SK v A&L **WON**

[steve kendall]

Hi everybody,

 

I have got quite far down the road on this, the story so far is:

 

1. Sent first polite request letter 22nd May. I have all my statements for last 6 years, so was easy to add up the charges from them. Gave them 14 days to respond before I would begin a claim against them. The total claim is just under £600.

 

2. 10th June - Got long, but no doubt standard, reply from A&L basically saying there's no error on their part, and 'hoping they'd resolved the situation'!

 

3. 24th June - I replied expressing disappointment, and enclosing copy of my completed N1 Claim Form to show I mean business and offering a further 14 days before submitting it for them to settle. I haven't done the interest sums because I didn't want to risk doing it wrong and being thrown out for that reason and it's not much. However, I have included 'and interest at such rate and for such periods as the Court deems just' to my N1 form.

 

4. Today, received letter saying that they are looking into it and will respond in another 28days.

 

So, I am prepared to stick to my schedule and submit the claim in a couple of days when the second 14 days are up, and have written telling them so, and pointing out that they've already had 6 weeks to respond.

 

Does this all seem OK to you guys?

 

BUT I also have a teensy question - I've filled out the form in .pdf format and printed in out, and very nice it looks too - but I don't know where to send it or how I get a Claim Number. I've tried searching every thread I can but I must be a bit blind! Thought I saw it a few weeks back, but can't find it now...and I think I have to enclose a fee with it, is that correct?

 

Thanks for your help, the site has been brilliant so far. And yes I will make a donation when/if they cough up.

 

Steve

[younganfree]

All seems fine so far, Steve.

 

Do you not have to take your form into the local court now? They will sort out the claim no. for you.

p.s. Are you sorted with a parachute account, just in case?

[steve kendall]

11/7 Quick update:

 

7 July - ANOTHER letter saying they'd reply within a FURTHER 28 days (strong smell of delaying tactics!)

 

9 July. I sent letter telling them I am going ahead with the court claim (and giving them an extra week just to show I'm being reasonable) and that after that there will be no further communications from me. Will take the form to court on Friday (14th)

 

11 July. Letter from A&L almost word identical the one they sent 1 month ago. Some paragraphs are word-identical, including "I must advise that if I do not hear from you in the next eight weeks our file will be closed" and "I do hope that we have now resolved this situation"!!!!! Do they expect me to reply with "Oh, right, that's OK then, you have completely convinced me of the righteousness of your position, how foolish I have been, I'll shut up now and go away" ?

 

Only 3 days til I submit the claim.

 

And yes, I have set up parachute account (with Smile) and also got a GE credit card that gives 3% cash back on food & petrol. Looks good to me.

 

Anyone slightly further down the road than me able to tell me what to expect after the submission of the court form and what the the timescales are likely to be?

 

Thanks

 

Steve

[steve kendall]

I'm checking this site almost daily - and there seems to be plenty of people starting new claims, and sending their LBA's, but I haven't seen anything recently about the part where you get to filing the County Court Claim form and A&L's actions in settling (or not).

 

Anyone done it recently? How long did it take? Did it get as far as court? If so what did they use as defence? Or is it simply that the stalling tactics have worked?

 

Thanks in advance to anyone who can supply this info.

 

2 days til I file the claim at court!

 

Steve

[younganfree]

Hey Steve.

From reading around the forum, the routine seems to be:- claimant files in the court; A&L write back saying they will defend; then they almost always settle before court date.

Apparently once the papers have been served, and a court action is up and running, the court case has to follow a prescribed route and be brought to a conclusion.

This can only be done by the bank/b.s. saying it will defend; turning up in court to receive a judgement or settling; then the claimant writing to the court acknowledging receipt of the monies.

Only then can the court draw a line under the case and put it away.

I've not noticed anyone saying that it is a long drawn out affair once it reaches the moneyclaim stage.

Hope this helps a bit. 8)

[steve kendall]

Many thanks for that. I just hope that I'm one of the 'almost always' that doesn't get to court!

 

I'm not worried about doing the stuff in court - I'm plenty used to public speaking, dealing with senior people, etc - BUT I am worried that they (A&L) defend those cases where they find a mistake or problem with the claim. If I've done something wrong in my court claim, not only would that be a bit of a disappointment but it could make it more difficult for other claimants by setting a precedent.

