Thread: Scorpio vs A&L

Hi all,
Bit of a late starter with this forum, my case is quite progressed already, I've summarised it as quickly as possible below but it seems quite a familiar picture based on other A&L threads I've read.

Highlighted summary of events so far:

Obtained details of 6 years charges from A&L in Jan 07 (approx £3700).
Requested they refund them in writing, not requesting interest at that point but stating I would do so if the matter went to court.
Told no chance by A&L.
Put in a claim via money claim online (£4200 incl interest)
Received a 6 page defence from Wragg & Co - I replied specifying each charge I was claiming.
Received a reduced offer from A&L based on £12 prinicple (£2046).
I declined this offer in writing.
A&L wrote to me with a default notice (I then managed to put some funds into the a/c to just keep within o/d limit). O/d limit is currently £2200.
The a/c is not now regularly funded due to transfer to "parachute" a/c so I suspect A&L will probably try and reduce o/d limit on this basis.
My case was transferred by Northamption court to my local court, advised that no allocation questionnaire required at this stage (nor additional fee)
My local court is facing severe backlogs, potential September hearing date most likely.
Judges from local court met up to decide what to do about the bank charge backlog issue.
I am awaiting the outcome of that judges meeting and my case is apparantly being reviewed by a judge this week-(pre hearing)- I was told by court staff that the judge will then clarify their specific requirements from claimant and defendant and write to us accordingly.

So.....

A&L are perfectly happy to play the waiting game in the belief that I will have no choice but to accept their dramatically reduced offer.

I also have employment history with A&L which may come into play if we ever get to a court hearing.

Anyway hello and good luck to you all in your cases.

Similar Threads:

• Scorpio vs Yks Bank - Help! Mine is unusual

Hi Scorpio

Good luck with your case... I do hope that the judges can sort something out for you as September seems such a long way off and I would imagine like everyone else you just want your money and the sooner the better! It will be a very interesting case with you having 'employment history' with them ..... I'm sure you'll be able to use it to your advantage!!

I'm claiming a similar amount to you and I've had a similar list of events. Just waiting on court date now although I've been transferred from Wakefield Court to Leeds Court so I'm hoping I may end up at 'Mercantile' which will be brilliant news....

I'll keep an eye on your thread - Good Luck !!

Regards

Scoobz

hiya scorpio,

i too have probs with court date, round here it will be about November. Dont know whats happening to claim as not even gone to judge yet!!

good luck with your claim

Thanks for the welcome and encouragement scoobz and dizzykate.

I've just found out that although a judge has now reviewed my case there is a 2 week backlog in typing up and sending out the directions (they won't advise me verbally).
I genuinely sympathise with the overworked court staff because I know they are inundated so I have held my tongue in order not to fall out with them. Its really quite frustrating knowing I could be progressing the case if I was in possession of the judges specific instructions.

Having said that I do need to appreciate my good fortune as dizzykate has demonstrated in her post (i.e at least a judge has reviewed my case). There are plenty of success stories here to keep us inspired to carry on.

Hi

Best of luck with your claim- I have just received defence from Wragges and offer of about 1/2 of my claim - which I am rejecting.

I was encouraged today to see a claim against YB settled outside the court at Hull ( which is the court threatening to throw out claims in favour of Bank)

My claim I guess will be transferred to Oxfordshire or Bucks - as I am on the border- but I have no idea what the backlog is like in this area.

We will be watching your thread with interest to see if you get an early result

Jansus

Wragg & Co have written to me again, essentially just to repeat their existing offer. There doesn't seem to have been a trigger for this, its just a "reminder" I can take the money and run I guess. Anybody else had multiple offer letters? I'm just going to send a rejection letter anyway.

Still awaiting word from the judge that reviewed my case.

I've now received a notice of allocation to the small claims track, my local court now appears to have a strategy for bank charge cases, below is the wording on my directions from the judge.

Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in thie Court which do not come to trial, and upon recognising that the Court's resources are finite, and of the Court's own motion

It is ordered that
1. The claim is allocated to the small claims track.
2 The claimant shall by 30 July 2007 file and serve on the defendant a schedule setting out each charge of which the claimant claims repayment, together with an explanation of the basis on which the claimant claims that each charge is unlawful or any other basis on which the claimant claims repayment.
3. If the claimant fails to comply with paragraph 2 of this order, the claim shall be struck out without further order.
4. The shall be stayed between 30 July 2007 and 27 August to give the parties an opportunity to reach a settlement.
5. If no settlement is reached by 27 August, the Defendant shall, by 10 September 2007 file and serve a schedule in response to the claimants schedule stating in respect of each item claimed:
a. pursuant to which, if any, contractual provision such charge was made;
b. if such charge is alleged to be lawful, the basis on which it is so alleged;
c. if it is alleged that the charge is a genuine pre-estimate of the Defendant's loss incurred as a result of the Claimant's actions (whether or not such actions are in breach of contract), all fact and matters on which the defendant relies as showing that the charges are a genuine pre-estimate of loss, including the defendant's positive case as to the actual cost of dealing with such actions; and
d. draft directions for the further conduct of the case, to be agreed with the claimant if possible.
6. If the Defendant fails to comply with paragraph 5 of this order, the defence shall be struck out and the claimant shall be entitled to judgment without further order.
7. If the Defendant complies with paragraph 5 above, the matter will be referred to a District Judge for directions.
8. This order has been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such applications must be made not more than 7 days after the date on which the order was served on the party making the application.

I'm not entirely sure whether this is good news or bad news for my case and I'm really not sure how to proceed. It seems I need to be able to comply with paragraph 2 (the hard bit for me) to put the emphasis on A&L , I imagine they won't be too happy to comply with paragraph 5.

I can produce a schedule showing each charge (in fact I've already sent one to A&L) but I'm unsure as to providing an explantion of the basis on which I claim each charge is unlawful.

Has anyone else received this kind of instruction and successfully proceded with their case? Can you offer me any advice on wording please.

Thanks jansus, I'll check the letter out as a starting point.

Hi

I think that it sounds pretty good. No I don't think that a full bundle is needed, just paperwork detailing the charges made to your account and paperwork to explain why you think the charges are unlawful, you can find details of these arguments in the court bundle. Then by the looks of it section 5 is telling the bank to explain why these charges are lawful, sounds like a little disclosure going on here. I bet you any money this case will be settled before they have to do Number 5.

This is purley my opinion, but it does look good for you.

Let me know what happens

Caza

I've taken the most relevant information I can from the court bundle and sent it as a statement of evidence with a schedule of charges to Wragg and to the court.

A&L have withdrawn all facilities and demanded the full and immediate repayment of my overdraft, due to the fact this is over £2000 I can't really comply. I guess this means I'll have a default registered against me. I've told Wragg that should I be successful in reclaiming my charges thus proving their unlawful status, I will take further legal action (damages/compensation)) against A&L for damaing my credit rating and harrassing me for charges that were unlawful in the first place. Not sure how I'll get on but I'll certainly give it a go (actually I will probably approach this through a complaint to the Ombudsman in the first instance with hopefully a court win behind me to validate my complaint).

In the meantime further charges have been added to my a/c, I don't want to make any changes to my existing court case because of its late stage (and its for considerably more than the last 3 months of fees), does anyone know if I can write to A&L to request these newer charges are refunded (effectively starting the process again for later fees) or do I have to wait for the existing claim to be resolved? I'm assuming they'll respond as before (saying get lost) and I'll then need to make another court claim.

I'm now effectively holding on for A&Ls response to part 5 of the judges directions, they have until 10 September. I seriously don't think they will wish to comply with the directions unless they want to reveal their true costs.

Overall, Looks like A&L have taken the lead in terms of aggression but I think if I stand firm (which I absolutely will) they will crumble, then from a position of strength I'll reclaim the initiative. That's the rough idea anyway!!!!! Then there's the small matter of my experience as a employee of A&L, there is a whole raft of skeletons in that closet (unfortunately of limited use in a bank charge case) to get my teeth into.

I seem to have written masses to ask a simple question (somewhere in the middle), sorry I'm using this thread as some sort of cathartic release at the moment but at the end of the day the outcome of this court case will decide if I have a good or bad year.