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  1. #1
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    Default Monkeyboy65 v A&L

    Evening Folks
    I've been lurking around here for a few weeks and have fired off all the usual letters. Got the usual fob off responses so MCOL started 08/05 for £1320 + £490 int. Offer received 09/05 (dated 07/05 so it looks like they're having to work on Bank Hols to keep up :grin: ) for £410 linking to the OFT £12 figure. They've tried to sweeten the offer by promising not to close my account if I accept.....wooooo. Rejection letter already on it's way to them.


  2. #2
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    Default Re: Monkeyboy65 v A&L

    Good for you.
    It's all YOUR money so go for it.
    The £12 figure is nothing to do with it. That is the figure above which the OFT will take action against the bank. It is NOT a cap.
    Don't settle for any less than the whole amount.

    Regards, Rooster.

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  3. #3
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    Default Re: Monkeyboy65 v A&L

    Quick update - 2nd offer rec'd today, with a cheque this time, but all they've done is increase it by £120 to cover my MCOL costs. I'll send the 2 halves back tomorrow. They've also acknowledged on MCOL today. Lets see what happens next


  4. #4
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    Default Re: Monkeyboy65 v A&L

    Hi , I am just subscibing to your thread.

    All the best - William


  5. #5
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    Default Re: Monkeyboy65 v A&L

    Another update....As expected they've filed a defence on MCOL, so it looks like I'm heading down the same road as most folks. Assume their defence will come through shortly. Hope it's nice and clear considering how many times they've photocopied it over the last few weeks . I've got a nudge letter drafted and ready to go once the defence arrives (subject to any last minute changes should they throw in anything new).


  6. #6
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    Default Re: Monkeyboy65 v A&L

    Defence arrived yesterday. The usual 6 pages by the look of it, going on about the charges not being penalties but fees for them providing bank services, saying I've failed to particularise the claim blah,blah,blah. The fact they've included a section headed 'Limitation' about charges over 6 yearsicon old is a giveaway that they just churn out the same old defence to everyone. All mine are well under 6 years old. Copy of my charges list will be on it's way to them with a nudge letter once the notice of defence comes through from the court.

    Quite a gang of us seem to be at the same stage just now.....getting a bit exciting isn't it :-|


  7. #7
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    Default Re: Monkeyboy65 v A&L

    Hi Im at almost the same stage as you now just awaiting their defence to come through but i can honestly say im not feeling excited! Anger is the one thing keeping me going at the min.
    Good luck with yours i ll keep an eye on your thread to see how its going


  8. #8
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    Default Re: Monkeyboy65 v A&L

    Received a 'Notice of DIRECTIONS' letter today. A directions hearing has been set for 15 Aug by way of a 20 min telephone conference. Time for me to start trawling the threads again to work out what I need to do to prepare for it.


  9. #9
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    Default Re: Monkeyboy65 v A&L

    Quote Originally Posted by monkeyboy65 View Post
    Received a 'Notice of DIRECTIONS' letter today. A directions hearing has been set for 15 Aug by way of a 20 min telephone conference. Time for me to start trawling the threads again to work out what I need to do to prepare for it.

    A telephone conference. Thats a new one on me - did they tell you what you have to have with you before hand?

    If I was you I would look at the Judge XXX of Rhyl strike out.thread

    Maybe you could say " with all due respect your lordship you may be able to save wasting your courts valuable time by considering the strike out by his honourable judge XXX" As alliance and leicester have taken a minimum of xxx (damn i will have to check the number ) cases on CAGicon alone to court and have settled them all before having the courtesy to appear at all"8-)


    just a thought:grin:

    best of luck

    jansus

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


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  10. #10
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    Default Re: Monkeyboy65 v A&L

    Here is the link I was talking about

    Jansus



    http://www.consumeractiongroup.co.uk...ight=judge+xxx

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  11. #11
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    Default Re: Monkeyboy65 v A&L

    Hi Jansus

    Thanks for the link, a useful bit of info that I might include as you suggest. I'm planning on giving the court a quick call before I do anything as they've not given any indication of what's expected from me ahead of the call. Only obvious action included in the notice is that Wraggs have to make all the arangements for the call.

