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    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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A+L bank charges court claim **I WON**


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Hi i am currently clearing an overdraft with Alliance & Leicester balance at present is £600. I already have another account elsewhere but wish to pursue the bank for charges which at present are at least £5,000. Is it advisable for me to commence action now and ask them to deduct the £600 I still owe. Or should I wait until I clear the overdraft with them first. ( at present unable to pay the £600 beforehand). Anyone in the same situation or can you advise me.:)

As i am new to this site and can't believe how much help and info everbody gives. A very big thanks and if i do get any funds returned rest assured i will make a donation to this site.

 

Paula

Paula v Alliance & Leicester WON!!!!!!!:lol:

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Hello Karnevil, Thankyou for the quick reply. I understand what you have said but what I did not mention is my account was frozen because I went over my overdraft limit, only due to excess charges being added to my account and when I went to pay money into my account, I could not do so (paying cash at post office counter, message declined). Once home I phoned to speak to someone about problem and was told account now closed. Trouble then was could not pay in money with card, so had to go to building society and pay in cash to get cheque raised to send to Alliance & Leicester to get account under liimit. Now in an arrangement to pay off balance (£200 per month) of account.

As my salary now goes into building society account.

 

Do you still advise, I go ahead with claim for charges, bearing in mind the above information. Looking forward to your reply. Thankyou Paula22

Paula v Alliance & Leicester WON!!!!!!!:lol:

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  • 2 weeks later...

Update on my situation. Sent off recorded delivery 28.7.06 Request for repayment of charges totalling £5412. Received today (4th August) letter dated the 1st of August the "Sod Off" response. Do I sent my LBA now. Can someone advise me on this. Paula

 

 

Alliance & Leicester £5412.00

15.04.06 Prelim letter sent (£10 enclosed)

31.05.06 reams of A4 statements arrived. (6 years worth)!

28.07.06 Request for payment of charges sent.

04.08.06 Sod Off letter arrived!!!!

05.08.06 LBA sent recorded delivery!!!!!

11.08.06 Acknowledgement letter received today. (enclosed complaints procedure leaflet. guide to their 56 days to resolve matter!!!!!!!!

24.08.06 2nd Sod Off letter arrived!!!!!! (next step to complete moneyclaim, as soon as funds allow).

22.09.06 MCOL completed.

29.09.06 Acknowledged.

 

American Express £520.46

19.07.06 Prelim letter sent (£10 enclosed)

03.08.06 reams of statements arrived.

07.08.06 Request for payment of charges sent.

11.08.06 Acknowledgement letter received today.

23.08.06 LBA sent.

25.08.06 Cheque received today must have crossed in post (LBA sent 23.8.06) How easy was that!!!!!!!!!!

Paula v Alliance & Leicester WON!!!!!!!:lol:

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  • 3 weeks later...

Hello all readers!!

Copy of the letter I received from Alliance & Leicester after sending my LBA dated 5.8.06.

I write with reference to your letter of the 5th August concerning charges raised against your account.

 

Having had the opportunity to review the circumstances surrounding your complaint, I regret that your experience of bank charges has been a cause of dissapointment to you. Whilst I understand your reasons for appealing against the charges raised, I confirm that our previous decision not to refund charges remains unchanged, as the charges were raised correctly in line with our charging policy. I am sorry that I am unable to assist you at the time.

 

I regret that as the information recorded is correct I am unable to request an amendment to your credit file.

 

In accordance with regulatory requirements, I must advise that if I do not hear from you within the next eight weeks our file on this issue will be closed. I am enclosing our leaflet explaining how to progress this matter, either through our internal procedures or, if necessary, via the Financial Ombudsman Service, should you remain dissatisfied.

 

I shall be filing my moneyclaim, as soon as I have the funds to do so!!!!:mad:

Has anyone else received this wording from them? :confused:

Paula v Alliance & Leicester WON!!!!!!!:lol:

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The usual crap - just file your claim.

 

As to the credit information issues you should search for other posts detailing how to get adverse credit information removed - there are lots of them about.

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Hello to Everyone!!!!

Feeling good today just received cheque from American Express after only requesting payment. contents as follows:-

I refer to your letter dated 7th August, 2006 concerning the default charges levied to your account.

 

Whilst I appreciate your comments concerning the recent announcement by the Office of Fair Trading 'OFT', American Express maintains that our charges are fair

and reasonable and are avoidable by complying with the Terms and Conditions of our agreement with you.

 

In light of the OFT recommendation American Express has changed the charging policy with respect to default payments. Our charges vary according to product and account type and reflect the differing risks associated with each. The changes are applicable from 1st July 2006 and our previous default charges will not be amended.

 

We have informed the OFT that our default charges will be £8.00 on Credit Cards and £10.00 on Charge Cards. This reflects the costs involved in adminstering accounts in default, and is calculated in accordance with the guidance issued by the OFT on how to calculate default charges. This includes an amount reflecting the additional cost to us of funding borrowing on the customer's behalf whilst they are in breach of their payment obligations.

