Rogers v A & L

[falcons247]

Hi All,

 

I sent my SAR letter on 30/01/07 with the £10.00 fee.

 

Eagerly awaiting my statements now!

 

Any help on future posts will be muchly appreciated.

 

Regards,

 

Tim

[jansus]

hi we are at the same stage- I actually have re-sent my SAR as did not do it recorded first time - so no idea what the total charges will be yet.

 

I have been reading all the other bank threads as well as FAQ in case it gets tricky - but seeing other posts today it looks as if A&L on the whole are fairly straightforward. fingers crossed:)

[vicmar]

good luck , but are registered with online banking you may get your statements that way and slightly quicker!

[falcons247]

Received my statements today (3 days after the 40 days had expired).

 

Am I able to include the 'failed direct debit charge' (of around £30.00) they have charged me, when i submit my charges spreadsheet letter?

 

Regards,

 

Tim

[vicmar]

word of advice please make sure you read several threads and the FAQ's this will answer most of your question use Vampiress excel spread sheet as this will calulate all interest (including the 8%)

keep it upto date until you file your MCOL you can only add the 8% at time of filing MCOL but when sending letters pre lim and LBA you add the overdraft interest only

 

have a good read you will find all the answers on the site best to look at success as this will highlight the surprises A & L will tryto put you of!!

 

GOOD LUCK

 

Vicmar

[falcons247]

ive checked the FAQ section but cannot see the answer to my specific question.

 

am i ok to include 'failed direct debit charges' in my claim?

 

could someone please confirm??

 

thanks muchly

[dizzykate]

hi

 

I think you are - well I have as its a charge its not like the £5.00 a month fee for having an overdraft. I am sure i saw a list of what you can and cant claim for somewhere - its on here i think but there is a bit on the Martin Lewis site that says"

Yet when you go beyond your overdraft limit, or have a cheque or direct debit payment bounce, the bank charges a penalty of £30 to £35 a time. Is a charge of this scale really proportionate? Remember it could simply be a charge for going a penny over the limit." A bit further down he says that normal account fees cannot be included. So I would say yes that they are

[vicmar]

what you can claim is

1, excess overdraft fee

2, bounced cheques

3, failed d/d or s/o

 

also debit intrest related only to the above

 

you can not claim arrangement fees or subscription fees etc

 

hope this helps

 

vicmar

[falcons247]

I have received a letter dated 26 March 2007 from A&L basically saying they're not paying etc etc.

 

I have today sent a LBA letter requesting settlement within 14 days.

 

I will endeavour to keep you all updated!

 

Regards,

 

Tim

[falcons247]

Hi all,

 

After receiving no payment following my LBA, I have progressed my claim onto the courts.

 

I issued my MCOL on 02/05 for a total of £1,200 (inc court fee) and sent the schedule of charges onto the court.

 

I have today received a letter from A & L saying that they believe their charges are fair, blah, blah, and offered a measly £324.50 (chq included) in full and final settlement.

 

Obviously i am not going to accept this and will destroy the cheque. Does anyone have any suggestions of a reply - i was thinking along the lines of 'i do not accept your offer and will only accept £1200.00, enclosing the schedule of charges' - is there any template i can use for this?

 

I have also received a letter from A & L Solicitors, confirming they will defend the claim. is this anything to worry about? anyone been through similar process and can advise what might happen next?

 

any helpful comments much appreciated.

 

Feel free to PM me as well.

 

Regards,

 

Tim

[j.barton1]

Hi, Exactly how it happened with me,

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/56153-hi-all.html

Try not to worry,i am waiting for a court date, a&l will dragg it out as long as poss, and wragge and co will try and save their client every penny but we will get there.

Jen

[falcons247]

Thanks Jen,

 

Is there any sort of template for me to reply to A&L rejecting their offer and advising i have destroyed their cheque?

 

how long will this drag out for?

 

Thanks,

 

Tim

[j.barton1]

Hi Tim,

 

For rejecting offers see...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

As for how long, I sent my first letter in Feb. I claimed against Barclays and from start to finnish it took 6 months!!! I think it depends on getting a court date and sticking to your schedule but the banks have to drag it out for all those who dont follow it all the way through or settle to early offers.

Jen

[falcons247]

Excellent.

 

When replying i will attach a copy of my schedule of charges.

 

Should i also send a copy to their solicitors or just send it to A & L and they can send it on if they wish?

 

Tim

[allen0601]

hi how do u find the address of a & l solicitors

[j.barton1]

Hi Tim, I'd just send it to Wragge & co. Definatly send a schedule everytime you send a letter, put on it 2nd copy, 3rd copy etc. they'll try to say they havent received it or your figure doesnt match theirs etc etc, but if they have had so many copies they cant argue..as much...

jen

[j.barton1]

Hi...

Wragge and CO

55 Colmore Row

Birmingham

B3 2AS

 

HTH

Jen

[allen0601]

thanks jen just about to do my mcol and still finding out all the different things i need to do cheers

nicky

[allen0601]

ive got some other questions too that i could do with some help with if u get a chance. i started my own thread just hope i get this right im very new to all this!!

nicky

[j.barton1]

Hi Nicky, When you do your MCOL, use A&L head office address not teir solicitors. If you want to use their group legal it is....

Group legal (A&L)

custome service centre

Narborough

Leicester

LE19 0AL

Hope that helps..

Jen

[allen0601]

Thanks jen i think i have used their head office address but i will double check before i send if off. this may sound really thick but whats a lba?

nicky

[j.barton1]

Hi

Letter Before Action, the last letter you sent before court action. Have you followed the step by step guide?I have posted on your thread so we're not hijacking.:o :o

jen

[falcons247]

Hello all,

 

I have received the defence papers from Wragge & Co detailing, in 25 points, how their charges are reasonable etc.

 

Has anyone else received something similar?

 

Do I need to respond in any way?

 

Thanks

 

Tim

[j.barton1]

Hi Tim, Is there anything in there defence u r unsure about??

You dont have to respond but when i received the defence from Wragge and Co it stated mainly the limitations act saying the charges were fair etc....

I just replied saying that it is for the court to decide on the merits of each case. I also named a few cases for their reference. If you can list the main points i might be able to point you in the direction for a responce to their defence.

P.S...sorry if we've been hijacking your thread before...LOL

 

Jenny

[falcons247]

Hi,

It just says about their charges are fair, referring to their terms and conditions and justifying the charges one by one. They also quote the limitations act, so it sounds similar to what you may have received.

 

Do i bother replying and with what?

 

Tim