Tamadus v A&L ***SETTLED IN FULL***

[tamadus]

prelim letter sent on July 12 and received by A&L on 14th.

 

letter received on 26 July saying they were looking into my concerns. Standard FOB letter received on 28 July saying the OFT ruling doesnt apply to banks and that their charges are totally lawful and fair etc etc. Consequently they will not be refunding me the £1262.11 that they owe me.

 

LBA going to them tomorrow along with LBA's to MBNA and Capital one. They should receive it on Monday so its highly likely that I will start becoming a regular at my local court house.

 

They wont even have the satisfaction of closing my account as I did that a year ago and got back over £600 in charges they applied for non payment of direct debits they were told NOT to pay because my new bank was picking them up.

 

One point worth noting is that the account was an old Giro account, I have been sending all letters to A&L office in Narborough but they always reply from Bootle.

 

LBA going 29 July 2006 right on target date.

 

Tamadus

[caro]

Looks good Tamadus. Just one word of caution. Don't take on too much at once when it comes to claiming. I suggest you try one out first and see how it goes before forging ahead with several as it can be quite daunting until you are more familiar and confident with how it all works.

[tamadus]

I realise that caro but I am so used to doing several things at once that it seems to egt easier as it progresses. Now I have the filing system set up its becoming almost second nature

 

My problems really began following my divorce, with trying to make payments to lawyers etc as well as maintain payments to CC and keep my bank happy.

 

A&L actually caused me a lot of problems by promising one thing and doing the opposite so taking them to court for payment will actually be a pleasure not that the rest wont be of course lol

[caro]

If you are ok with it then fine. Sounds like you are on top of things.

[tamadus]

Caro,

 

I think its getting time to register with MOCL and start working out the details of my claims. I am under no illusions any of them are going to repay the monies willingly and expect them all to stall as long as possible. Its become a game of avoidance to them all and I am ready and willing to play their game all the way ( I am a lousy loser at games lol )

 

This whole issue has nothing to do with money but is more about their abilty and willingness to bully and browbeat people who are in financial difficulty. If they are not in difficulty the banks seem more than willing to create a few for them.

 

Note to ANY and ALL banks, credit card and loan companies I have had dealings with over the last 6 years. It's PAYBACK time and payback can be a real b****

[tamadus]

No response yet from A&L following my LBA dated 29 July. Money claim form completed and ready to file on Monday 21 August. Not sure whether to add in postage and S.A.R - (Subject Access Request) costs at this stage so any suggestions as I am close to my character count on moneyclaim.

 

details of claim as follows

 

Claimant had an account xxxxxxxx with

Defendant from approximately June 1986 to

July 2005 conducted on their

standard terms and conditions. Claimant is

claiming the return of £1261.11 taken by

Defendant in charges and interest over 6

years.

The Defendant's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8

and sch.2.1.e. In the event that the

charges are not a penalty they are

unreasonable within the meaning of the

Supply of Goods and Services Act 1982 s.15.

Defendant has declined justification of

charges despite repeated requests.

Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 28th April 2000 to

21st August 2006 of £250.37 and also

interest at same rate up to the date of

judgment or earlier payment at a daily rate

of £0.33.

[tamadus]

Money claim filed 25 August 2006 as still no response to LBA.

[caro]

Let's hope you don't have too long to wait.

[tamadus]

Thank you Caro but I think we know they will enter a defence then pay up the day before court This lot are definitely getting a lot slower to respond. Not even an acknowledgement of my LBA which I posted 3 weeks ago. Ah well if they want to push the bill up its ok by me (8% interest + costs increased it by almost £400)

[tamadus]

claim acknowledged on 31 August 2006 got to wait now for their defence to arrive sometime in the next 28 days.

[tamadus]

Ok very strange phone call today from somebody who claimed to be handling a business matter for me. I refused to give personal details and told them to write to me. The call came at about 6:30 pm and sounded like a typical solicitors name.

 

Has anybody had dealings with the solicitors acting for A&L as I seem to recall the name from somewhere( it started Nueman blah blah).

 

I am sure I saw the name in these threads so hopefully they are looking ot make a deal as they have acknowledged my MC on 31 August.

[caro]

This is not the usual way that A & L claims go, and I would be surprised if they have solicitors working at 6.30 in the evening, and I don't recall anyone have any dealings at all with solicitors. I believe this is probably unrelated to your claim.

[tamadus]

Me to but the name did ring a bell somewhere and I cant find it on any of my other pending claims. Its always possible its a call centre or DCA trying to push their luck, especially as I have 2 CCA letters that go into default tomorrow

[caro]

I did wonder about a DCA but didn't like to suggest it in case I was wrong and you took offence, but it does seem likely to me.

[tamadus]

No offence taken Caro. If it is a DCA they are another one about to get a rocket where they wont like it

 

I have an S.A.R - (Subject Access Request) outstanding with GE Money which they received on 8/8/06, on the 31/8/06 they passed my file to a DCA. The SAR time expires on the 16/9/06 so by passing it over (and having cashed my cheque on the 10th) they are definitely trying to wriggle out of their legal responsibilities. I have told the DCA by phone the situation and I am following it up with a letter pointing out my 40 day timescale still stands and that the account is very much in dispute. Either the DCA can supply the data or GE money can, I dont really care which one I fight it out with

 

The strange thing about this call was he sounded very well spoken, and accepted immediately my request for no more phone calls, heck he even seemed to know the appropriate laws involved when I quoted them, also a DCA usually states what company the call is in connection with. This guy is either a totally new approach for a DCA or he is something more, hence my suspicion it could be a solicitor working late to try and catch up with the workload lol. whoever it was I should know in a couple of days. It was also an 0845 number which is classic DCA.

[caro]

Apparently many solicitors are taking on debt collection work, so that could be the case, and I imagine DCA's would work into the evening when people get home at the end of the day.

[tamadus]

Ok traced them down and the company is Newman and company and they are a DCA but I have no idea who they are working for. I guess I'll find out in a couple of days.

[tamadus]

Ok traced them down and the company is Newman and company and they are a DCA but I have no idea who they are working for. I guess I'll find out in a couple of days.

 

I received a letter from them today and they are working for Capital One. How strange I have already issued against Cap 1. Seems like somebody else want to stand in the line of fire now

[tamadus]

WoooHooo postman delivered a load of mail this morning and tucked away in the middle was aletter from A&L saying they would be in touch to discuss the future operation of an account I closed over a year ago.

 

More importantly a cheques for £1644.32 was enclosed in full settlement of my claim.

 

Can a Mod rename this thread to Tamadus v A&L Settled in full please

[Thailand]

Well done! and here was me thinking thier letters were computer generated!

[tamadus]

Nahhhhh they are all individual letters, but I can't figure out why the wording is the same

[Thailand]

Lmao

[caro]

Woohoo. Congratulations. I am well pleased for you.

[tamadus]

Thank you Caro and Thailand on with the rest now and I need to do the survey and donate

 

I never imagined how good it would feel to make a donation

 

wooooooo

[tamadus]

Ouch that donation hurt but probably the best money I have spent all year