 

However, with reference to your request, as a gesture of goodwill we are prepared to issue a cheque. This represents the difference in the default fees between the pre-existing and new rates above.

 

Yours sincerely

 

Executive Office Manager

Quite happy to accept cheque for difference, as no longer customer anyway and I have no default recored on my credit file!!!

Paula v Alliance & Leicester WON!!!!!!!:lol:

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Paula, Just had the sod off letter from A&L but very different wording so it isn't a standard letter which is in some way good news! I have written a responce to them but wondered if there is any way I can get someone to read it through for me before I send it - it is two pages so maybe a bit too long for copy and pasting on here? - By the way - I'm new and only just started my claim against A&L but encouraged by all I have read here! Thanks guys!

:pSuzi x x

 

A&L - WON! - £5111.05

Halifax Visa repaid nearly £300 into defaulted card account!! At least I owe them less now I guess!

Halifax card cash account started then stayed!

Lloyds for a friend started then stayed nice letter though!

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Paula, I think it would be useful for you to start a thread in the Alliance and Leicester forum so you can get help from people in a similar position. Also start a thread for other claims you may wish to make in the appropriate forums.

 

I don't know if you have accepted the American Express claim or not, but personally I would probably hold out for the full amount. If you are happy with that fine as you must do what is right for you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hello Suziyh,

 

Read your message. I can understand why you wish to reply but I have followed everyone else and stuck to the template letters and kept to the

deadlines set. With the money I received from Amex, I am now going to send my moneyclaim off and all being well receive a larger amount from Alliance & Leicester. Wishing you every success with your particular case. I am feeling very confident that I shall get my money back soon!!!!!!! Best regards Paula.

Paula v Alliance & Leicester WON!!!!!!!:lol:

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That is good advice for Suziyh, Paula. Just stick to the templates. The letter you have is likey to try and deter you, but to date they have not come up with any explanation for the charges which hold water. If they had a genuine case they would have gone to court to explain it by now. Keep reading the FAQ's etc and start your own thread so we can follow your progress more easily.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

I have completed spreadsheet and have £5412.00 plus interest making total claim of 6556.55. Do I pay the £250 on MCOL and send one claim or do I need to split dates.

Can someone advise me please, intend to complete MCOL on 20.9.06 without fail. Paula

Paula v Alliance & Leicester WON!!!!!!!:lol:

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I have completed spreadsheet and have £5412.00 plus interest making total claim of 6556.55. Do I pay the £250 on MCOL and send one claim or do I need to split dates.

Can someone advise me please, intend to complete MCOL on 20.9.06 without fail. Paula

 

hi people are now not bothering to split the claim if its over £5k as they are paying out anyway. So its up to you read karnevils thread she got £11k back.:D

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There is a miniscule risk that if you lost you would have to pay the banks costs, but they still won't want to go to court so don't worry. Livelylad is right.

 

I have merged your threads by the way.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No you dont do anything else yet. Keep an eye on the status of the claim. Check tomorrow or monday to see it has been actioned by the court. if its ok it should say issued. then you just need to sit back and await the checque.

With mine they acknowledged the claim and i got a cheque a week later.

Your almost there now, hang in!!

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Hello Martin, Thankyou for your reply. Just panicking whether I had to send documents to the courts or not and hopefully I won't end up in the courts!!!!

I am so glad that I have joined this fantastic Action Group to help people in our situations. I will certainly be making a donation to this site, without whom, I would have gone along like most people and accepted the horrendous charges applied to my account throughout the years with Alliance & Leicester.

Even when I asked for an overdraft increase, I was told NO. But with charges being applied on charges, how can you win.

I now bank elsewhere anyway, still paying off the overdraft monthly (2 more to go with A & L). ( Then I will have pleasure in closing my account with the EDIT b"*"*"*"*ds).

I will post again when I hear from courts. Thankyou Paula

 

 

 

**Moderator Note: Edited due to libelous content.

Paula v Alliance & Leicester WON!!!!!!!:lol:

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Hello Anyone with knowledge!!!!

Gone to MCOL and my claim now says Issued 25.9.06. In the next box under 'Judgment' says "start", am I supposed to do anything else. Can someone please inform me. I have read all the pages on MCOL but still unsure on this one? Don't want to make a mistake after getting this far!!!!! Thanks Paula 22

Paula v Alliance & Leicester WON!!!!!!!:lol:

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It will change to acknowledged when they acknowledge the claim. After that they should dend you your money back.

Once you get your cheque, dont forget to ring the courts and tell them that they have settled in full and the case can be closed.

Reckon youll get it in 10-14 days now.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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dend? whats that?

think i meant send

 

LMAO

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Hello again Martin,

Got home today and I have received notice of Issue from the Northampton County Court in the post. Still can't believe that I may get my money back soon!!!!!! You reckon 10-14 days "whow" that would be just fantastic. It's a lot of money to get back, still very nervous about the whole thing, but I am quietly confident that it will work for me too!!!! Thankyou Paula

Paula v Alliance & Leicester WON!!!!!!!:lol:

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