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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    nicgould1981 Novitiate

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    Default What do I do now? Dilemma!

    Hi everyone, I am trying to claim back over £600 that Alliance and Leicester have taken from me in the last 6 months.

    I have been following the steps suggested and have filed a claim with MCOL. I'm really confused about this because when I filed it, it said they had 14 days to respond, which would be in 5 days time, but today I have had a letter from MCOL saying that it was issued on the 17th April, and they now have 28 days to respond! Does anyone know what this means????

    In the meantime A and L have sent me a cheque for £198, suggesting this is a reasonable amount to have back! So do I take it???

    I just don't know what to do and am confused and scared now! Any advice would be much appreciated!

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  2. #2
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    blimeyboy Novitiate

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    Default Re: What do I do now? Dilemma!

    It sounds like A&L have acknowledged the claim (which gives them 28 days to file a defenceicon).
    In terms of the cheque I would send it back to them with a letter found here:
    http://www.consumeractiongroup.co.uk...ng-offers.html

    What did the letter with the cheque say?


  3. #3
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    Default Re: What do I do now? Dilemma!

    1st calm down

    You don't say when your MCOL was completed on line so can't comment about 17 April

    After you issue they have 14 days to submit an acknowledgement followed by a further 14 days to submit a defence total 28 days. If they fail to acknowledge within 14 days or submit their defence after a further 14 days then you can apply for a default judgement.

    Although Northampton CC does seem to give the banks a lot of latitude in this regard when they shouldn't


  4. #4
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    nicgould1981 Novitiate

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    Default Re: What do I do now? Dilemma!

    Thanks so much Blimeyboy - I was feeling very confident about this until I got this letter and the cheque!

    Its a really long letter referring to the OFT, and saying that the charges were made in line with my T's and C's. However, in order to resolve this matter they are prepared to refund the sum of £198. This reflects the difference if the charges had been £12 instead of £20 to £30. If I don't want to accept it I can send it back to them. Oh and also they'll close my account if I don't accept this (which I'm already prepared for!)

    I really hope it doesn't end up going to court! Whats £600 to them?!!!


  5. #5
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    Default Re: What do I do now? Dilemma!

    Right yep they are trying to ofefr you a small proportion to go away.
    Send them a rejection of offer letter http://www.consumeractiongroup.co.uk...ng-offers.html

    Enclosing the cheque torn in half.

    Stick to the timetable

    You will get your money back but you have to be patient and follow the step by step guides to the letter.

    Lots of poeple on here will help and support you all you need.


  6. #6
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    Default Re: What do I do now? Dilemma!

    The £12 penalty is still unlawful unless they can prove it represents their liquidated losses which we all know they can't

    It's a figure plucked from the air by the OFT & at which level they will disgracefully not take action


  7. #7
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    nicgould1981 Novitiate

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    Default Re: What do I do now? Dilemma!

    Thanks everyone. So in general, do A and L leave it til the last minute before paying up? So what will happen next?

    It says they have 28 days to file a defenceicon - will they do this? I'm sure the amount of letters they've already sent me had cost them £600 already!


  8. #8
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    nicgould1981 Novitiate

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    Default Re: What do I do now? Dilemma!

    Right, Alliance and Leicester have moved it on to the next stage, and their solicitors have sent me a letter saying that A and L will defend the claim.

    What should I do next???


  9. #9
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    Default Re: What do I do now? Dilemma!

    Dont Panic, this is standard proceedure. They are trying to scare you into dropping the case. Stick to your timetable.
    When was your claim issued?
    When did they acknowledge your claim?


  10. #10
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    nicgould1981 Novitiate

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    Default Re: What do I do now? Dilemma!

    Thanks blimeyboy - can you tell me what the timetable is? (Sorry if I'm being thick!)

    I issued the MCOL on 10th April, and they acknowledged it on 18th April. Then I received the letter from the solicitors today.

    Do you know what happens next?


  11. #11
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    Default Re: What do I do now? Dilemma!

    Ok your time table is
    deemed served 15th April + 28 days for acknowledgement = 13th May.
    Basically its 33 days from from when you issue the claim.
    Now you should get your money before then or you can apply for judgement after the 13th May.
    Hope this helps


  12. #12
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    Default Re: What do I do now? Dilemma!

    So do i have to do anything with this solicitors letter?


  13. #13
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    Default Re: What do I do now? Dilemma!

    Just keep hold of it and file it with previous letters from the bank and all your letters to them plus statements etc. then sit back, make a brew and wait for the cheque

    One of the following will happen between now and the 13th:
    1. They will offer you a settlement figure - usually well below what they owe
    2. They file a defenceicon - you will get a copy from the court plus the allocation questionnaire
    3. They settle in full
    4. They do nothing and you go for judgement against them

    Just out of interset what did the solicitors letter say?
    And can I ask is you accounts still open with A&L


  14. #14
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    Default Re: What do I do now? Dilemma!

    They offered me a settlement figure on 18th April which I rejected because it was for £198 and they owe me over £600.

    The solicitors letter says 'We enclose a copy of our clients acknowledgement of service giving notcue of intention to defend' and its attached.

    My account is still open - can they close it without warning?


  15. #15
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    Default Re: What do I do now? Dilemma!

    It is likely that once you have got your charges back they will close your account ( they have to give you at least 30 days notice).
    I would open another account with another bank just in case.

    As I think I mentioned earlier the solicitor letter is standard issue. Basically they are trying to scare you into dropping the case.

    Hold tight and remember there are lots of people on here that will help


  16. #16
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    Default Re: What do I do now? Dilemma!

    Oh good, I'm in the process of setting up another account.

    They certainly scared me! Thanks for your advice - if it wasn't for you I think I would have backed out!

    Watch this space...!


  17. #17
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    Default Re: What do I do now? Dilemma!

    Thats why we are all here to help each other along.
    The scare tactics work for some but stick with it and think about how to spend the money.
    Best of Luck and let us know on progress


  18. #18
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    Default Re: What do I do now? Dilemma!

    More developments...
    In the post the other day I got another letter from A and L's solicitors, enclosing their defence. And attached is a 6 page defence!
    I'm getting scared again now - should it be ging this far?!


  19. #19
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    Default Re: What do I do now? Dilemma!

    Quote Originally Posted by nicgould1981 View Post
    More developments...
    In the post the other day I got another letter from A and L's solicitors, enclosing their defence. And attached is a 6 page defence!
    I'm getting scared again now - should it be ging this far?!
    Yes, nic, be prepared for it to go all the way.

    They want you frightened because then you may back down and they win!

    Don't give them the satisfaction. Stick with it and you will come out the winner. You've done most of the hard work, now all that remains is to hold your nerve.


  20. #20
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    Default Re: What do I do now? Dilemma!

    So do I need to reply to their defense?



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