Quick update

Have emailed/faxed both persons mentioned above. Have given them both a deadline of 3.30pm today to respond otherwise I commence enforcement proceedings immediately.

Will let you know how it goes.

Steve

Hello All

Another update.

Yesterday I sent an email to Susan Land at Wragge & Co informing her of the Judgement in Default and asking for immediate payment. I also faxed Alison Riley, Customer Services Manager for A+L in Liverpool, a similar message, informing her of the JID and asking for payment to be made.

Both messages mentioned sending in the Bailiffs if they failed to respond.

As of this moment neither have replied so now I'm thinking about the next step to take. Just thought I'd run this past the more experienced people on here. Basically, I'm going to send an email/fax to both persons again today, giving them until 3.00pm to respond otherwise I'll start enforcement proceedings.

Just for clarity, I applied for the JID on Monday 16 July and it was passed on the 25th July and I received the letter on 30th July. I presume enough time has passed to do what I intend.

2 questions;

If it comes to sending in the bailiffs, is it my local branch that I send them to or one of their head offices?

Will this test case have any bearing on my being able to do what I intend?

Thanks

Steve

Hello again

Quick update.

I rang Wragge this morning and had to leave my number as the person dealing with it, Susan Land, was in a meeting. I was told she would call me back.

After waiting til 3.30pm, I rang again but she is still unavailable (on a call) and no-one else was there who could deal with it. I've got her email address and will send her a message in a few minutes. I'm just wondering if anyone can offer some advice as to content/approach of the email. Should I use the pay up or else approach or be a little more subtle.

Also, does anyone have any experience of dealing with Wragge and if so, are they likely to try putting you off speaking to someone while they try and push something thru the courts.

Any help/advice appreciated.

cheers

Steven

Thanks for the reply Mimi

Hopefully, this is near to a conclusion now. Bit nervous about ringing Wragge's but should be ok.

Just hoping that nothing else crops up that puts a delay on it. If so, I'll have to get 'heavy' with them and use the bailiffs and the wasted costs order as leverage.

I'll get onto it and keep you informed.

Steve

Hello All

Another update.

I have just received the letter today from my local county court confirming the Judgement in Default I filed against A+L on the 16th July 07.

My next step now is to phone Wragge, the A+L solicitors to see about getting paid. I will mention sending in the bailiff's to see if that will help things along. Don't want to give them anytime to apply to the court for a stay etc.

I read on here the other day that someone actually rang them to see if they would settle out of court as the court date was close and they did. Also, they got paid the same day. So got my fingers crossed.

I'm gonna try and see if they will re-imburse me for charges applied to my account since I first filed my claim. They probably won't but no harm in trying

I'll be ringing Wragge within the hour, so that leaves enough time for anyone to leave any advice etc.

I'll keep you posted.

cheers

Steve

Hi Mimijane

Thanks again for your reply. It seems it's not quite all over just yet then.

From what I've read here and other posts would I be right in assuming that even tho the 28 days are up for A+L to put a defence in and even after submitting a 'Judgement in Defence', A+L can still submit a defence and have it accepted, thus prolonging it further.

I will go down to the local court and do the submission, then write to both A+L and Wragge informing them so and asking for payment a.s.a.p. and mention sending in the Bailiffs if payment is not received.

I will follow the legal route available rather than presume they will submit a late defence at some point. My understanding of it is, is that as they have not bothered with a defence they lose by default and I can carry on without need of a Judge's sayso in respect of sending in the Bailiffs etc.

cheers

Steve

Hello All

Another update.

Rang the local county court office last Friday afternoon and A+L have not submitted a defence The lady I spoke to advised me to send in a 'Judgement in Default' notice which I am going to do within the next hour and take it in myself.

So hopefully it looks like it's nearing a conclusion. A couple of questions.

After handing in the form, is there anything I should do, like wrie to A+L asking for my money?

Can I ask them to re-imburse some bank charges they've taken since I started the proceedings?

Can I get them to remove any adverse comments etc on my credit file?

How long before they make payment?

Any comments appreciated. Thanks as well to mimijane for your previous comments.

cheers

Steve

Hello All

Another update.

Today is the last day that A+L have to put in their defence.

As it stands, I have not received any indication that they have, no letters etc, and doubt there will be one waiting for me when I get home today.

So then, the questions are :-

Is it too soon to put in a Judgement in Default? I presume it is as if the courts only received a letter from A+L this week it would take them a few days to send a letter informing me.

What is the best thing to do? Should I wait another week to give any letters a chance to arrive? Any suggestions.

Thanks in advance for your help and replies

Steve

Hello All

Another update.

Went to local county court on 04/06/07 and filed my claim. Received a letter from the court on 12/06/07 confirming claim would be deemed served on A+L on the 13/06/07.

Received 2 letters on 21/06/07. One from wragge's, the A+L solicitor, with a copy of A+L's acknowledgement of their intent to defend and the other from A+L themselves with a cheque for £709, which included the previous offer made plus court costs of £120. This has been sent back with one of the rejection letters.

As it stands now, A+L have until 11/07/07 to put their defence in.

Any suggestions as to what to expect next. Plus a few questions.

What chance is there that A+L will settle on or before the 11/07/07?

If they put a defence in, how long before you get a court date and how soon after the 11/07/07 is the court date likely to be?

Roughly, what time scale am I looking at for this to be settled?

