Beserker v A&L ***WON***

[Michael Browne]

earlier payment at a daily rate of £1.36 (Amount claimed x 0.00022)".

This should be just your charges £4926.01 x 0.00022= £1.08 otherwise you're charging 8% on 8%

 

 

[Beserker]

Looks like I'm going to have to split up the claim to keep under the £5k claim fee jump, I can mange £120+ at the moment, but not £250!

 

Yup, I know I claimed on the 8% as well, just being cheeky.

 

Should I split the claim up in terms of time - from a day to a day, or claim the penalty fees first then the interest? or drop the interest?

 

I will Caro

[caro]

If it is only the 8% taking you over the £5k it is still in small claims. There is nothing cheeky about claiming statutory interest. If you need to sever it, I suggest you claim between certain dates first and then go for the rest. Don't forget you will get the court fee back as well and will have it back in 2 or 3 weeks.

[Beserker]

MCOL issued.

[younganfree]

Fingers crossed, not long to wait now.

[Beserker]

They still have'nt posted a defence, do they take matters beyond the 14 days and force a 'default' decision in my favour? If they did that would this count as precedent?

Part of me (the mad bit) wants them to contest the claim so that precedent can be set and mess all the banks up. I have just been talking with friends with bank accounts in Europe - they are staggered at our charges.

 

PS Can I go for default decision on the 21st or 22nd?

[Beserker]

Ah well, spoke to MCOL people this am (very helpfull). A&L still have'nt filed a defence. MCOL say go for judgement after 16:00 today, suprising how my blood pressure is starting to rise....

[Guest ian cognito]

.....Quickly followed by your bank balance I hope!

 

Good luck, let us know how you go on, I have to wait until Wednesday to file anyway coz I'd hate the cheque to bounce!!!!!

[Beserker]

I claimed a victory by default, as they have'nt filed any defence, is this usual?

 

I have asked for immediate payment, after all they did'nt give me any time to raise money and they have a lot more money than me.

 

How long should I give them and what do I do if they have'nt paid?

[Beserker]

Oh what a bunch of barstewrds.

They have charged me £25 for being £0.06 over my OD limit, which in true A&L style was caused by them applying £1.09 interest!!

Guess they are not happy with me

[Guest ian cognito]

I find it really strange that they haven't closed your account or does that come next? switched my salary and all my direct debits yesterday just incase, and the overdraft? they can wait for that until they pay me!!!

[Beserker]

I've had parachute account up and running from the beginning. Not bothered by account closure. Just some low figure DD's on A&L acc now.

[caro]

Check out the MCOL website for what happens next Berserker.

 

Jan, they tend to close the accounts after paying up.

[Beserker]

Thanks Caro. After speaking to M's McGurk (A&L litigation Dept.) it appears I accidently posted the copies of the spreadsheet outlining the charges to Bootle and so, amazingly, they did not have them in Leicester:mad: and they "might" (hopefully not) ask for a deferment. No matter, they will loose:grin:

[Beserker]

Thought I would give an update.

 

I have judgement by default (see post above) and I think I can serve a warrant on A&L. However, the purpose of the MCOL is to retreive the penalty charges not pursue a vendetta against A&L, tempting though it is. So I spoke to a M's Jackie McGurk (01162003504) legal dept. at A&L. She said that they had lost the charges spreadsheet!!? and that she had issued instructions for a cheque to be raised.

 

Any advice anyone, is it likely to be the £100 fob off? Or the full ammount? How long should I now give A&L before I serve the warrant?

 

Any mods on might want to make an entry in the relevant litigation bit as I have theoretically won the case, although I don't have the cheque yet

[caro]

In my book you haven't won until you have cleared funds in your account. My guess would be that the cheque will be full payment, but I guess you'll have to wait and see.

[Beserker]

Thanks Caro,

I'll give it another week, although as we all know they won't accept "I did'nt receive it" as an excuse from us!

[Beserker]

Whooopeeee dooooo.

 

In the post this am a cheque for £6,375.34 and the letter :-

 

"We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim.

This decision should not be regarded as an admission of liability on the part of the Company, as we consider the charges to be fair and reasonable.

We therefore now enclose our cheque in the sum of £6,375.34 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled.

As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation."

 

Seems like standard stuff. I will write to Northampton County Court after the cheque has cleared - you never know.

 

A big thank you to all on these Forums - without you, I would never have started this. Big contribution to the site on it's way when the cheque clears.

 

Off to town, Mrs Beserker has her eyes on a new bathroom.

 

Now for the ERC's, are you ready Chelsea and IGroup.

[caro]

Congratulations Berserker. I'm really pleased for you.