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)


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  1. #1
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    lucykirk2003 Novitiate

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    Question Lucy v Alliance and Leicester = HELP!!

    Hello all,

    I'm claiming the mere £260.00 back from Alliance and Leicester.

    I've sent the letter before actionicon and they've refused to pay up.

    I'm prepared to go to Money Claim online but was wondering if they're being this petty with everyone. It seems that £260.00 is only a small amount and it will cost them much more to defend in court.

    RBSicon Paid up after just 2 letters.

    Currently waiting for HSBCicon to submit defense but I am claiming £2000 for my husband!

    Your help would be appreciated.

    Thanks!
    Lucy

    Similar Threads:

  2. #2
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Alliance and Leicester still won't pay out. I can't afford to submit Moneyclaim until I've been paid

    Does anyone have any experience of having to take Alliance and Leicester to court over such a small amount?

    Lu


  3. #3
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    Andrew66 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    A + L will only pay you out if you issue MCOL. What normally happens is they say they will defend the claim but then pay out anyway. Don't forget to add on the interesticon at the court stage. Don't know how old your charges are but 8% can make a difference. Your court fees are refunded too.

    A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
    MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
    CCA sent 1st Credit 11th August, reply 15th Aug
    Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
    Still to come: Cap. One, Time retail, HFC Bank.

  4. #4
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Thank you Andrew. I'll issue the claim today then and see what happens. I've been lucky so far. My claims are small but so far have won:

    RBSicon - £250
    First Direct - £140

    Lets hope A and L pay out after MCOL then it'll be 3 out of 3. I've just got to keep persuing HSBCicon for my husbands £2000 claim!


  5. #5
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    I've issued my claim to Alliance and Leicester on 22nd January.

    It comes to £393.00 including court fees and interesticon.

    I really hope they pay up soon! I'm so skint and don't want any more bank charges as I'm with the Halifaxicon now and they've been great so far!


  6. #6
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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Keep goin lucy looks like your a veteran at this anyway

    www.bellyup4blues.com Just Go There !!!

    Woolwich Prelim Sent 5.12.2006 !!!
    S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
    16.1.2007 £1000 offer rejected
    LBA sent 31.1.2007
    N1 presented to Court 15.2.2007
    Won / Settled 2 days before court date
    £5200 plus int charges returned.

    All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
    2nd S.A.R - (Subject Access Request) sent 15.1.2007
    Statements received
    Prelim sent 31.1.2007
    LBA Sent 15.2.2007
    Won £1500 on receiving court date..

  7. #7
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Thanks. I'm very nervous about the HSBCicon Claim I'm doing for my husband. I used the MCOL text from the moneysavingexpert site and I've just noticed it's different from the one on this site. I hope it is ok and I've not done anything wrong. It will be just my luck and I'll lose out on the £120.00 court fee I've paid, and poss the £100.00 AQC fee if it gets that far.


  8. #8
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    Default Re: Lucy v Alliance and Leicester = HELP!!

    You'll probably get a letter stating they intend to defend, but you should then receive a cheque. Normally arrives on a Sat. morning!

    A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
    MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
    CCA sent 1st Credit 11th August, reply 15th Aug
    Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
    Still to come: Cap. One, Time retail, HFC Bank.

  9. #9
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Thanks! I hope so. It's only £393.00 but it's my money and I would like it back!

    Maybe next Saturday I'll have something positive to report!

    Thanks
    Lu


  10. #10
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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Hello everyone, I'm really scared now. Alliance and Leicester had till 10th Feb to acknowledge my claim, made on the 22nd of January.

    Today they've submitted a defense. They surely must be confident they'll win if they've done a defense so early when they didn't need to.

    Can anyone give me any advise please? Am I likely to be the test case we're all so nervous about.

    Has anyone actually gone to court yet with Alliance and Leicester.

    Am I worrying over nothing? Your help would be really appreciated...

    Thanks!


  11. #11
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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Hi Lucy
    try not to panic, easier said than done though............
    If you read through the forums, they do occasionally file a defenceicon, but it is generally just to buy more time, then pay up........ I filed my MCOL on the 24/1, so I am just as nervous as you, but we both needed to do this, its our money thay have taken and we want it, and are entitled to it back.
    Let me know how you get on, you may get your money this weekend.


  12. #12
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Thanks for your feedback. I just don't want to be the unlucky one!!!
    I'm sure it'll be ok though. At least with it being only £393 I won't have to pay out for the aqicon so I won't lose more than the £50 court fee!!

    Fingers crossed for us both eh!


  13. #13
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    Unholy Alliance Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Yes I did. And I won. The court order stated "the defendant takes no issue on liability...." Which means, I guess, that they had to accept that the law on which I based my claim was correct.They were given the opportunity to make their defence, but as they had already admitted that they owed me money in their defence, the point was already made.It also suggests that they must accept that what they did in appling those charges was knowingly unlawful.
    So dont worry about going to court. If youve done your paperwork properly you wont lose. Good luck!

    Quote Originally Posted by lucykirk2003 View Post
    Hello everyone, I'm really scared now. Alliance and Leicester had till 10th Feb to acknowledge my claim, made on the 22nd of January.

    Today they've submitted a defense. They surely must be confident they'll win if they've done a defense so early when they didn't need to.

    Can anyone give me any advise please? Am I likely to be the test case we're all so nervous about.

    Has anyone actually gone to court yet with Alliance and Leicester.

    Am I worrying over nothing? Your help would be really appreciated...

    Thanks!



  14. #14
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    Default Re: Lucy v Alliance and Leicester = HELP!!

    wow you had to go to court then? do you mind if I ask... was it for a large amount? or were you claiming anything unusual?

    Are they going to court often do you know?

    I will make sure I do all the AQC paperwork correctly just in case I also have to go.

    What was the experience like? Did they try and baffle you with legal terms?

    Thanks for your feedback.
    Lucy


  15. #15
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    Andrew66 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    They said they were going to defend my claim, but then paid up.I think it's a standard procedure.

    A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
    MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
    CCA sent 1st Credit 11th August, reply 15th Aug
    Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
    Still to come: Cap. One, Time retail, HFC Bank.

  16. #16
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Hi Andrew. You're right. I got home today and there was the chq! Great eh!

    They say they want to close my account, but who cares, I've not used the account for 4 years so I don't need it!!

    Going to put the chq in my account tonight and go for a celebratory drink!

    Lucy


  17. #17
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    2hapennys Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    WELL DONE LUCY, enjoy your drink.
    They have been quick.
    I hope mine goes ok.
    Congratulations


  18. #18
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    lucykirk2003 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    I hope so too! Fingers crossed that it'll come tomorrow!
    Lucy


  19. #19
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    Andrew66 Novitiate

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    Default Re: Lucy v Alliance and Leicester = HELP!!

    Congrats! Great feeling isn't it to know you've beaten them? Enjoy your winnings!

    A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
    MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
    CCA sent 1st Credit 11th August, reply 15th Aug
    Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
    Still to come: Cap. One, Time retail, HFC Bank.


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