Any other comments etc would be welcomed.

thanks for your time/help

Steve

Hi, thanks to you both for your answers.

Everythings been printed off now, so just a matter of calling at my local office on my dinner break tomorrow to start the ball rolling. Here's hoping for a quick conclusion.

Steve

Another update.

Hello All

Tomorrow (04/06/07) I will be starting court action against A+L from my local court office. I will fill in and print off the N1_0102 from my own PC but want to make sure of a few things.

1) Do I just add the 8% interest amount on to the schedule of charges or do I need to print off the whole Excel list seperately and take that in as well.

2) I am not claiming OD Interest, will that matter?

3) I can still claim daily interest by multiplying Charges by 0.00022.

4) Do I put Bootle or Narborough for the Defendants address.

Sorry if they seem a bit obvious but just want to make sure.

Thanks

Steve

Hi

Thanks for that Vintage72.

Have just read yours and Emmas posts and will be sending in Rejection letter #3 as it was an offer for full and final settlement, but with no cheque sent or payment debited to my account.

I will also let them know I will be commencing court action on Monday 4th June. By then they will have received my letter and as mentioned above, the LBA timescale has expired.

cheers

Steve

Good luck Emma.

I'm virtually at the same stage as you. The time period for the LBA has expired, receiced an offer from them on Saturday for £589, (claim is for nearly £3k) and have just posted an update on here as needing a few questions answered.

Hopefully, we should both be sorted in the next few weeks.

Do you have a rough idea of how long it takes once they receive the court stuff?

Steve

Another update.

Hello

The 14 days for responding to my LBA expired on the 15/05/07. I have had to wait til payday this month before I can start the court action and pay the £120 fee. (claim is for just under £3K)

I received a letter off A+L on Saturday 26th May, which was an offer for a little under £600. In the letter they talk about the OFT reviewing the issue of account charges, they believe the charges have been applied in accordance with the T&C's of the account, if I accept their offer they will not close my account, their offer is made on an entirely ex gratia basis ... blah blah blah ...

Just a few questions:-

1) Is this just another standard reply letter.

2) As I'm at the stage where I can start court proceedings, should I go ahead and do it without replying to their 'offer' letter, or should I send the rejection letter in, wait a few more days then start the court process off?

I don't want to give them any excuse to have the case dismissed on the basis that I didn't reply to their letter but if I can go straight ahead, then I may as well.

Any other helpful comments are appreciated.

Thanks for your help.

Steve

Another update.

Sent in my LBA, signed for, on 30/04/07. They received it on 01/05/07.

Received another standard reply letter 05/05/07 saying basically, "we are looking into it ... you will have our response asap ... blah blah".

Will be spending most of today looking at starting the court action, which will be on 15/05/07.

Just a few questions:

Is it better to do it online or via your local county court office in person.

The amount being claimed is approx £2300, is there anything in particular to be aware of with this amount. Any other rules apply etc.

Once A+L receive the notice, how long does it take until they pay up.

Do you send it to their Bootle or Narborough address.

Any other bits of advice/help/info is appreciated.

thanks

Stevie

Another update.

Sending in my LBA today, 30/04/07.

Not much longer to wait now.

One question. I haven't mentioned about claiming interest back in my LBA, only my costs. Will this matter if I decide to claim it back if it goes all the way to court?

ta

stevie

Hello

I am also sending them the LBA today, Monday 30th April. I'm sending it to:-

Alliance & Leicester PLC

Customer Service Centre

Bootle

Merseyside

GIR 0AA

This is where you should send yours.

cheers

steve

Hi Ian, no problem

Thanks

stevie

Hello, another update.

Received a letter Friday 20th from A+L stating briefly:-

Our fees are reasonable ... OFT have commented on charges being unfair but applies to late payment fees for credit card payments ... discussions are ongoing between banks and OFT and A+L will review it's position ... have made customers aware of fees when opening accounts and through website etc so can't refund your fees ... will keep file open for 8 weeks blah blah blah ...

I presume this is just the standard reply to the request for a refund and it's just a matter of waiting until the 14 days is up then send them the LBA?

cheers

stevie

Cheers for that blimeyboy, that is what i was expecting to do.

Hi Ian

I hope it's only a fortnight, thought they would drag it out as long as they could. Why do you think only 2 weeks?

Steve

Just an update.

Sent my claim in on Monday 16th and they signed for it on Tuesday.

Asking back £2218. Think I'll be in for a bit of a wait til it's settled

Got new account opened so it's just a matter of following the great advice found here.

Cheers Ian, for the reply.

Much appreciated.

steviec

Hi

I received copies of my statements at the end of last week and am just about to send my claim in. Just a few questions if anyone could be so kind to answer.

Firstly, I am to be charged £50 on 12th April for unauthorised overdraft charges. As I intend to send my letter in tomorrow, 3rd April, can I include these charges as well?

Secondly, I wasn't going to claim back paid item charges, but chain chick's reply above seems to suggest that these can be reclaimed. Is that so? Can these also be reclaimed?

Thirdly, after getting reimbursed for charges and providing the bank don't close the persons account, what happens if that person incurs more bank charges in the future. Do the banks still apply these illegal charges or do they charge a lesser amount or none at all? Are you allowed to reclaim more than once? Just wondering.

Thanx in advance

steviec

Excellent news

I'll probably get something back off them in the next few days. I'll let you know.

Steven