3 issues: 1) If the wall you are working on is a party wall then you need to serve a notice on your neighbour under the Party Wall etc. Act - lots of links explaining this if you google the act 2) If it is not a party wall check out the Access to Neighbouring Land Act - again googling this will get you lots of results. 3) offer your neighbour the case of wine as suggested above

mmm me thinks my thread has gone for a burton

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.

Pretty much, yes. When they say the are putting you to strict proof they are using unnecessary lawyer language. They mean that you will have to prove that each and every charge was taken, what it was for and the amount and date - all information that they already have anyway. If you served your schedule of charges plus interest with the Claim Form you need do nothing. If you did not then you need to send them a copy of the schedule telling them that it sets out each and every charge and that you will be relying on it at any hearing. Also send a copy to the court for their file.

You ought to go to the meeting. You have nothing to lose and obviously are not obliged to agree anything with them. A dim view would probably be taken were a judge to be told that the bank offered meetings to seek a resolution and you refused to attend or to enter into discussions with a view to settling your dispute. This can even involve the court ordering that you pay the costs of the proceedings even if you win if the judge is satisfied that the matter could have been settled without the need for proceedings had you engaged with the bank to discuss settling your differences.

Hi T4FF. The situation for an executor is a little different. Your duty as executor is to get in the assets of the estate. This can include taking proceedings against a party against whom the deceased had a claim during his/her lifetime. However it is not always considered reasonable or proportionate to do so - this concern usually revolves around the costs involved and payable by the estate to pursue litigation. If a costly claim were possible but the estate was small then the cost might be considered disproportionate and the executor cannot automatically rely on his indemnity from the estate for costs incurred in carrying out his duties. Here, though, the claim is likely to be a small claim and therefore the costs exposure is very small and so even in a small estate it probably would be reasonable to pursue a strong claim for the benefit of the estate. The difficulty is that, as has been said, the Data Protection Act request only applies to living individuals and so cannot be made by an executor. However, if you have any old statements or other evidence (including your knowledge about your late mother's financial difficulties in the years before she died), you should write to the institution concerned and point out that you are satisfied that charges must have been applied to her accounts. Give them the opportunity to voluntarily provide the copy statements. If they refuse then your only option is to issue proceedings for recovery of penalty charges in an an undefined sum and ask the court to order that they disclose the statements since these are documents relevant to the claim and which are in the defendant's possession. You can even apply to the courtr for pre-action disclosure if you wish - seek advice from a solicitor or the CAB about this if you wish. If you think the amounts involved might be reasonably large then I would pursue it. There is certainly no reason in this case why a valild claim should not be made by the estate. And best of luck to you

I can't see how they can be stopped from closing the account. The terms and conditions of all current acounts that I have read are clear in that the account can be closed by either party at any time for any or no reason. I don't think the disadvantage/defamation/discrimination issues are a runner at all, to be honest.

If your claim without interest is under £5000 pay the lower fee If your claim without interest is over £5000 then you pay the higher fee I would wish you best of luck but with A&L you dont need it

As stated above send them a copy of the table of charges and ask them to justify their charges and provide a breakdown of the debt and the charges. Tell them that if they refuse you will copy the correspondence to the council and consider reporting the bailiff to the court that issued his/her certificate.

For brief details of claim just put "Return of Penalty Charges" In the text of your particulars of claim just fit in somewhere appropriate "...the Defendant has deducted charges to the account in accordance with the schedule attached to this Particulars of Claim." Then just staple it to the back of the Claim Form. If you are filing bu hard copy and not online make sure you send two sets of completed forms to the court - one for the court file and one for the defendant.

Blue eyes don't worry about the standard letter guff that they send out. A & L are the easiest in my experience. See my thread claiming my brother's charges in the A & L forum. Just follow the steps in the FAQ and you will definitely get your money. A & L have a publicly stated policy to repay all claims. They will also close your account after they pay you so make sure you have made alternative arrangements. It will go like this: Prem letter - we are investigating - LBA - Sod off - Issue claim - Acknowledgement of service filed - they will pay in full - they will at the same time say "as you don't agree to the T&Cs of your account we will be contactring you to discuss its future operation" - they will then write to you giving notice to close the account. Go get them

dont make a money claim. If I remember correctly a judgment of the employment tribunal can be enforced as if it is a judgement of the county court. Just speak to the court office about enforcement and they will tell you what your options are.

If I remember rightly they did say that - but they settled before they needed to answer it.

Brother received £5200 from A&L today. All sorted

Sorry for the absence from my own thread - been on holiday - new york - philly and then a week on rehoboth beach - now back at work Chrissielr - best to do them as separate documents

there must be some cost to them in terms of pence for each chargeable event. However, until they start charging that amount and can justify it then they will still have to repay all penalty charges. Good job too

I really wouldnt worry about it. If the matter ever gets before a judge you can point out the error and I'm sure he/she will allo an amendment there and then. Its not as if you've identified the wrong person. Just tell the bank and say that you will apply to amend the claim form at the hearing if required.

Congratulations - nice to see another win against CrapWest

Dont forget that A&L have publicly stated on the moneybox programme on radio 4 that they will pay all claims rather than litigate them. They will also close your account after they have paid you.

issued the claim last week for my bro - claim is just over 5k with interest and costs.

Surprise surpise If I was them I wouldnt want to answer it either. Sit back and wait for the money

thats a great result saigon - nice one

It just means that under the DPA they dont have to keep records of any maunual interventions - the fact that they dont have any records of manual interventions on your account is a great thing for you since the bank wont be able to justify their charges by saying they had to manually deal with each default (and in reality we all know they didn't, their computer did). This issue has been raised many times but I won't say search the forum - there are now so many posts per minute that posts get lost so quickly and if you do a search you get about a billion results

One day someone in a bank is going to read the report - when they do I hope they pay particular attention to paragraphs 1.19 and 4.21 and then maybe the'll stop spouting this garbage in their letters to customers.

Yeah I know what you mean. I am currently claiming back my brother's charges from A&L - the bundle they sent is absolutely massive. It must be 500 plus pages of A4. Went through it last week. Best of luck with yours