    I've done a quick search on here and haven't found much about tele conf hearings......have I managed to get myself involved in a ground breaking case??

    I'll post details if/when I get them.

    MB65


  12. #12
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    Default Re: Monkeyboy65 v A&L

    The only one I read of was on a very complicated Nat west thread (thread closed) it was for a high amount and unusual circumstances as the defendant had offered to settle -then changed their mind at the last minute.

    I am bumping your questionup - to see if anybody else have heard of this.


    also - and DONT GET WORRIED - if you think you have to verbally put your case - you have breached your contract - therefore they are penalty charges - read "Lloydsicon case lost" I REPEAT do not get worried read for info only including link backs. (one case amongst thousands and another bank!)
    Janus

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  13. #13
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    Default Re: Monkeyboy65 v A&L

    Hi Anyone,

    I've sent wragges a letter asking them to confirm they'll set up the call as directed by the court. Combined it with a nudge offering to settle for 'slightly' less than full claim. Hopefully this will show the judge that I'm trying to avoid unnecessary use of his time.

    Should I send a copy to court now or just mention it at my direction hearing if it gets that far? Also, does anyone know if it's appropriate to send the 'Draft Order for Directions' ahead of my directions hearing, as suggested in http://www.consumeractiongroup.co.uk...r-28-days.html???

    MB65


  14. #14
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    Default Re: Monkeyboy65 v A&L

    hey you seem to no what u doing ive sent my first offer back of £995 claiming £3400 awaiting court date, but just sitting back whats next step please


  15. #15
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    Default Re: Monkeyboy65 v A&L

    Anyone got any thoughts on my questions


  16. #16
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    Default Re: Monkeyboy65 v A&L

    18th April 2007 18:46
    by thereshope!
    Instant
    GOT A COURT DATE? A guide to the later stages


    You must be asking complicated questions as no-one seems to be coming back to you

    I am not as far as you but I think I would keep reading up on the cases that you would be using in your final defence and be prepared for the banks defence "they are not penalties " "not breaches " etc - have a mini script ready . I would not do anything else until after the phone conference as I expect the judge will decide on final directions after that when he decides whether the banks are likely to defend at final hearing .

    Have you managed to get onto WIKI yet.

    Some up to date info on there.

    Only personal opinion - not advice

    bump - for other opinions

    jan

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  17. #17
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    Default Re: Monkeyboy65 v A&L

    Hi Jan

    Thanks for the reply. Yeah, I wonder if it's cos I'm lined up for a telephone hearing for directions that's stopping me getting replies. It seems there's not many of us around.

    Suppose I'll just have to keep reading ... and hope that I come across a thread that has a similar scenario re a directions hearing where someone has nudged sols and/or sent draft directions to the judge before the hearing.

    ....right, which banks forums haven't I done the rounds of lately....bye

    MB...(on a mission )


  18. #18
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    Default Re: Monkeyboy65 v A&L

    I joined your mission

    found these links - sorry have not had time to read them but when I see michael brownes name on a post I know there is good info.

    telephone hearing - and beyond

    Legal Arguments in support of Claim

    did I win?

    jan

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  19. #19
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    Default Re: Monkeyboy65 v A&L

    Hi, I had a direction hearing and the judge ordered one person to have a teleophone hearing. The solicitors must have them often, but the judge told them to include the claimant, they must be a bit more frequent now??
    Jenny


  20. #20
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    Default Re: Monkeyboy65 v A&L

    Hi Jan & Jenny, thanks for your efforts and advice.

    I think we've tracked down most threads that cover hearings via phone conference now. Seems they're more or less the same as normal hearings so I'm just going to treat it that way. (It'll be interesting to see if A&L do the same cos they didn't bother to turn up at Jennys direction hearing at Mercantile last month)

    So now I'm just looking for answers to my 2 questions:
    1. Should I send a copy of my nudge letter to court ahead of my hearing?
    2. Is it appropriate to send a 'Draft Order for Directions' ahead of my hearing?

    Oh...I've just come across Jennys thread covering Case Management Info Sheets....is this more some research for me to do? Will I need one of these :?

    MB



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