Kandinsky v Alliance and Leechsters

[MimiJane]

Just to say Kandinsky I think you're handling all this extremely well ... what a lot you've had to contend with:rolleyes:

 

Best of luck and hope things go well for you tomorrow and you get your money very soon ... one way or the other

 

Looking forward to hearing how it goes ...

 

Mimi x

[wintye]

Hi

 

I have just updated myself on your thread. I can't believe you have had to go through all of that. I would be furious, just as you have.

 

We all think it's going to be ok, so it must be a bit of a shock for you.

 

Good luck for tomorrow

 

Claire

[Kandinsky873]

Just received the following letter from Jackie McGuirk, Solicitor, Litigation Team, which reads:

Dear Kandinsky

We have received from Northampton County Court a claim and judgement that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim.

This decision should not be regarded as an admission of liability on the part of the Company, as we consider the charges to be fair and reasonable.

We therefore now enclose our cheque in the sum of £3519.35 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled.

As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation.

Yours Sincerely

JA McGuirk

Firstly….thanks all for your support, encouragement and advice over the past few months. Justice has been done and victory achieved and to all those still on the path, keep the faith and you will have your money back.

Now,

I would say that this letter is somewhat annoying because firstly it is not their decision to settle the claim….I obtained judgement against them which was issued by the court not me because they failed to acknowledge the claim.

The sum paid is not full and final as it does not include the £55.00 paid to send the bailiffs in and they can consider what they like about their charges…..they are unlawful, unfair and unreasonable, otherwise they would defend them in court.

As to writing to Northampton Court, I will only do this once the cheque has cleared through my parachute account and not a moment before.

Also looking at the dates, the cheque was dated 9 May, the letter dated 11 May and yet I obtained the judgement on 24 Apr. The implication is that had I not sent the bailiffs in on the 10th May I would still be waiting for my money.

The only problem now is that I do not think I will be able to go for the wasted costs order, unless someone know differently.

[wintye]

Hi

 

First of all CONGRATULATIONS, took em long enough.

 

I think you have to go for wasted costs after they have paid up and not before. I would also claim the £55. Why should have to pay anything.

 

For the wasted costs, I would obviously go for less becasue it didn't have to go to court, but you have still spent alot of time on it, postage, telephone calls etc...

 

I wish mine hadn't acknowledged. I have just sent back my AQ with £100 and awaiting to hear back.

 

Good luck, keep us informed.

Claire

[MimiJane]

Delighted for you Kandinsky ... congratulations

 

Let us know what happens if/when you claim for wasted costs.

[col123]

Congratulations Kandinski,after all the mucking about and stress they caused you,it must be satisfying that they have finally paid up,well done!

 

Your advice has been brilliant and ive often looked for your posts,keep up the good work,the rest of us still need you here so dont go away lol,kind regards col x :grin:

[Kandinsky873]

Thanks to you all:D

 

My next plan of action is that the minute the money has cleared I will be going after them again....this time for the pre-six year charges. I will first send the DPA/SAR asking for full disclosure, plus a copy of the original contract between us, which will include the T&Cs. I am also at the same time doing the wasted costs order.

 

I have no doubt that they will come back and say that this info is no longer available. Once I have that I will then start all over again ie prelim, LBA etc etc, cause what they don't know is that I have the bank statements and all that info already from the day I opened the account in 1997. The reason I am doing the DPA/SAR is to have it in writing that they do not have this info and won't have sight of it until the court case.

 

I may also consider going for contractual interest rather than 8% CC interest.

 

They have really annoyed me with the way they have treated me and also the way that they have treated all others in this forum.

 

As an aside, if anyone needs the contact details for the Alliance and Leicester Litigation Team, it is:

 

Direct Telephone : 0116 200 3504

Direct Fax : 0116 200 5151

 

Address: Alliance & Leicester plc, Group Legal Services, Customer Service Centre, Narborough, Leicester, LE19 0AL

[givvynarna]

Congratulations!!!!!!!!!

