Jan v A&L won 24/8/07 - in spite of stay!

[jansus]

All of a sudden everything happens at once - letter from a&L bootle acknowledging my correspondence then letter from Wragges intention to defend. Next a letter from A&L cheque for £500.00 (claim for £1400 incl court fee and 8% interest). wont close your account if you settle etc etc.

 

I think I will reject so will check the standard letters- just wish someone had won recently as it would put our minds at rest a bit more.

 

I will keep reading other threads - and then think I will continue the battle.

 

jansus

[jansus]

Today received defence from wragges.

 

6 page defence -23 points

 

Not penalties - service charges

You were aware of conditions etc etc

Think it is pretty standard

Questions:

Have Wragges always been involved at A&L or is this a recent development?

 

Has the defence wording changed recently? If so is this a direct result of the LLoyds cases?

 

I am sending letter 5 back to the bank with the cheque ( for an offer they say is charges less £12.00 each), Can I add anything persoanl to the letter to try and appeal to their better nature? I wanted to mention that at the time of the majority of charges I did ask for a temp OD extension and was refused. Also I am not worried about the mention of closing my account as I have current accounts with other banks?Also I would point out I have not attempted to claim any contractuaral interest? I would have thought that this will show I have made every attempt to negotiate?

 

 

 

Also I am assuming that the general consensus is just to proceed as normal at the moment and hope that the cases on 4th July go ok?

 

Just a thought - I think it would be really usefull in each bank section to have a little graph /chart showing number of litigations pending and then how many won each month - because sometimes when you go to the cases won section it takes a while to go back through the threads to see when won because the threads carry on with people asking questions.

 

I think this would encourage us all.

 

 

Thanks:-)

[jansus]

Look all of you at twoofus v Yorkshire bank

 

CASE WON AT HULL OUTSIDE COURT

 

encouraging;)

[jansus]

dont forget to answer my questions someone - thanks:confused:

 

How do I get the question mark or other icon to come up on my post ????

[bohannon67]

I also am reclaiming A+L, they owe me £500+. After receiving their final offer of £100+(which i refused) and stating i would settle at £500(which they refused) i picked up Small Claim Form at Sheriff Court today. Gonna fill in and return this week. P.S. Buzby if you read this thanks for reply, cant find that thread anymore!

[jansus]

Now just read thread Notlam on LTSB and am confused about what to do .

 

Good threads and bad threads all in one day.

 

When I have started Court action do I have to return cheque or can I accept as partial settlement and carry on?

 

Plus questions above

 

help please???

[MimiJane]

Now just read thread Notlam on LTSB and am confused about what to do .

 

Good threads and bad threads all in one day.

 

When I have started Court action do I have to return cheque or can I accept as partial settlement and carry on?

 

Plus questions above

 

help please???

 

As I understand it, once you've started court action, you're best to send it back rather than take it as part payment. Someone correct me if I'm wrong.

[jansus]

:idea: bump

 

any more answers to my questions yesterday please!!!!!!

 

jansus

[bohannon67]

Personally i wouldn't touch their money with bargepole till all is done and dusted via court or ombudsman,poss could make out as you accepted part payment this concludes matters, just my take on it as a non legal expert. By the way, at last moment i have decided to go Ombudsman route 1st. Free service, no case preperation and if unsatisfactory you can then take them to court. Do it the other way round courts decision is final. It's 6& half dozen what route you take tho so good luck!

[jansus]

Apparently it is different when you have commenced legal action so I have to send the cheque back if I want to carry on- So I will do so tomorrow.

 

jansus:(

[jansus]

Help-

 

I have read the FAQ and have I missed something ??? Can you claim for paid items - or do they regard that as a service - so for example on some occasions I have gone over OD limit they have bounced dd and then a few days later paid them and charged £25.00 ???

 

It is just that they say they have calculated my charges less £12.00 to make the offer (plus court costs) but however I juggle the spread sheet the calculation does not add up??? Is it because they are including some charges and not others? Or do they just pick a figure out of the sky?

