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



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  1. #1
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    sgar Novitiate

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    Default cheque received but........

    filed claim on 30/04/07 claiming £3676 in charges from alliance and leicester. on 05/05/07 received 2 letters one from A&L solicitors saying they will defend all of claim and one from A&L saying taking into account OFT review £12.00 is reasonable. It goes on to say that in order to resolve they are prepared to pay £3676 and a cheque is enclosed for this amount, however the cheque is for £1009. I have emailed them and refused this offer and telephoned them to say the wrong amount is on the cheque. The gentleman i spoke to at A&L said " it must be a mistake, all we are offering is £1009" The letter also says if i accept the offer they will continue to operate my account. do i inform the court of letter and cheque? Should i destroy, bank, or return cheque? Im certainly not accepting £1009.

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  2. #2
    ChloeJane
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    Default Re: cheque received but........

    Hi SGR,

    Glad you went from chat to a post!

    Ok , at this point you need to reject the offer in full as you are already at court stage.

    You would have to ammend your claim if you were to accept part settlement, so you need to return the cheque and enclose a letter of rejection.

    http://www.consumeractiongroup.co.uk...ng-offers.html

    Above is a link to the letter you can send. Template 5 or 6 is adviseable, depending whether the offer came from their solicitores or from the bank.

    You do not need to inform the court. You are refusing their part offer and clearly stating in the letter you are going to seek the full amount.

    So - cheque to be returned - with the letter from template 5 and 6. Just copy the letter template into a word document.

    Hope this makes it clearer.

    CJ


  3. #3
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    spacemarine Novitiate

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    Default Re: cheque received but........

    hi
    im interested to hear that they are allowing you to opperate your account if you accept a lower amount of money, does any body out there think this is a bit of a dodgy way to operate, its a sort of blackmail i really think they are stooping to a new low by trying to offer you a deal like this, after all its your money anyway.
    could any of our legal eagles comment on this, i really think their action is wrong.

    thanks


  4. #4
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    Default Re: cheque received but........

    i think its more of a threat than blackmail, im looking into the bank closure thing, recently the financial Ombudsmanicon ruled against a bank closing an account after reclaiming charges, ive already told A&L that im aware of this and will pursue if necesary. I,m also wondering as to where they stand regarding the letter i received which clearly states they are refunding £3676. No mention anywhere of £1009. not only me confused but seems them also.


  5. #5
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    blimeyboy Novitiate

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    Default Re: cheque received but........

    I would photocopy their letter, rip the cheque into 2 pieces send them a rejection letter stating the £1009 and that you require full payment of £xxxx
    STAPLE the cheuqe the rejection letter and a copy of their letter together and send it recorded delivery.


  6. #6
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    Default Re: cheque received but........

    sent cheque back today, photocopied it first, received email from them saying they have sent my query to specialist team.


  7. #7
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    Default Re: cheque received but........

    just been on MCOL to look at claim, says status of claim acknowledged on 08/05/2007, do i need to do anything now or just wait? also if they are defending all the claim why did they try to fob me off with a cheque for £1009, surely if they sent me that on 05/05/2007 (which was sent back to them today saying "no ill have the lot thanks") they are not defending all of the claim. Very confusing!!!


  8. #8
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    Default Re: cheque received but........

    received defence papers today, can anyone tell me what i need to do next, also got a letter from A&L solicitors saying that the full amount that was offered to me on 05/05/07 was a typing error and they are not prepared to pay the full amount of charges.


  9. #9
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    Default Re: cheque received but........

    defence papers are from solicitor, probably the same set sent to everybody about 6 pages long, they will send a set to the court or MCOL
    they make interesting reading they probably tell you you have not supplied
    detailed layout of charges ect,
    basically its the biggest load of old cobblers that you will ever read
    sit tight and wait for the details from MCOL of were they will transfer the case to then you should get a aqicon form to fill in
    there are quite a few threads with people in this position at the moment
    read these as there are a couple of good links to some usefull info


  10. #10
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    Default Re: cheque received but........

    Hiya

    Have had the defence and the aqicon but today also have had an offer of about half of the amount I am claiming, they used the £12 per item thing. I have emailed them back refusing it and asking why they offering diff between charge applied and £12 as this applied to credit cards and they have already refused repayment using the OFT ruling on credit cards as an excuse contradicting themselves offered to settle for very tiny bit less waiting to hear from them.


  11. #11
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    Default Re: cheque received but........

    Quote Originally Posted by dizzykate View Post
    Hiya

    Have had the defence and the aqicon but today also have had an offer of about half of the amount I am claiming, they used the £12 per item thing. I have emailed them back refusing it and asking why they offering diff between charge applied and £12 as this applied to credit cards and they have already refused repayment using the OFT ruling on credit cards as an excuse contradicting themselves offered to settle for very tiny bit less waiting to hear from them.
    Hi kate you need to post this on your thread.






    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.

  12. #12
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    Default Re: cheque received but........

    I am at the same stage as you - I filed my claim on the 3rd May and I received 2 days ago from the A+L solicitors - saying they are going to defend.

    Today I received the pack from the solicitors (defence pack) and also under separate cover a cheque from A+L for £2446 - I am seeking £5500 (incl 8% court interesticon).

    They have sent with the cheque the standard letter saying that OFT think £12 per charge is reasonable (but I notice that the wording is for credit card charges - not bank). They are obviously trying to scare us.

    Thank goodness for this site. I have returned today the cheque torn in 2 with the rejection letter number 5 on here and now we shall sit tight again. I will keep you posted.


  13. #13
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    Default Re: cheque received but........

    livelylad will do it now


  14. #14
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    Default Re: cheque received but........

    i have just read on another thread that if you call their solicitors wraggs up they will settle with you. they start of offering a paltry aount it would seem but if you hang in there it would appear that they will cough up. my partner is going to call they tomorrow. will let you know how it goes.....



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