This is fantastic news! I do hope you don't desert us who are still waiting for our money as your help and inspiration has been priceless to me! I'm so very happy for you Kand! May it be inspiration to us all!

Well Done again. xxx

[Kandinsky873]

Thanks Givvy

It's been emotional....but got there in the end.

 

I wont be going anywhere for the forseable future and will always be here to offer support, encouregement advice and resounding congratulations when you and others get what is rightlfully yours.

 

As I was telling a friend today, knowledge and information is power and this site offers an abundance of both, so stay the distance and I have no doubt that you will soon be enjoying success too.

 

Kind Regards to you and all

 

K

[dizzykate]

congratulations,

 

well done and good luck for the future claims will be watching how it goes for you.

 

Kate

[Kandinsky873]

Thanks Kate, likewise with yours and I shall keep a watch on how you go.

 

K

[Russjo]

My very first posting on CAG and it's a very well done. Hoping that I'll be enjoying the same success xx

[Perseus]

Kadinsky

Congratulations, it looks like you've been to hell and back on this - and my better halfs situation with A&L is a mirror of yours so far.

So glad you were victorious!

Well done

 

Pers

[cazawilson]

congratulations and well done for sticking with it, your thread is an inspiration. Hopefuly mine will be over soon then we can all celebrate. Hope you have sucess with your further claims. I'm waiting for £1500 which will be very handy. It's a lot of money and I'm so annoyed that we have to go this far to get it .

 

Well done again

[thesergeant]

Kandinsky,

 

Congratulations and well done.

 

I would not consider the matter settled until they have paid the bailiffs fee, also did they include the daily rate of interest - usually they don't, personally I would not consider the matter closed until they have settled that. Your judgment order should make it clear that the amount due may also include the daily accrual of interest - maybe only a small amount but its still your money if they haven't paid it.

 

Wasted costs - definitely, doesn't cost you anything other than a letter to the judge and the usual draft order etc ..................... I put a copy of mine on my Crap1 thread, don't know if the judge has allowed it - I did aim a bit high on the amount claimed !!

 

Squeeze every drop out of them, gives a nice warm feeling inside................. :D

 

Now I've finished with Crap1 I am at the LBA stage with All & Pester + they have not complied with my SAR so I am about to begin a claim against them for that ................ :)

[blimeyboy]

Well done Kand.

I know you would get there in the end.

I agree about the rollercoaster.

My cheque was dated some daft date as well.

Just bank that money and wait till it clears - such a good feeling

[Russjo]

Still fairly new to all this, how do you make a claim against them for SAR

[wintye]

Hi Kandinsky

 

How is your claim for wasted costs going???

 

Claire

[Kandinsky873]

Hiya Claire

 

I am still waiting for the outstanding money from the bank (£55 for the bailiffs fee) and once I have that I am sending the wasted costs paperwork to the courts which is done and ready to go. I have also done a SAR for the pre-six years, which will be sent at the same time (although I have the bank statements having kept them, but I want it in writing that this info has been destroyed by them).

I anticipate that this will be done on Friday coming.

 

Its funny you know cause the bank said that they would contact me shortly about my account (ie closing it), but nothing has happened yet. Could be that they are waiting for me to confirm with the courts that I have been paid!!!! Guess they best get their fingers out.

 

K

[bobthecabbie]

hi kandinsky, first of all well done. would it be possible for you to enter a copy of your judgement on here for other to see and possibly use.

 

congrats again

bobthecabbie

[Kandinsky873]

bob

I will post a copy of the judgement, once I have worked out how to copy it accross as it is in adobe format.

[bobthecabbie]

hi, and thanks, you should be able to copy and paste it into word or copy and paste into a box like this.

 

good luck

[givvynarna]

Hi Kand,

Back from my holiday now and starting my MCOL.

I've got a few questions, will you check my thread?

Thanks,

Givvynarna. xxx