 

I am sending cheque back anyway - but need to know if others have sucessfully included this charge - on other threads I have seen it regarded as a service - confused:-?

 

PLUS How do I get a question mark to come up against my post - so that people know I need help or change the title - I still cant get the hang of all this ( I am trying honestly!)

 

thanks

 

Jansus

[MimiJane]

Hi Janus,

 

Everything I've read states that the paid item charge can be re-claimed, so I've gone for it ... hope it's right:rolleyes: Certainly, on the moneysavingexpert.com website everyone's been told to claim for this and everyone has as far as I'm aware.

 

I know what you mean about their calculations ... I gave up trying to work it out in the end.

 

Mimi

[jansus]

Thanks for that

 

I suppose the worst that can happen is they deduct those.

 

I did add a couple of comments in my reject letter

 

" I would have appreciated the courtesy of a breakdown of how you came to your offer as I have provided you with a full breakdown of my claim and your figures do not agree to your implied calculation. I find this quite unprofessional"

 

Also I told them that I have evidence on two occasions that I asked for a temporary OD extension to allow me to transfer money to my current account and they refused. Considering I have had my account since 1992 I consider this a distinct lack of service.

 

Also I referred to the veiled threat to close my account - informing them I already have alternative accounts in place and will consider further action if they do so.

 

I am enclosing again my current schedule and sending a copy of the letter to Wragges with a big CAG sticker!

 

bring it on:D

[MimiJane]

Nice one janus It'll be interesting to see if they reply and, if they do, what they say:rolleyes:

[dizzykate]

hiya jansus and mimijane

 

I have had conversations with both alliance & Leicester and Wragges about the paid items and the unauthorised overdraft £25 figures. They deducted this amount from the figure they offered me and then knocked £12 per item off. I queried it because like you my figures did not match up. I was told by Wragges that the A & L policy now is not to pay these amounts. I said that it seemed like moving the goal posts all the time because they had paid those amounts to claimants previously. For personal reasons I have accepted the settlement but I have got an email stating that the charges they are refunding are the unpaid items. The unauthorised overdraft and paid item charges are not included. I am very cross with them tho cos it has taken 6 days to clear the cheque when in other banks if you present a cheque from that bank it clear immediately I am going to amend my claim and send off new spreadsheets cos I feel I was a bit backed into a corner, we needed the money and I wont get a court date til about November. Also when I queried why it was taking the cheque so long to clear I was told all cheques take the same time. Apparently there is no "manual intervention" (is that what its called?) now the computer does it all. I believe the computer is capable of working out what makes the maximum amount of revenue for A & L. In that case then the charges are even more unfair cos no human being is looking at any transaction. I do feel I have been weak but sometimes circumstances dictate. Over the years A & L have bled my account dry at times. I am not sure of the legal side of changing my claim and I would gladly take any advise from anyone. Its taken me ages to post that I have accepted this settlement as I feel like I have let everyone down. Wragges have said to me that they are acting for A & L on all claims.

 

Thanks to everyone who has helped me and I hope that your claims go better than mine and you get every last single penny I will be cheering you on..

 

Kate

[MimiJane]

Kate, if you need whatever amount is offered now, then you have to take it, don't feel you've let people down ... it's totally up to you and your individual circumstances. We all just accepted the bank's exhorbitant charges, most of us without a second thought, so anything is a bonus.

 

A&L not refunding the Paid Item charge is a little worrying but, those who've got to the latter stages cannot alter anything now, so it'll be interesting to see what happens. Wonder what the judges would make of them changing their minds on this one Seems mighty unfair to me and I don't see how they can get away with this if it reaches court.

 

Sorry to hear about your problems with the cheque, it certainly make you wonder doesn't it? Sounds like them dragging their feet once again ...

 

Mimi x

[dizzykate]

Thanks mimi

 

I know I dont know how they think they can get away with it. Thing is when they offer these silly amounts they dont qualify the amount with a breakdown of what charges they are refunding. I think that now the cheque has cleared I am going to write to them and ask for this breakdown so its in writing and then do whatever with the claim Your kind words are much appreciated cos did think was letting you all down.

