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

[mcuth]

can they take the money from my husbands account to repay my one

 

No, they can't - even if he's named on a joint account with you. Have a look at this page, which should help explain:

banking: firms' right of 'set off'

 

can they close my account while money is still going into this account. this would cost me my benifit if they do that.

 

They could do - however they'd be acting unfairly & in a punitive & retaliatory manner (and that applies whether or not you're receiving benefits). If they do that, then you can make a complaint to the Financial Ombudsman Service - have a look at this thread too:

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html

 

In any event, this is why we recommend you open a "parachute" account with another bank that's there to switch to if they do close your account. You wouldn't lose your benefits in that case, as you'd just notify whichever benefit agency that you've changed banks.

 

do i send a letter to A&L stateing that i am in a litigation with them and that a copy of this letter will be added to my court bundel.

 

Yes, you tell them that the account is subject to litigation, quote the case number, and that the amount should be classed as disputed - this should stop them taking recovery action. However, it's probably a lot less hassle to pay in £50 to shut them up - or even more if you have it, so that you don't incur further charges. Then, when all this is done, you can launch a new claim for the charges incurred since the last one of your existing claim.

 

Cheers

Michael

[lesh45]

well i recieved al letter today from wragge & co. this is what the letter said.

 

WITHOUT PREJUDICE.

 

We have been instructed by our client to offer £1597.50 which includes the court fee of £120 in full and final settlement of your claim

 

If you wish to accept this settlement offer, please ler us know by 4pm on the 6th july 2007, and we will then contact our client to credit your account accordingly.

 

we look forward to hearing from you.

 

your faithfully wragge&co.

 

 

one thing that was the original request and full total including interest. but this does not include court fees. But even so it is a good offer and one i am thinking of taking. I will be ringing wragge & co on monday morning. will let you all know of the out come.

[jansus]

Lesley are you saying (presumablythey did not provide a breakdown ) that they have included the 8% S69 but not the court fee - or by coincidence are the court fee and 8% about the same - so it is actually the court fee and not the S69 8%??

 

I do not expect it adds up at all as we know they can not use a calculator!!

 

Or maybe they have deducted £4.50 from each charge and included the 8% and court fee. ?????

 

I am interested as it might help with my negotiations.

 

 

(See my last post today)

 

 

 

jansus:)

[lesh45]

Hi Jansus.

Firstly i havent got a clue. how they have worked it out. all i do know is that my end total would of been about £200 more. so i was happy when i recieved that letter. as it was worth losing the court fees to get the big amount back.

 

good luck with your claim and i really hope you win

[lesh45]

well today i have rang the court first. as asked for advice. i was told that my judgement was infront of the district judge. i then explained i had recieved a offer from wragge & co for the above amount. the court then adviced me not to stop the court hearing. but to tell the solicitors that once the money was in my account then i would ring and also write to the court to stop any further action.

 

I then rang wragge & co.. spoke to hina. the solicitor dealing with my claim. i told her i would except the offer made but was not stopping the court hearing until the money was in my account. where she explained it would be in my account within 48 hours. i also told her. that i had put in for a judgement. and told her that a copy of the letter was in the post for her files. she then asked me ( when is the court date ?) so i told her.. friday 13th july 07 at 2pm.

 

so all i can do now is sit and wait for the money to go into my account.

 

The i am going to hit them with the second claim. Immediately. as that is in the hundreds also.

 

will let you all know whe the settlement arrives.

 

keep up the good fight. and good luck to everyone.

[dizzykate]

well done

 

kate

[MimiJane]

Congratulations Lesh Hope you soon get your money

[cazawilson]

Well done Lesh:D Nice to hear good news again, seems to go a little quiet sometimes.

[lesh45]

DONT BELIEVE ALL THAT YOU ARE TOLD !!!!!!

 

 

 

 

well folks it isnt all GOOD NEWS.... i was told by wragge & co that i would recieve the money within 48 hours. that was on the 2nd July...well having checked my bank account this evening again still NO money has been debit by A&L.. that is now 3 DAYS in the waiting. so i am ringing wragge & co to find out what is going on. ALSO.........

 

I recieved a letter from the court this morning, i have to pay £65 for my judgement. more money that needs to be paid out... but at present the court date still stands for the 13th July at 2pm. and i will still attend the hearing date and time if no money has been recieved.

 

speak soon and keep fighting......

[lesh45]

well money still isnt in my account so it looks like court this coming friday.

will let you know of the out come if nothing before.

[MimiJane]

So few cases have actually got to court Lesh ... I'm pretty sure something will happen before Friday, though best to be prepared of course.

 

Keep us informed.

 

Mimi

[lesh45]

well a VERY HAPPY UPDATE.

 

I RECIEVED TWO PHONE CALLS FROM

[lesh45]

Wragge &co Asking If I Would Except Thier Offer. I Then Expalined Them I Already Had Excepted And That Was A Week Ago But Their Wasnt Any Money Paid In To My Account.. I Was Then Told They Were Going To Instruck Their Cliant And Make It Urgent. ...within One Hour I Checked My Bank Account And Guess What !!! The Money Was Their..

 

Now I Am Going For The Second Lot They Owe Me !!

[lesh45]

Sorry The 2 Post Above Are Meant To Be One Message.. !!

[sea-sidelady]

CONGRATULATIONS..!!!

 

That is fantastic, Well done.

 

They got there in the end. :D

 

Dont forget to do the survey

http://www.consumeractiongroup.co.uk/survey.php

 

And maybe a donation..???

[MimiJane]

Lesley, that's great news, so pleased for you It also eases my mind a little with court date looming:shock:

[bennyowen]

Congratulations.

[jansus]

WELL DONE - CONGRATULATIONS

JAN

[lesh45]

do i us this thread to carry on with my second claim or start another thread.. ??

 

also. do i send exactly the same letters second time around as the first time around ?

 

and thanks everyone i couldnt have done it with out all of your help.

[Jess68]

I would start new thread then mods can move this one to successes section

 

Im interested to see how you go on 2nd claim as i also will be starting a secondary claim against A+L when i finish with my court date on ! August.

[lesh45]

ok i will start a new thread... all about the second claim.. and good luck with your one. i am sure it will end before going to court.

[alice-rose]

congratulations lesh

great to hear your good news

well done.

alice x