  20. #20
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    Default Re: Ockers v Allliance £5748.78

    Received short letter in responce the lbaicon basically saying "comments taken into account, can confirm charges raised correctly, and that they are sorry this is not the response I had been hoping for....... how patronising..... but tough.

    AM GOING TO GET DOSH AND GO TO COURT EITHER TODAY OR TOMORROW!!!!!!!!!



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