 

ta v much and good luck.. I am pressing on with the LLoyds tsb business claim cos that accounts shut and we are totally looking at that as a bonus.

 

kate

[MimiJane]

Good luck with Lloyds Kate and let us know how it goes.

[jansus]

Actually because I had read on other bank threads that since the lloyds cases the banks are arguing that charges are not a penalty but a service - especially the paid item fees I went back to my spread sheet and as an experiment deducted the paid items and 12.00 off all the other fees and added the 120 court fee that they said was included and it was still about £150 off of the offer they made.

 

Considering some people have won contracural interest ,but there have been recent cases where the judges refused this only (the other charges had been paid)then the whole thing seems a bit of a lottery at the moment.

 

I decided to proceed and send the cheque back (very hard I admit ) as I am lucky enough not to need the funds urgently and because my unfufilled ambition was to go into the legal profession I am not afraid to appear in court. I know I am in a better position than most and do not condem anybody for accepting an offer. You have still won and everybody has to appreciate how much time this takes if you do your research correctly.

 

 

Those of us who can carry on I feel must keep an eye on all the recent cases and especially on what happens in hull on 4th July to guage if there are any changes. As I put in one of my other replies on this section there is a post in "general" on how important it is to turn up in court and how they do mislead by the wording on whether it is a directional /preliminary hearing and people have turned up and not realised that a decision is actually going to be made on that day.I MUST learn how to link to other threads!

 

In all my dealings I am remaining polite - but insistant that I think the A&L should be courteous in their replies as well and provide their calculations - I will let you know if I get a reply.

 

Jansus:)

[jansus]

That was hard - tearing up the cheque and sending it back.

 

costing me a fortune in postage - cant wait to do a wasted cost claim

 

jansus

[jansus]

just checked on MCOL and says case has been transferred to local court - but I have no written correspondence to confirm this - so I have emailed to check what is happening. I guess it will be Oxford court.

 

 

 

Jansus:) .

[bsia666]

Hi Jansus, if its ok I would like to subscribe to your thread.................I check MCOL daily and phone the CC dealing with my claim every 4-5 days.

 

My reasons are simple;

1 - I dont trust Royal Mail to deliver any important documents.

 

2 - HMCS are V busy, so they may make errors.

 

I think I am the only one with the absolute vested interest in this affair. I might have something to gain at the end of it all, I dont think the A&L or Wragge care at all.................for them we can only be numbers (not people) but what a journey:) .

 

The parties involved in my claim are the A&L, Wragge & Co, HMCS and ME........ I would say that leaves me in the middle of it all !!. I am sure that I am the only one who uses Rec Del , checks correspondance diligently and ends up consumed buy the whole process..My tuppence hapenny is to be suspicious, paranoid or whatever it takes, but always keep you eye on the target!!

 

After all you and I are the only ones who have an absolute vested interest in the outcome of our claims.

 

We both know what the target is.................the A&L!!!

 

All the best - William

[jansus]

It is most confusing at the moment that we all on A&L seem to be dealt with in a different way and on a different timetable - which is why I agree we have to keep an eye on how things are proceeding - it is so easy to miss something and then have a panic at the end. That is why I use my time to keep reading and get prepared for the worst. Strangley some of the most useful information seems to be on the two cases that have lost!

 

Thanks for your post

 

Jansus:)

[jansus]

Just got an email - my case has been transferred to Aylesbury Court - date to be confirmed I should get paperwork soon.

 

A&L if you are watching - still not scared - just remember I always wanted to be a barrister!!8)

 

jansus

[younganfree]

Just got an email - my case has been transferred to Aylesbury Court - date to be confirmed I should get paperwork soon.

 

A&L if you are watching - still not scared - just remember I always wanted to be a barrister!!8)

 

jansus

Good for you, jansus. You tell 'em!