Telwest v A&L ** WON **

[telewest]

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[dollies01]

Hiya

 

If you know how much you have been charged and have all the relevant dates then there is no need to request a S.A.R and you can send your preliminary letter off straight away.

 

Sorry, I can't help with the other issue, but I'm sure someone that can will be along soon!

 

Good luck.

[Sazzle74]

Hi, This is the best place to post your initial letters: Customer Contact Centre, Alliance & Leicester, Bootle, Merseyside, GIR 0AA - send them recorded or special delivery so they can't deny receiving them!!!

When you get to claim stage you need to use a different address on moneyclaim online: Alliance & Leicester PLC, Carlton Park, Narborough, Leicester, Leicestershire, LE19 0AL

Good luck - it really works!

[martin2006]

1. if you have details of your charges thats all you need

2. Yes they will close your account after a successful claim

3 Send prelim to the address given above.

 

Hope this helps

[younganfree]

Hi, Telewest.

If you are worried about them closing your account, I would urge caution before taking any hasty action.

You have time on your side - there is no deadline for claiming in this instance, as you have only had the account for 10 months.

Why not open an account somewhere else first, and move your overdraft in safety? Then you can close the A&L account without hassle before claiming back your charges from them. You are going to need a parachute account anyway.

Although this means you may have to wait a bit longer to see your money, you will not have the worry of defaults hanging over your head.

Luck, dude.

[telewest]

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[Lil]

Not 100% on this but i don't think they can default you for claiming your money back. I'm sure someone will correct me if i'm wrong....

[telewest]

edited.

[Lil]

oh i see, i think they would want it all paid back in their given time. Its very unlikely that if you have given them time limits (like 14days before you go to moneyclaim for example) that they would give you more time.

[telewest]

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[telewest]

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[telewest]

3 day response to Prelim - nothing offered. Same resonse to LBA.

 

MCOL filed 25/2

 

Edit - further charge due to be applied 15th March - can I add this to the existing claim at MCOL stage? I've already sent a schedule of charges to the court, would I have to resend schedules of charges to court & A&L as well as amending my MCOL claim?

 

Possibly easier to win the case, then call the litigation dept and ask for this one charge to be removed before I file another complaint ??

[younganfree]

Hi telewest, apparently there is a £35 fee to add further charges to the claim once it has entered the court system - this is not refundable/reclaimable as costs, so you would lose it.

I've seen one or two threads where people have sent the prelim letter again when they've had more bank charges imposed after winning their 1st claim, (or while waiting for a settlement), and A&L have refunded straightaway. So this is probably the best way to go - even if you had to go all the way to court again you know the procedure so should have no fears.

[telewest]

Hi

 

Already at MCOL stage (defense filed) with A&L - for some reason they decided to send my SAR data twice - two pertinent sections caught my eye in the manual intervention data - one amusing the other shocking

 

Amusing:

 

Verbatim quote of a filenote left on my account after a lengthy call

 

Very unhappy AH (account holder), threatening litigations and allsorts (sic), although I stated manager would not speak to AH about correct charges he came out with loads of stuff which I could not understand hense the reason I passed as a callback as AH to (sic) persistent and asked to hold whilst I found a manager, AH not willing to follow our complaints procedure and wants our in house litigation team address so he can file a small claim and go to court

 

Shocking:

 

An entry in the manual intervention section:

 

1 March 07 - courtpapersreceived.7QZxxx82 (court claim ref). chq ordered for £xxx

 

Funny that's exactly the same amount of my claim they've raised a cheque for! Yet they have responded to MCOL to defend - is this not evidence that we already knew they are wasting and abusing the legal system - why clog the courts when this proves they have every intention of settling in full !

 

Also a brief question....

 

Of course no bank wants to get to court and have to defend, hence settling out of court - if you really dont want to have your account closed couldn't you make it one of your settlement conditions and not accept full and final without it ? Puts the bank on the backfoot (especially the ever-recently A&L who have adopted a strict offense is a best defense tactic) - doubt they;d quibble over the account staying open if it meant they'd have to defend in court - or am I missing something ?

 

Comments welcome!!

[younganfree]

Re the raised cheque.

Theyre in a catch 22 situation. They'll only pay out when they're taken to court, but they don't want to go into court, so they have to settle out of it.

It is an abuse of the system, but they do it because they can (although the courts will get wise to them one day no doubt), and because it saves them money in the long run - for every one claimant who starts court proceedings, several will have dropped out along the way.

[telewest]

Any thoughts on the declining of final settlement unless they confirm in writing they will keep the account open?

 

They'll do anything not to go to court, surely they'd agree to this demand if it meant settlement prior to a hearing?

[Janet-M]

Informed by PM this claim is now settled

 

CONGRATULATIONS