lesley. V. A&L **WON**

[bennyowen]

lesh45,

 

You do not need to be scared of A&L. The solicitor is only notifying you that they are representing A&L. That means nothing as far as I am concerned, surely somebody will represent them. So whether they employ a solicitor or an employee, it does not make any difference.

 

You should now wait for their defence if any. If they submit a defence, you will receive a copy as well as the Allocation Questionnaire to complete.

 

It's standard procedure but the letter from A&L solicitors is not highly important because it is for information only, no reply required. The letter does not change the procedure here.

[lesh45]

thanks all for this and all your help... i am so nervous it is silly.. i just know i will be the one who goes in to the court. i just hope i win as i am claiming £1500. without the court fees and the questionar fees when they arrive... and it looks like A&L will be putting in a defence. if only to hang things out even longer. and for them to get their 28 days.. when you think about it they have had months to get ready for court. do the A&L really think that the public are going to back down over this. ( i dont think so ) as nervous as i am i am sticking with it to the end. even if i lose..

but i just have to go with the flow now, but i will keep you all posted. thanks once again to everyone.

[lesh45]

the A&L has until this Thursday 19th to put in their defence.. then i can put in for my judgement. do i do that on the same day the 19th or do i have to wait until 20th before putting in the judgement. i must admit i am i bit confused on that.

[bennyowen]

Wait until 20th to put in your judgment to allow them the opportunity to put in a late defence because the court normally give consideration for late defence.

 

Be prepared for 20th but also enquire from the court if there is a defence on the case before progressing with your judgment.

 

Do not be scared of them. If they put in a late defence, they will not come to court. They only put in defence to buy themselves more time. They will eventually pay up but they will try to delay for as long as possible.

[lesh45]

i hve had another thought.. would it be wise for me to ring the bank A&L and offer them a chance to settle out of court or should i wait until it goes to court if it gets that far.. and yes i will wait until the 20th before i put my judgement in at the court. . but ring the court before going over and handing in my judgement incase they have put in a late defence.

[lesh45]

has anyone lese won their case against the A&L bank ? that would be nice to know. as it seems that nearly everyone is at the early stage of it.

sorry just looking for resurrance ~S~

[blimeyboy]

Lesh,

Check out : http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/

 

I would have no contact with the A&L unless they call or write to you offering you the full amount, including court costs and interest.

I know its hard to just sit and wait ( god knows I am getting bored of the waiting), but it will be worth it. They will pay up.

 

Just hang in there and stick to the timetable.

[kerrianne]

hiya just thought id let you know ive recently sent lba to a&l they have until thursday 26 april to respond then MCOL is where ill be at. Im following your progress and wish you the best of luck even though it must be nerve racking. kerrianne

[mochamoo]

N/A

[lesh45]

Just a update.. the Alliance & Leicester has filed a Acknowledgement of service. they now have until 3rd may 2007. then maybe just maybe i can put my judgement in.. but i think i am going to be the unlucky one and go to court. as they said they are going to fully defend.. "**** just my luck "

 

will post again soon.

[Beserker]

Lesh,

It would be astounding if A&L went to Court. If they did you would have a lot of help and some very experienced people on here licking their lips in anticipation!

[dizzykate]

hiya

 

am watching your thread as I have had the letter of the solicitors too and am also a bit anxious about the defending bit, but looking on here seems that its what they do am trying to take notice of what the others on here say as they have loads of experience..

 

Goods Luck

[bennyowen]

lesh45

There is no luck about it now. The bank will surely pay back your money before court. It's only a matter of time.

 

Just hang in there. The banks will not go to court. If they do, they will be shooting themselves in the foot. Yet, that will not stop you getting your money in full.

[lesh45]

can i ask for some advice please.. i am a bit stuck at the moment.

 

what do i need to include in my files for the court and Alliance & leicester solicitors.

i know i need all of my statements... all letters sent to and recieved from the A&L..

 

index, and number all the pages correctly.

 

the two i am stuck on is i have a letter from my local MP. and he included his statement the was read out in the houses of parliment about unfair bank charges. do i include this or not.

 

secondly.. statement of evidience. really stuck on this. havent got a clue what to put or where to start to be honest..

 

sorry to be a pain. but getting things ready incase it does go all the way. have to be perpeared !

 

oh yes what is this court buddy thing ? i noticed you can e.mail someone but havent done so as i am not sure what it is...

 

thanks one and all ~S~

[Michael Browne]

See here and choose the one suitable for A&L's defence:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

MP's letter can't do any harm

[lesh45]

update... had a letter today Wednesday 07 from the firm of solicitors who are intended on defending the Alliance & leicester. saying """"""that they are putting in their defence and they feel basically that the claimants claim has no resonable cause of action and outh to be struck out pursuant to the provisions of the civil procrdure rules part 3.4 and /or the summary judgment outh to be granted against the claimant pursuant to the civil procedures rules part 24.2 as the climant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case or issue outh to be disposed of at trial"""""... this is also a trainee solicitor acting for them she might be thinking this could be a case to win as it might set a pressident against other claim. but that is what i am thinking to myself anyway..

 

their is alot more and if anyone wishes to read the whole lot then let me know and i will post it in here with permission of the moderators and bankfodder....

 

i would love to know if anyone else has a defence letter like this... but i am determined to go all the way.. even get myself a solicitor if need.. which maybe be me panicing but getting my own solicitor may not be such a bad idea...

[blimeyboy]

Lesh it seems like A&L have been busy the last couple of days.

Someone else has been sent a similar letter - I would guess its identical.

 

Again this is a scare tactic for you to drop your case. Ignore it and wait for their copy of the defence from the court

[Kandinsky873]

Lesh

 

I agree with blimey on this one. This sounds like them trying to intimidate you into dropping the case. Essentially their position is untenable and they cannot defend their charging policy. They would have to provide detailed calculations in court of their charging formula which will clearly show that they are applying punitive charges.

 

The solicitors can huff and bluff as much as they like, at the end of the day it is their opinion and interpretation of the rules and proceedures. It will be for a Judge to decide, not them and I think the Judges are sick of the banks wasting time. The solitors are just trying to scare you off by quoting this guff.

 

So DONT WORRY STICK TO YOUR GUNS.

[dizzykate]

lesh

 

I am watching your thread as I had a letter from wragge about the same time but have not as yet had this next letter, now I am expecting it tomorrow so will update my thread . I think I will get my bundle ready if that is what everyone else is doing

[mcuth]

update... had a letter today Wednesday 07 from the firm of solicitors who are intended on defending the Alliance & leicester. saying """"""that they are putting in their defence and they feel basically that the claimants claim has no resonable cause of action and outh to be struck out pursuant to the provisions of the civil procrdure rules part 3.4 and /or the summary judgment outh to be granted against the claimant pursuant to the civil procedures rules part 24.2 as the climant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case or issue outh to be disposed of at trial"""""...

 

That's just intimidatory tactics - as long as you've supplied your spreadsheet, copy statements and completed the PoC as per the template, then you'll be fine

 

this is also a trainee solicitor acting for them she might be thinking this could be a case to win as it might set a pressident against other claim. but that is what i am thinking to myself anyway..

 

They can think that as much as they like, precedent cannot be set in the County Court - besides, don't be worrying yourself about what they're thinking

 

their is alot more and if anyone wishes to read the whole lot then let me know and i will post it in here with permission of the moderators and bankfodder....

 

Yeah, sure, post away - just remove the personally identifying info

 

i would love to know if anyone else has a defence letter like this... but i am determined to go all the way.. even get myself a solicitor if need.. which maybe be me panicing but getting my own solicitor may not be such a bad idea...

