gargoil v Alliance&Leicester

[gargoil]

Am sending an "intermediate" letter before my LBA (not due till next week!) tomorrow in cas ethey think I am happy to settle for the £370 already paid to me! Now claiming £581!!

[saddler10]

Hi Gargoil, all the best with this, sure you'll have a result with this soon. I had the same problem waiting for information from before the A&L/MBNA switch. Took a lot of letter writing/phonecalls, eventually they settled in full the day I was due to start moneyclaim.

 

cheers, Paul

[gargoil]

Cheers Paul!!! The guy I've spoken to at A&L a few times while I was trying to get my statements/list of charges had a very defeatist attitude which filled me with confidence about reclaiming this no bother!

[gargoil]

LBA going out today!!!!

[gargoil]

Sent LBA today as the post office was shut yesterday. Am off a few days this now so am drafting up the court papers for this dated for the day after my LBA runs out just in case they don't pay up before hand. Haven't had a chance to really look at many other A&L threads so am not sure what stage A&L usually cough up at.

 

On a seperate note DL&Cs 42 days to comply with the CCA request runs out a week today!!

[caro]

They usually pay up just after they say they will defend.

[Lynn Newton]

Hi, Sent out my initial letter with bank charges spreadsheet on 19th September received response yesterday stating it doesnt apply to bank accounts, I have just posted letter before action. Have noted on my calendar 14 days so will then need to start proceedings. What is the process for this...can anyone give me advice???:?

[caro]

Hi Lyn

 

It is all in the FAQ's and forum libraries so keep reading there. Also start your own thread so that we can all follow your progress and help out if you have any problems that are not covered elsewhere.

[Lynn Newton]

Hi, I am not sure how I start my own thread can you assist?

[caro]

Click on this link and scroll down until you see the NEW THREAD icon and you are away. http://www.consumeractiongroup.co.uk/forum/alliance-leicester/

[david.m]

it seems this "accord and satisfaction " are relevent to this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/34168-accepting-offer-but-timescale.html

 

and dont forget this , if nothing else, to teach them a lesson perhaps?.

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/34109-i-but-alliance-closing.html

[gargoil]

Court papers posted out to the court today for £662.99 including interest.

[gargoil]

received an offer by letter this morning for £581 (total charges)1 day after my LBA was up and have already started court proceedings. they also want to pay it to DL&c where the balance of this account is. DL&C have defaulte don CCA agreement however.

 

I am sending A&L this response....

 

Dear Mr Johnson

Thank you for your letter dated 6th October regarding settlement for my claim for unlawful bank charges applied to the above numbered account.

Thank you for your offer of payment of £581.00. Please not that that this offer was received by me today (11th October 2006) which is one day after the deadline of my letter before action expired. I have already commenced court proceedings

You are now liable not only for the £581.00 in unlawful penalty charges but for 8% interest and my court fee as detailed in my particulars of claim. You should receive this summons shortly from Kilmarnock sheriff court. I attach a copy of the spreadsheet detailing these amounts for your reference although this will also be provided by the court in due time. The full amount on 11th October 2006 that you are now liable for is £663.99 & £39 court fee.

I will be proceeding with this action until this full amount is sent to me by cheque and the cheque has subsequently cleared. Payment to the owner of this debt that I am in a separate dispute with is not an acceptable resolution. If you ignore these summons I will apply for a decree for payment from the court. However please feel free to enter a defence if you are not in agreement.

I look forward to a quick response from you.

Yours sincerely,

gargoil

[gargoil]

Theire letter says this...(make sme almost feel sorry for them...not)

 

Whilst, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees, I note that you are unwilling to accept the recommendations set out by the OFT in their recent statement (What does this refer to?) Indeed we have already completed a goodwill payment of £370.00 in th elight of these recommendations. In addition, following the fact that your account registered as a default with the CRA's on 31 October 2005, and th efact we have not received a payment since 5th April 2005, we have incurred significant losses

Erm you sold the debt! I would hav econtinued to pay to you if youhadn't sold it so don't be complaining now you have received no payments!!!!

 

The letter goes on to say....

 

Although I am satisfied that we have acted correctly, and in accordanc with th eterms and conditions of your credit agreement, I have taken steps to credit your account with a further £581.00, as a gesture of goodwill. This action is taken on a without prejudice basis and in full and final settlement of this matter. We will liaese with the purschasers of your account to ensur ethi samount is removed from your outstanding debt

 

 

The outstanding debt is now with DL&C who have defaulted by not supplying the original signed agreement and hav enow commite da criminal offence.dealing with that seperately.

 

Am I doing the right thing by insisting they were too late and are liable for interest court fee etc. Am I able if required able to apply for a judgement from the cour tso they pay the amount to me rather than taking it off my balance to another company!!! Help!!!!

[Lynn Newton]

hI,

 

i HAVE JUST COMPLETED MY SPREADSHEET WITH 8% CHARGES ON. AM NOT SURE WHETHER TO DO MONEYCLAIM ON LINE AS I MAY BE ELIGBLE FOR REDUCED COURT COSTS OR FREE. DOES ANYONE KNOW WHAT THE CURRENT GROSS ANNUAL INCOME CUT OFF IS. I AM A SINGLE PARENT AND RECEIVE WORKING AND CHILDS TAX CREDITS. WOULD I BE BETTER DOING A POSTAL APPLICATION TO COURT SUBMITTING THE CLAIM FOR FOR EXEMPTION ON COURT FEES?? THANKS LYNN

[gargoil]

PLease start your own thread and you are more likely to get help that way!

 

I don't think the moderators will be too happy about your use of CAPS either.

[gargoil]

Above letter posted to Mr Johnson who has signed the received letter as assistant vice president! There pulling out the big kahuna now!!!

[gargoil]

Return date 8/12/2006

 

Hearing Date 15/12/06

 

Small Claims ref:- SA1211/06

[gargoil]

Got a barely audible answerphone message to call them, phoned up the number but the person who called me is not available, they are going to phone back later!

[gargoil]

oops!!! Apparantly I made a mistake calculating out the total of my charges and asked for £60 more but they are going to refund that anyway to me as it would be a lot of hassle for them to contest etc etc. They are sending out a cheque for the full amount plus court fee tomorrow!!!

[clanger]

Well done..............persistence pays off in the long run.

 

QUESTION FOR ANYONE!!

I'm about to send off my claim for £4999. My charges come to £5120 but i understand i can only claim up to £5000 in a Small Claims Court. What happens when I claim for the 8% interest on top as that will take it over the £5000?

 

Would it be better for me to put in two seperate claims, both with the 8% interest included or do i wait until the actual Court paperwork before i start adding on the interest claim?

 

I'm a little confused!!!

 

Thanks in advance for any advise given