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

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Page 1 of 3
1 2 3 LastLast
Results 1 to 20 of 49

Thread: vincymum v A&L

  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Wink vincymum v A&L

    Evening all. I've just got my first response from A&L and I'm wondering if anyone else has received a letter with a similar flavour:

    'The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.'

    I shall now send off my lbaicon and see what kind of response I get. Will keep you all updated and will be seeking advice in the future. Is it normal forA&L to go to court stage for £242.50? Either way, I'm still prepared to take this all the way.

    TTFN (ta ta for now)
    PS. Have I managed to start a new threadicon? If not, sorry moderators, will try and conquor this technology stuff


  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Devon
    Posts
    9,526

    Default Re: vincymum v A&L

    Quote Originally Posted by vincymum View Post
    Evening all. I've just got my first response from A&L and I'm wondering if anyone else has received a letter with a similar flavour:

    'The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.'

    I shall now send off my lbaicon and see what kind of response I get. Will keep you all updated and will be seeking advice in the future. Is it normal forA&L to go to court stage for £242.50? Either way, I'm still prepared to take this all the way.

    TTFN (ta ta for now)

    Hi I would not worry about what they say, they will always try to show they are right. Just stick to your guns you will be fine.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Thanks lively lad for that. Just thought there was something I was misisng in that letter. I closed my account with them in 2003 but kept ALL of my statements. What stage are you at?


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Sent the lbaicon on 24th April 2007. Ammended the first line to say 'I am very disappointed that you have failed to respond to my letter of 4th
    april 07 by refunding the charges.'
    Put it in because they did actually respond to my prelim letter, but usual sorry can't help you line, cos we ain't done nothing wrong.


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: WAITING GAME? vincymum v A&L

    Hi I'm back again.
    I have followed the steps as set out in this website, sending an lbaicon, and then filing form N1 at my local county courthouse.

    I filed my claim on 16th May 2007, and I was very surprised to receive an Acknowledgement of Service notification from the cout which was dated 23rd May 2007. The surprise is that I received it so quickly. Also on the acknowledgement of service

    'the defendent responded to the claim indicating an intention to defend all of the claim......'
    'the defendant has given a new address for service of documents

    Bridle Road
    Bootle
    L30 4GB'

    Has anyone else received anything similar. When I sent my LBA I did not get a response to it by them. However Royal Mail are sending me POD hardcopy to proove it did arrive. I'm peeved that I haven't even had an offer from them (as yet!) Are these just scare tactics???


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    maxt2001 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    Posts
    36

    Default Re: vincymum v A&L

    i would imagine that they havent replied because they are snowed under and cant keep track at the moment. i would just sit tight. from what i have read on here A&L normally say that they are going to defend then pay up within a few days of this.


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Quote Originally Posted by maxt2001 View Post
    i would imagine that they havent replied because they are snowed under and cant keep track at the moment. i would just sit tight. from what i have read on here A&L normally say that they are going to defend then pay up within a few days of this.


    Hi maxt2001,
    OOOOhhhh lets hope they do pay up soon! Will keep you updated. Thanks for your input.


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Well, to date A&L have not made me an offer at all. My story goes like this:
    Sent prelim letter
    Received typical response to the tune of: sorry about your complaint, however.......... if I do not receive communication from you within the next 8 weeks I will presume the matter closed.
    So I sent the lbaicon.
    Nothing.
    So I filed claim form N1 at court on 16th May 2007.
    They acknowledged claim and have 28 days from 23rd May to defend the claim.
    Not heard a dicky bird since. Not even a sniff of an offer!
    BAS****Z!


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L NO DEFENCE WHAT CAN I DO?

    I filed my N1 on 16th May 2007. It was deemed served on 18th May 2007. They had until 01 June 2007 to file a defenceicon.

    I received Notice of acknowledgement of service dated 23rdMay 2007 from court regardingmy claim with A&L. 28 days are up, and they have not filed a defence. What can I do next?
    I don't want judgement by default becauseI do not want to give them an excuse to have the order set aside /stayed. Any suggestions please?:o


  10. #10
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Thame -oxfordshire
    Posts
    3,038

    Default Re: vincymum v A&L

    bump

    there is some information i think in step by step instructions about the court stage - but hopefully someone will answer you soon.

    did you file at local court? I hear the court staff can be very helpful.

    Jansus


  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Thanks jansus, I'll have a look. I filed at my local court using form N1 at Reading. I'll give the court staff a ring actually now its come to mind.