 

I'm sure there have been plenty of defences like that, none of which have been seen in a hearing! The problem with getting a solicitor for a small claims action is that you won't be able to recoup your costs, and that might outweigh the amount of money you're claiming (and of course, don't forget that with the combined knowledge of the CAG, you probably already know as much as some of them )

 

Cheers

Michael

[lesh45]

sorry what is the POC ? that i have to complete. as per the template ? sorry confused.

[mcuth]

sorry what is the POC ? that i have to complete. as per the template ? sorry confused.

 

Particulars Of Claim - either on the N1 form, or on MCOL (Money Claim Online) - see here & here respectively.

 

Cheers

Michael

[lesh45]

yep did that when i applied to the court. i attached in the very beginning.. wow i had a little heart atteck when i read that thought i had done some thing wrong and made a big mistake.. i was running around like a headless chicken for a min or two...~laffs~

 

with the letter that i recieved from the wraggle & co solicitors i will post the full letter in here over the weekend ( deleting personel details of course) it should make for interesting reading... many thanks all of you ~S~

[lesh45]

well i have today Friday recieved the defence form the court.. i know have until the 13th may 07 to get in Aq back in..along wiht the £100 so i am doing all of that this coming Tuesday. anf request that i can stick with the small claims track and NOT go with the fast track..

 

will post defence as promised over the weekend... hop eit makes for enjoying reading for everyone !

 

will post again soon

[lesh45]

her is my defence letter s promised.. hope you all enjoy reading it...

 

lesh - claimant

 

V

 

Alliance & leicester bank plc - defendent

 

 

DEFENCE

 

1) Save insofar as the same consists of admissions and save as it is herein expressly admitted or expressed not to be admitted, the defendant joins issue with the claimants claim.

 

2) This defence is served and filed without prejudice to the defendants contention that the particulars of claim disclosed no reasonable cause of action and opught to be struck out pursant to the provisions of the civil procedure rules part 3.4 and/or that summary judgment ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case is issue ought to be disposed of at trial.

 

GENERAL

 

3) It is admitted and averred that the defendant is a company providing banking services.

 

4) it is futher admitted and averred that the defendant agreed with the claimant to provide banking services for the claimant in accordance with the defendants standard terms and conditions.

 

5) It is admitted that the defendant had debited various charges to the claimants account with the defendant in accordance with the terms and condition agreed to by the claimant.

 

6) it is denied that the charges debited to the claimants account with the defendant are a penalty and invalid as is alleged or at all. In particular, it is denied that the charges are unfair and/or unfair terms in consumer contracts regulations or otherwise.

 

7) with respect to each and every charge, the claimant is put to strick proof of the allegation that the charge is a penalty and/or unfair and/or invalid as is alleged or at all.

 

8) it is denied the charges, or any one of them are punitive in nature and/or a penalty. The charges were incurred as part of the banking services provided by the defendant and calculated in accordance with defendants terms and conditions agreed to be the claimant.

 

INSUFFICIENTS PARTICULARS OF CLAIM.

 

9) it is denied that the defendant has applied charges to the claimants account with the defendant as claimed and the claimant is put to strick proof of the amount claimed and that such amount has been unlawfully denined from the claimants account.

 

10) the defendant repeats paragraph 2 above

 

CHARGES

 

11) In accordance with the defendants standard bank account terms and conditions agreed by the claimant, the claimant agreed to pay charges as levied by the defendant for banking services provided by the defendant in the cours of the banking relationship. It is admitted that in accordance with those terms and conditions, the defendant has debited the claimants account with the bank charges as set out below.

 

12) the defendant terms ande conditions from time to time, which are incorporated into the agreement between claimant and the defendant, provide specitically for the debiting of these categories of charges as follows.

 

12,1) PAID ITEM FEE

 

This is where the customer ( the claimant) presents a item for payment, and the defendant is prepared to pay the charges, but the payment is in excess of the claimants agreed credit limit

The charges for this is currently set at £25 per item, with a maximum of no more than four paid item charges per day or six paid item charges per month being levied

 

12.2 FAILED TRANSACTION FEE