hello.. i have just won my case against the A&L and i would say go to the next step and file at court. do NOT back down you will win. and it wont go in the court anyway as with my case they paid up 2 days before the court date.. that letter you recieved is standard and i also had exaclly the same you will get letters from A&L solicitors saying they will defend. and send you letters saying the defence. just stick to your guns and dont back down. we are all here to help you and dont be affraid to ask.ok..

i am going for my second claim against A&L...

good luck..

ok i will start a new thread... all about the second claim.. and good luck with your one. i am sure it will end before going to court.

do i us this thread to carry on with my second claim or start another thread.. ??

also. do i send exactly the same letters second time around as the first time around ?

and thanks everyone i couldnt have done it with out all of your help.

Sorry The 2 Post Above Are Meant To Be One Message.. !!

Wragge &co Asking If I Would Except Thier Offer. I Then Expalined Them I Already Had Excepted And That Was A Week Ago But Their Wasnt Any Money Paid In To My Account.. I Was Then Told They Were Going To Instruck Their Cliant And Make It Urgent. ...within One Hour I Checked My Bank Account And Guess What !!! The Money Was Their..

Now I Am Going For The Second Lot They Owe Me !!

well a VERY HAPPY UPDATE.

I RECIEVED TWO PHONE CALLS FROM

dont worry about going to court.. a&l settle with me today.. and i was due to go to court tomorrow 13th july.. i had two phone calls from the solicitors wragge &co and with one hour the money was in my account.

so please dont worry. it wo'nt happen..

let me know how things go all the same.. and good luck..

well money still isnt in my account so it looks like court this coming friday.

will let you know of the out come if nothing before.

can i just ask have you actually recieved the money from A&L yet ???? as i was made a offer and excepted it in principal but havent recieved it as yet. so i was wondering how long it takes.

DONT BELIEVE ALL THAT YOU ARE TOLD !!!!!!

well folks it isnt all GOOD NEWS.... i was told by wragge & co that i would recieve the money within 48 hours. that was on the 2nd July...well having checked my bank account this evening again still NO money has been debit by A&L.. that is now 3 DAYS in the waiting. so i am ringing wragge & co to find out what is going on. ALSO.........

I recieved a letter from the court this morning, i have to pay £65 for my judgement. more money that needs to be paid out... but at present the court date still stands for the 13th July at 2pm. and i will still attend the hearing date and time if no money has been recieved.

speak soon and keep fighting......

well today i have rang the court first. as asked for advice. i was told that my judgement was infront of the district judge. i then explained i had recieved a offer from wragge & co for the above amount. the court then adviced me not to stop the court hearing. but to tell the solicitors that once the money was in my account then i would ring and also write to the court to stop any further action.

I then rang wragge & co.. spoke to hina. the solicitor dealing with my claim. i told her i would except the offer made but was not stopping the court hearing until the money was in my account. where she explained it would be in my account within 48 hours. i also told her. that i had put in for a judgement. and told her that a copy of the letter was in the post for her files. she then asked me ( when is the court date ?) so i told her.. friday 13th july 07 at 2pm.

so all i can do now is sit and wait for the money to go into my account.

The i am going to hit them with the second claim. Immediately. as that is in the hundreds also.

will let you all know whe the settlement arrives.

keep up the good fight. and good luck to everyone.

Hi Jansus.

Firstly i havent got a clue. how they have worked it out. all i do know is that my end total would of been about £200 more. so i was happy when i recieved that letter. as it was worth losing the court fees to get the big amount back.

good luck with your claim and i really hope you win

well i recieved al letter today from wragge & co. this is what the letter said.

WITHOUT PREJUDICE.

We have been instructed by our client to offer £1597.50 which includes the court fee of £120 in full and final settlement of your claim

If you wish to accept this settlement offer, please ler us know by 4pm on the 6th july 2007, and we will then contact our client to credit your account accordingly.

we look forward to hearing from you.

your faithfully wragge&co.

one thing that was the original request and full total including interest. but this does not include court fees. But even so it is a good offer and one i am thinking of taking. I will be ringing wragge & co on monday morning. will let you all know of the out come.

well folks.

this has happened today (friday) absolutly nothing from wragge & co, there dead line was no later than 14 days before the hearing which was up today.. so this afternoon at 3pm i went and put my request for judgement in at the county court... all i can do now is wait to hear back from the court. if my judgement is granted. i will then send a letter that Bankfodder has already prepared saying about wasting the courts time.

I have also sent a copy of the request for judgement to wragge & co solicitors for their files.

will keep you posted once i have heard back from the court.

good luck everyone.

maybe a moderater could advice me.. or a sight helper please.

my main questions are.

can they take the money from my husbands account to repay my one

and

can they close my account while money is still going into this account. this would cost me my benifit if they do that.

do i send a letter to A&L stateing that i am in a litigation with them and that a copy of this letter will be added to my court bundel.

or do i shell out another £50 to shut them up. which would of given them a total of £100 this month alone.

I am not sure what to do with they above and any help would be great.

reading where they can take money form another account to clear my account...