    Anyone else had A&L give notice that they are going to defend the claim, and then not even bother defend? what did you do next?


  12. #12
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Thame -oxfordshire
    Posts
    3,038

    Default Re: vincymum v A&L

    bump


    I filed mine by MCOL and recieved the 6 page defence really quickly -then an offer from A&L( rejected)

    So I am not quite sure what to say - maybe someone will answer you soon?


    Keep reading all the threads here to see if it has happened to anyone else.

    Jansus


  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    MimiJane Novitiate MimiJane's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    Staffordshire
    Posts
    761

    Default Re: vincymum v A&L

    Quote Originally Posted by vincymum View Post
    Thanks jansus, I'll have a look. I filed at my local court using form N1 at Reading. I'll give the court staff a ring actually now its come to mind.

    Anyone else had A&L give notice that they are going to defend the claim, and then not even bother defend? what did you do next?
    This has happened to quite a few people on moneysavingexpert.com and most have been able to apply for judgment by default as far as I'm aware and got their money. Yes, the judges may in some cases have given A&L/Wragge more time, but what have you got to lose? They are the ones in the wrong by not serving their defence; you have done nothing wrong.

    I recommend you apply for judgement by default ... it could well be the quickest way to get your money in full. The court should be able to advise you.

    Good luck and keep us informed.


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Thanks for that bit of advice MimiJane. I will request judgement by default on Monday. Strange though as I have followed all the steps laid out by this website. AnywayI don't care, as long as it results with some special bits of crispy paper in my account asap I don't mind too much.
    The people at court seem to be quite friendly so far, so I shall also talk to them when I take my request to the counter.
    Will keep you updated, and many thanks for the response.

    You are factually correct in that they have not filed their defence in time, there were no further papers that I needed to send to Bridle Road as they had requested & not the HQ.

    vincymum


  15. #15
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    MimiJane Novitiate MimiJane's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    Staffordshire
    Posts
    761

    Default Re: vincymum v A&L

    Quote Originally Posted by vincymum View Post
    Strange though as I have followed all the steps laid out by this website.
    This makes no difference, so have many other people who've not had defence papers ... A&L/Wragge are obviously inundated, or have intentionally "forgotten".

    Mimi


  16. #16
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus Highly informative jansus's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Thame -oxfordshire
    Posts
    3,038

    Default Re: vincymum v A&L

    watching with interesticon,

    Is Reading court close to you?(without giving info that A&L spies might see!)

    I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched )

    Jansus


  17. #17
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Quote Originally Posted by jansus View Post
    watching with interesticon,

    Is Reading court close to you?(without giving info that A&L spies might see!)

    I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched )

    Jansus
    Not entirely, a good 40-45 minute walk away. Reading has changed so much in the last 5 years or so. Everytime i go to the town centre, some new shop has opened, building gone up, buses changed etc...... I remember when Broad street wasn't pedestrianised, and Huntley & Palmers were still producing biscuits, and Sutton Seeds were still about.......Oh well times change...People have kids that they have to take to football tournaments in the rain, and mud on a Sunday. Really it was a laugh,and great fun. i'd do it again no problem.(football tournament, not the kids)
    You can tell me who you worked for, I'll still respect you in the morning LOL! hee hee


  18. #18
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    Quote Originally Posted by jansus View Post
    watching with interesticon,

    Is Reading court close to you?(without giving info that A&L spies might see!)

    I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched )

    Jansus
    Now the alcohol has worn off a bit, could the institution have been the '
    Prudential'? If so do not worry. I worked for them too for a short while as a temp.


  19. #19
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    vincymum Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Near a Pub
    Posts
    187

    Default Re: vincymum v A&L

    I think I have won
    Asked for judgement by default only to find out that A&L had already written to the court earlier admitting that all the money was owed.

    Filled in the form, and handed it in, signed.
    Will keep you updated as to when I get cleared funds, then I can make a donationicon.
    At first I was furious, but now I'm over it.
    Emotionally exhausted

    vincymum


  20. #20
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    MimiJane Novitiate MimiJane's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    Staffordshire
    Posts
    761

    Re: vincymum v A&L

    Quote Originally Posted by vincymum View Post
    I think I have won
    Asked for judgement by default only to find out that A&L had already written to the court earlier admitting that all the money was owed.

    Filled in the form, and handed it in, signed.
    Will keep you updated as to when I get cleared funds, then I can make a donationicon.
    At first I was furious, but now I'm over it.
    Emotionally exhausted

    vincymum
    That's great, so pleased for you. Keep us posted ....



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE