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.
I have filed my claim against A&L, using MCOL, and recieved their Acknowledgement of Service.
However, despite clearing my overdraft - charges included - before filing, clever timing has enabled A&L to impose further charges, triggering further charges etc. etc. I thought I had been ultra-careful but they still caught me out.
I imagined this might happen, and when I originally informed A&L of my intention to go to court, I reserved the right to claim any future charges that were themselves triggered by the disputed charges.
Am I right in thinking that I will now have to make a seperate claim for the new charges? Or is there some magic that will allow me to adjust the filed claim? Has anyone any experience of having to claim twice, and will A&L still fight after losing the first claim? It's really no skin off my nose to claim again and I'll tell them so, but it would still be nice to avoid the bother.
As far as I can tell, you can add the charges to this claim but there will be a fee for the adjustment, although I couldn't tell you how much this would be. If you were interested in doing it this way, I'm sure a phone call would get you the info.
Alternately, just start another claim when this one is over. They know you mean business, so maybe the prelim letter would be enough a 2nd time round, you never know your luck.
Have you opened your parachute account? Cos they will close your account in response to your claim.
I don't need a parachute as this is not my main current account. However, I am working on the wording of my response when they do this. Something like "Rather than argue about this - and bearing in mind the recent ruling against A&L by the Financial Ombudsman Service in a similar case - might I suggest that you save your time and mine by providing me now with a 'Final Decision Letter' which I can forward directly to the FSO?"
The fee for amending the claim is £35 (non-reclaimable) and court form N244 needs to be completed and submitted. It's probably not worth doing for just one charge.
The new chargs amount to £50, so no, not worth the hassle for a £15 gain. But assuming all goes well, I'll put in a second claim which should net me the full £50.
Is there any compelling reason not to do this? Might the court look unfavourably on a second, immediate claim, or do they understand that claim amounts can increase during the process?
I think they rely on it being a nuisance to claim to put people off doing it, (that and scare tactics!), but being an old hand at it it'll be a breeze for you if it has to go all the way!
I have written an acknowledgement and asked them to waive the subsequent charges (as they have not actually applied them yet, merely notified me of them), stating that will simply start again should they refuse.
As regards retaliatory closure, I got the standard "no liabilty" letter which include the implied threat of closure, so my reply contains this paragraph:
You state in your letter that you will be contacting me to discuss the future operation of my account. I am well aware that this means you will wish to close my account. Bearing in mind the recent finding and sanction against Alliance & Leicester by the Financial Services Ombudsman, and the comments made within that adjudication, I will naturally be lodging a complaint with the FSO should you go ahead with closing my account. If this is your intention, it is clear that further correspondence will not alter your decision, and to go through your in-house complaints procedure will simply waste my time, and your resources. I therefore suggest that you directly provide me with a “Final Decision Letter” which I can forward to the FSO.
So to clarify what day did you actually file on MCOL? Did A & L acknowledge it? Sorry it just isn't clear above.
Matt
19/02: S.A.R - (Subject Access Request) sent to A & L
20/02 S.A.R - (Subject Access Request) sent to HBoS
20/02 SAR sent to Capital One
21/02 Prem letter sent to RBS for £304
I filed a claim for repayment of charges using MCOL's forms and the claim was issued on 15/02. I recieved an AoS on 19/02, and now a cheque for the full amount on 01/03.
19/02: S.A.R - (Subject Access Request) sent to A & L
20/02 S.A.R - (Subject Access Request) sent to HBoS
20/02 SAR sent to Capital One
21/02 Prem letter sent to RBS for £304
General query re: MCOL. A&L
- charges included - before filing, clever timing has enabled A&L to impose further charges, triggering further charges etc. etc. I thought I had been ultra-careful but they still caught me out.
Reply With Quote