I have a joint account with my husband. can they take the money from there to clear my own account. He is also taking action against them, but he is at the very first stage. and if they did what can be done to stop this. after all he is not responsible for my debts the same as i am not for his.. yes i have the money to do it myself, but i feel why should i when it was them that took me overdrwan in the first place.

right friends... i have today recieved this letter from A&L not sure what you will all think about it but to me it was a threatening. and sounded like the gloves were off.. let me know your thoughts please.

also... today wednesday still nothing from A&L solicitors only 2 days left then judgement wil be going in...

here is a full copy of the letter..

Dear Mrs. H

Although i have already asked yopu to clear the overdraft on your account, it is still overdrawn by £48.38... this does not include administration fees or debt interest that will now become due.

You must repay the debt immediately, otherwise further action will be taken which may lead to the closure of your account and legal action being taken against you. this could result in adverse information being recorder against you with a credit referance bureau, which may make it difficult for you to get credit facitities elsewhere.

As this is a serious matter you should not issue any further payments until your account returns to credit, also no fruther stationery can be ordered for you.

Please note that if you have a flexiplan or flexiplan plus account, withdrawal of your current account will mean that the poutstanding balance of the account will become immediately repayable in line with conditions9.2 of the flexiplan/flexiplanplus conditions of use.

In accordance with your account terms and conditions, any funds available in a linked currant or savings account will be transfered to cover the amount overdrawn, or will be used as a part payment.

Please note you can get help from your nearest citzens advice bureau or trading standards department, alternatively you can ring us on the above number to discuss this matter further.

RIGHT i would like to add these points,

1) £190 ( which is benifit for caring for my sick son) went into my account last monday i took £150 out leaving my account in credit. they then charged me another £50 in overdraft charges. This then took me overdrawn again. NOT me.. it was there actions that has done this. YET i get these letters. I feel so angry about it i could ring them and give them ****. then i think i will ignore it and see what they do.

it would be nice to hear your thoughts on this letter and what i should do... and can i had this letter to my court bundel for the friday 13th july.

will keep you all posted soon..

Know ing my luck i am the only one who has a hearing this close.. but i still havent heard a thing from wragge & co. they have until this Friday to send me their copy of the court bundle. which is 14 days before the hearing. and if i am right that includes the weekend. ie... (saturday & Sunday) not sure their to be honest if i include the weekends or not. BUT.. if i dont hear anything then i will file for a judgement. I will let you know if i hear anything before Friday....

speak soon

well just a short update... i have today post my court bundle to wragge & co solicitors. giving them a little more than 14 days before the court date. still havent heard a thing from them. not even recieved their court bundle yet !!... wonder if they ever will send one.. three weeks to go. that will soon be here. hope to report with some good news soon. well fingures crossed.

will keep you posted.. and good luck to everyone. keep up the good fight ~S~

Well it has been a few days now and nothing from A&L or their solicitors. buit then was to be expected. i know one thing the time is getting closer FRIDAY 13TH JULY 2007 WILL soon be here just hope it goes ok thou. but i think i am allowed some nerves at this point. like always i wil keep you all posted.

thanks for the rplies and i was relieved to see my POC was fine.. thanks

will keep you post as and when i hear more..

right up date.. i have today ( thursday) recieved my court date which is ( and you wont believe this but... ) Friday 13th July 2007 the judge has kept it in the small claims and he has allowed 15 minutes for the hearing. so it looks like it will be a in and out job. and not to long.which is a good thing, as i no the nerves will get the better of me once the day arrives.

i will once again keep you posted as to what happens.. and good luck to every one else with their claim.

sorry Mucth..

here is the full copy of my poc...

1. The claimant had an account 4********3 with the defendant which was opened on or around 11th october 1999

2. during the period in which the account has been opened the defendaint debited numerous charges to the account in respect of purported breaches of contract on the part of the claimant and also charged interest on the charges once applied. The claimant understands that the defendant contends that the charges were debited in accordance with the terms and conditions between itself and the claimant.

3. A list of the charges applied is attached to these particulars of claim

4. The claimant contends that.

a) The charges debited to the account are punitive in nature, and are not a qenuine pre-estimate of cost incurred by the defendant, exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant, and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the defendant which ecercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the unfair terms in consumer contracts regulations (1999) the unfair contract terms act 1977 and the common law.

5. Accordingly the claimant claims.

a) the return of the amount debited in respect of charges in the sum of £1477.50 and any interest charged thereon.

b) Court cost.

c) interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

6. alternatively, if the charges are a fee for a service, then they must be reasonable under s.15 of the supply of goods and service act (1982)

i beleive that the contents of these particulars of claim are true.

sign... lesh45..

dated 26/3/2007

Dear Mucth..

i have just been able to get back on line and noticed your message to me... i have had a look at my poc and it appears that one has gone over the six years. which the date of that one is 23/01/2001 if i have got this right.. poc .. you mean my list of over draft charges including the dates of overdraft charges, and the interest at 8%... or have i go tthis wrong....

if i am right how do i amend it and put it right . if i can . and it isnt to late...

readingthis to me... is can open up all sorts like . " the banks knowing if they go to court they will win just to bring this whole thing under control.. but then it is the claimant who has suffered at the end of the day by all the money they have lost, in bank charges.

would be nice for one to go to court all the same just to see the outcome of it..