Steppers v A&L

[Stepper]

I am now angry enough to get ripped into the Alliance and Leicester but I do not want to show any ignorance and give the impression that I am a total amature. Therefore, I am looking for advice on wording my claim. It is a straightforward claim for unlawful bank charges, and I am in Scotland, so I need someone to tell me things like what I put in the section that asks about (representing) lawyers? I did download a page from the library but that one did not look like the form that I have downloaded? Help!

[livelylad]

Try this.

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

I will get this thread moved to A&L and the title changed for you

[Stepper]

Thank You ... just to finish off a small bit of paperwork and I am all set to strike by Thursday ... wish me luck.

[younganfree]

Good luck, Stepper.

However, if you take things steady and go by the tried and tested route you won't need to trust to luck!

[arrandolly]

Stepper, I'm sorry but I can't get the hang of the e mail system and I have tried to reply to you but don't know if you got it. If you want to post again I will guide you through the system of living in Scotland and claiming against A&L. Basically, go to Leicester County Court and you get around the fact you are over the limit Scotland puts on small claims. I have had two successful claims.

 

Can someone please help me reply to private e mails. I replied and it was sent to me!!

[Stepper]

It's okay - I got your message at home and on the this page. I do not understand why I have to go to Leicester - its just not an option to travel to England? I was just going to do it in two stages via the Ayrshire (Scottish) court. They have branches in Ayrshire and therefore, as far as I know, come under Ayrshire courts jurisdiction. So I am gunning for them from my own back yard.

[younganfree]

Hi, Stepper. I'd hazzard a guess here that arrandolly doesn't mean you actually physically have to go to Leicester yourself, but to use the Leicester court's address to claim in.

Anyone back me or correct me on this?

[Stepper]

Thanks youngandfree - Thanks, that never occurred to me! I am just waiting for some information from Kilmarnock court and I am set to put it in tomorrow, so I will just go down the road I know. This however, is a brilliant idea for those who are just setting out.

[Stepper]

Went to the court today to put in my papers and discovered (as I expected - had a sneeky feeling) they were the wrong ones for a Summary Action: Anybody who is claiming over £750 should try this link below. With this form you can fill it out online but you cannot save it, and here is the text that was sent to me by a Sheriffs Clerk (she told me some people were downloading the wrong information for the 'details of claim box 7' - she also said NOT to include your account number in this box) - this is valid for SCOTTISH COURTS:

 

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/summary_form_01_c.pdf

 

STATE DETAILS OF CLAIM HERE OR ATTACH A STATEMENT OF CLAIM

(To be completed by the pursuer. If space is insufficient, a separate sheet may be attached)

 

The details of the claim are: 1. The Pursuer has an Account with the Defendant which was opened on or around DATE. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms and the contract between itself and the Pursuer. 3. A list of the charges applied is attached to the particulars of claim.

 

4. The Pursuer contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. As the Pursuer being entitled to reimbursement of the Defender charges, decree as craved should be granted with expenses. 6. The Defender operates from NAME AND ADDRESS OF YOUR LOCAL BANK and has been domiciled there for three months immediately preceding this action. The Pursuer entered into a consumer contract with the Defender. This court accordingly has jurisdiction. (Civil Judgement and Jurisdiction Act 1982, Section 41 and Schedule 8 Rule 3).

[arrandolly]

Thanks younganfree - that is what I meant and phrased very badly. If you lodge your claim at Leicester County Court then you only have to go through the procedure once and you will get all your money back on the one claim.

[Stepper]

Hi guys, Just one month on and A&L have settled in full - 22 March. Thought that was good going but they do say in the letter that since I do not accept the terms and conditions they want to discuss the future of my acccount - in other words - close it! I had the foresight to open another account before starting the action so they can get on with it. Next step is to go back to court for the rest of the dosh and live a debt free life... sounds good that last bit.

[vicmar]

well done with regards to closing account they will write and give you 30 days but you can contest this see the thread in AL forum with regard to FOS ruling

 

Good luck