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The book is easy to understand and clearly explains the rights
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Claim issued 30/04/07
Claim Acknowledged 09/05/07
(No allocation questionair recieved as yet)
Defence recieved today 17/05/07 (dated 14/05/07) from solicitors
All standard stuff i guess, but need advice on a couple of points if anyone can help please.
paragraph 2. This defence is filed without prejudice to the defendants contention that the particulars of claim disclose no reasonable cause of action and ought to be struck out pursuant to the provisions of the Civil Procedure rules part 3,4 and/or that summary judgment ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compeling reason why the case or issue ought to be disposed of at trial.
paragraphs 2,3,5,6,7,8,9 The defendant denies that the charges are a penalty blah blah blah
paragraph 10 INSUFFICIENT PARTICULARS OF CLAIM
The claiment has failed to particularise the claim against the defendent adequately or at all and the claiment is requested to particularise each and every charge that the claiment alleges the defendent has added to the acount,specifying the amount charged, the date of the charge and the explaination given for the charge. THE DEFENDENT REPEATS PARAGRAPH 2
MY FIRST QUESTION.. The spread sheet of charges was sent to the bank I have proof they recieved it, should I have lodged this with the court when I filled in the N1 form ? Or should I now send copies to the court and or the solicitors, I was waiting for the allocation questionare.
paragraphs 12 13 14 15 16 17 18 19 20 all go on about what the charges are for all standard these are admin fees ect ect
NOW THE INTERESTING ONE..
paragraph 21.. However without prejudice to the above, the defendent will refund and/or has refunded the claiments account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item.
MY SECOND QUESTION
I'm undecided wether to accept this offer or not but either way can anyone advise how to reject or accept is it via the solicitor, the court or bank.
Many thanks in advance and good luck to you all
No dont accept £12 - A&L are using this amoung because this is what the OFT set as a fair charge when they investigated credit card charges! I have b een offered £682 for a claim of £2,100 (twice) and I have turned it down and am now awaiting a court date. With regard to the insufficient evidence clause, you should have sent a schedule to MCOL to be lodged with your claim. I assume you sent a schedule with your original letters to the A&L? so now send a copy to MCOL asking them to lodge this with your claim write to A&L, and a copy to Wragge & Co with a covering letter pointing out that you sent these details with your original letters (dates & copies always help). I found an excellent template to use on this site but I cant remember where - try typing in "insufficient evidence" or "Wragge & Co" into the search box as that was how I found it. Dont give up, I am not afraid of going to court, I want all my money back, how dare they try and fob us off having already ripped us off!!
I claimed against A&L in Feb. They did not have Wragge working for them at the time.
The defence they put in was alot less in depth. However, I feel that the defence is a stalling tactic and they had no intention of turning up in Court.
They paid me just before the 28 days were up. They paid me in full with 8% interest. Over £4K is what I got.
I would hang in there, I know it looks daunting at this stage and that all the legal jargon looks bad, but they really cannot afford to go to court and state openly how much it costs them to back d/d or pay cheques etc. They make billions, your few quid back makes little difference. However, they need to be seen to be fighting.
Only you can decide if you want to accept the offer, if you want to decline, there are loads of template letters.
I have just posted a thread as I have received exactly the same defense today!! If you look at my thread you will see I also didn't submit a schedule of charges with MCOL but thanks to this I will!
Thanks very much all
I actually filed my claim at my local county court, so i shall be returning there to lodge the claim particulars (they say in there deffence that I haven't provided the defendent A&L with details of the claim but if they care to check they will see i have .and i have recorded delivery proof of this)
These stalling tactics just make me more determind to go all the way.
Mine is slightly different, check it out on my thread Jess v A+L, i have typed in complete defense for ppl to compare... they refute they are penalties in mine, claiming they are merely a service charge.
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Feels like a lost little girl x
Same defence for me too, received today. I sent a copy of my schedule of charges to MCOL and A&L when I filed the claim. Also sent a copy to Wragge (great name guys ) when they acknowledged, so guess the letter is standard, although they do appear the vary them. For example, mine mentions that I have an overdrawn account, and that should I win the claim (bless 'em) the over draught should be paid off (like buggery).
Oh and I also got the £12 offer, they can shove it, no, wait a minute, I'll shove it for them. If they thought they could win in court, they wouldn't bother to make this offer, it's a sign of weakness, let's get 'em!!
Oh and I also got the £12 offer, they can shove it, no, wait a minute, I'll shove it for them. If they thought they could win in court, they wouldn't bother to make this offer, it's a sign of weakness, lets get 'em!!
Recieved A&l Defence. Advice needed please
to the defendants contention that the particulars of claim disclose no reasonable cause of action and ought to be struck out pursuant to the provisions of the Civil Procedure
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) when they acknowledged, so guess the letter is standard, although they do appear the vary them. For example, mine mentions that I have an overdrawn account, and that should I win the claim (bless 'em) the over draught should be paid off (like buggery).