Jayco v Alliance & Leicester

[jayco]

First post, been reading online since December... fantastic site !

 

issued LBA for £3161 ! on 18th April via secure email on A&L site

 

got this response 19th April...

 

"The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.

 

Discussions are ongoing between the banks and the OFT regarding current accounts and once the outcome is known, Alliance & Leicester will review its position as appropriate."

 

sent this back via secure email 20th ...

 

"I am unhappy with your response, and respectfully request, once again, that you return to me all charges imposed on this account, totalling £3161

 

My Letter Before Action dated 18/04/07 indicates that you have until 02/05/07 to respond before I commence legal action. My deadline remains the same."

 

got this the same day back ...

 

"I have taken the opportunity to consider the points you have raised and whilst I fully appreciate your comments, the situation remains that the charges were raised correctly in accordance with our charging tariff.

 

I appreciate this situation may be the cause of disappointment and I am sorry I can offer no further assistance with regards to this matter."

do i respond ? or just issue MCOL on 2nd May ?

 

thanks

[rory32]

MCOL on 2nd May as you've now got a definate NO from them. Plus they're talking bo**ocks as I'm sure you're aware. They have twisted what the OFT stated to their own ends to try and put you off. Penalties charges (rather than a charge which would cover their costs) are unlawful and well they know it.

[jayco]

thanks Rory, there is no problem with me doing LBA by email is there ?

 

Of course i am keeping copies of there responses, Prelim was send by post with no reply - as if i expect one! , but the secure email seems to get a quick response.

 

Just not sure if i needed to reply to there statements, you have put me at ease, thanks

[rory32]

E-mails fine, it has been used before rather than pigeon post by numerous people. It is perfectly acceptable to the court.

[jayco]

thanks

 

got to get claim stuff sorted now and prepare to submit on 2nd May

[jayco]

They emailed me today saying they had no record of LBA , even though they responded to it the day after !!!

[rory32]

That would a tough one for A&L to argue in court wouldn't you think. One hand says thank you for your LBA the other says we didn't receive it.

[jayco]

i emailed them back saying "how come you did'nt receive it, if you replied the next day ?" - and included it again with charges breakdown

 

they replied saying its been passed (again) to their specialist team and they will respond.

 

think i have given them enough correspondence and now am just going to file claim on the 2nd

[rory32]

Quite right........good luck with the claim!!

[jayco]

thanks rory32, seems a daunting task, getting more and more confident as i read more and more on this site.

 

going for A&L first (biggest claim)

 

got a A&L credit card, A&L Loan (both with CCJ's) Capital One card (£800 charges) and Lloyds account to chase after this one.

 

cant do all at once, will get too confused !!

[jayco]

Just got back from the court after filing my claim for £3161 + statutory interest , was up late last night making sure it was right, what's the next step ?

[jayco]

got court forms back - deemed to have been served 5th May

[jayco]

just got a letter with a cheque for £998 as full and final settlement

 

am i right in assuming that i cannot accept it as part settlement because i have commenced court action and send rejection letter 5 from templates ?

 

the other thing is that its in our joint account names and that account has been frozen by A&L !

 

thanks for your fantastic help so far !

[jayco]

Update ...

 

sent rejection letter, got an email back saying that Wragge anticipates that the court will give standard direction or fix a hearing date .

 

what does this mean ?

[chain chick]

I had letters and telephone calls offering less than the amount of the actual MCOL claim £3000 odd £4300 incl Interest.

 

They stalled and stalled and paid up just within the time for defence. So You will probably receive a cheque for the full amount soon, unless they take it to the wire, like they did with me.

 

I have just today put in an MCOL claim against Capital One. So I will see where that gets me.

 

Hang in there, they do pay

[langwell]

Hi

 

I didn't take A&L to court I went through the Ombudsman. That was very interesting. I feel you must make sure you use the word complain in your first letter - then eventually when they realise you are not happy!!!! they should tell you about the Ombudsman and send you a leaflet. I only found this out by a roundabout way from info my husband was given via the courts [he's claiming from Barclays].

 

I wrote to Ombudsman - more form filling - they wrote to A&L - A&L wrote to me said they would look into it - Hey Presto - a cheque for £1030. I only asked for £450 - so who's laughing.

 

Hubby went the whole way with Barclays - at the last moment they offered the whole amount in f&f settlement - £4500.

[jayco]

got acknowledgment and 6 page defense from them the day after the small cheque (forgot to say) but defence has not come from court yet? 14 days are up on 21st May

 

thanks chain chick and langwell

[chain chick]

I got that huge defence too. They then telephoned making silly offers and then when I said no. They sent me a cheque!!!

 

So like I said hang in there

[jayco]

thanks, I go from totally confident to bricking it, especially after I sent a cheque back for £998 (which I really needed) !

[rory32]

Hang in there Jayco - your the one in control. They'll give you your money eventually.

[jayco]

sent numerous charge lists, but they say i have failed to particularise the claim, emailed list of charges to Wragge yesterday again, they are asking for the case to be struck out.

 

claiming back to 8/9/00 and they say charges after 6 years are statute barred.

 

do i need to respond to them, or the court ?

 

They are also closing the account and sent a letter saying so 5 days after i asked for statements! the offer letter said that they would not close the account, but after talking to a member of the A&L management team they said that because i "don't accept the terms and conditions" they will be closing my account in 1 month.

 

first thing I did before sending SAR was open another account.

 

Can't express in words how helpful people are on here !!

[chain chick]

They tried to hit me with the 6 year time bar. They paid me too, I hung out even though it was only £10.00

 

I went back with

 

I have as requested enclosed full details of charges incurred since 01st February 2001. As under the limitation Act 1980 section 32 (1) the period of limitation shall not begin until the plantiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

 

Therefore my claim stands as per the attached list of charges. Interest however is accruing at a daily rate of 0.021% and will continue to do so until judgement or earlier payment.

 

I hope that this clarifies my position

 

 

 

So stick with it - They will pay you, including the 6 year thing

[jayco]

thanks

[buckbygirl]

I got a defence letter from Wragge today - any ideas what I should do now??

I have been following Martin Lewis's guidance and therefore haven't submitted a schedule of charges to the court yet (he doesn't tell you to do that!!). Do I send copies to them now and also to Wragge's. I haven't received their defense from the court yet but they have stated I have failed to particularise the claim or particularise each and every charge. However, I have sent A&L the schedule of charges 3 times now and I have quoted the account number on the claim so I am confused as to what they mean. Any ideas anyone??

[jayco]

I am in exactly the same position, but have submitted a schedule of charges to Wragge via email after recieving probbably exactly the same defence as you.

 

I also have not recieved the defence from the court, only the solicitors

 

My advice would be to send your scedule to the court and ask it to be attached to your claim, and also send it to Wagge to make sure (and keep copies).

 

they are just trying to scare you into giving up or acepting a lower offer than your claim.