 

Probably worrying unneccessarily. Let's just hang on in there and see what happens.

 

Steve

[younganfree]

Hey, Steve.

Have a look at Weaver440's thread ["Ohmegod!!!!!" I think it's called].

She was nervous as anything, as she thought she'd made an enormous error in her Moneyclaim. Turns out it wasn't unsurmountable if it had had to go all the way into court - but A&L didn't take it that far.

I may be wrong, but I'm not sure they particularly want to fight. Seems to me they want to make it difficult, but if victims insist they pay up then take their revenge by closing the account.

As I advised Weaver - cross your bridges as you come to them dude, no point anticipating trouble.

[steve kendall]

Thanks again.

 

Claim form has been sent today to the County Court, with the fee of £80 (my claim is around £500).

 

Now for the interesting bit! Will add any details as they appear.

 

Am I right in thinking that after the court allocates a case number, I cease to use this thread and start a new one in 'cases pending' (or similar title that I can't quite remember)?

 

Steve

[caro]

Carry on posting here, but PM your case number which will be allocated to you by the courts, along with details, to a mod to post in Litigation in Progress. Take a look there and you will see the type of thing that is there. Have you taken a peek in the Statutes Library? All of the Acts you are quoting in your claim can be found there. You could either read up on them, or just pick out the sections you are quoting. This might help your confidence, but A&L have stated on the radio that they won't go to court, so I shouldn't worry too much on that score.

[steve kendall]

Thanks Caro,

 

Will do - but, please excuse my ignorance - what is "PM" and and what is "a mod to post"? I have been following this site for a long while now, but sorry I don't understand those terms.

 

Steve

[caro]

Thanks Caro,

 

Will do - but, please excuse my ignorance - what is "PM" and and what is "a mod to post"? I have been following this site for a long while now, but sorry I don't understand those terms.

 

Steve

 

Sorry Steve. If you click on User CP (Control Panel) on the toolbar at the top of every page, you will find Private Messages (PM), basically like an email can be sent. Mod is moderator, eg me or anyone with a green light by their name. Only Admin and moderators can put details in the Litigation in Progress section, so we have to post the details of your claim for you in there for you. Hope that clears it up.

[caro]

Thank you Karnevil. It is late you know. I seem to be making a mess of things today.

[younganfree]

little note for caro - moderators names are in green - the green light by the name means they are logged in...and every user has this .....

 

Have just noticed this. As they say, you learn something new every day!

[steve kendall]

Claim now issued. Details posted to moderator for Litigation in Progress.

Bank has until Aug 3rd to reply.

[steve kendall]

Well, here's the good news we all hope for: A&L have settled in full!

 

Cheque arrived Saturday - exactly one week after notifying that they intended to defend. Of course they never will, since if they lost (which they would) it would set a precedent and they'd rather make people do it the hard way. They appear to have added interest too, as well as the court fee. I've seen somewhere on this site something called an Allocation Questionaire. NOt sure if I have to fill one of these in (and if there's a charge?) Anyway, presume not as I have my sticky hands on the funds already.

 

I expect we all get to the point after sending in the claim when we think 'what if they decide to make a test case out of me?'. Well, I was quite looking forward to the prospect of appearing in court - especially as there are SO MANY cases detailed in this site where they have already settled that it would be very difficult to justify why one case could be any different. SO, if you are in the middle of this, my advice is - hang on in there, go through the right steps and don't be fooled by their delaying tactics, stick to your timescales and they WILL pay up!

 

But do open a parachute account. So far I'm very pleased with smile. Also very pleased with new GE Money credit card that gives THREE PERCENT back on all food and petrol purchases.

 

 

Thanks to everybody for your help.

And yes, I have already made a donation to the site.

 

Best wishes

 

 

Steve

[leebrannan]

CONGRATULATIONS STEVE

[caro]

Congratulations Steve and thanks for the thanks in your PM. Also thanks for the donation. There is a survey you can access right at the top of the page to add your winnings to the total.

 

You certainly won't be needing the Allocation Questionnaire though as that is for the courts, and we all know you won't be going there now.

 

Good luck in the future.