vincymum v A&L

[vincymum]

Evening all. I've just got my first response from A&L and I'm wondering if anyone else has received a letter with a similar flavour:

 

'The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.'

 

I shall now send off my LBA and see what kind of response I get. Will keep you all updated and will be seeking advice in the future. Is it normal forA&L to go to court stage for £242.50? Either way, I'm still prepared to take this all the way.

 

TTFN (ta ta for now)

PS. Have I managed to start a new thread? If not, sorry moderators, will try and conquor this technology stuff

[livelylad]

Evening all. I've just got my first response from A&L and I'm wondering if anyone else has received a letter with a similar flavour:

 

'The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.'

 

I shall now send off my LBA and see what kind of response I get. Will keep you all updated and will be seeking advice in the future. Is it normal forA&L to go to court stage for £242.50? Either way, I'm still prepared to take this all the way.

 

TTFN (ta ta for now)

 

 

Hi I would not worry about what they say, they will always try to show they are right. Just stick to your guns you will be fine.

[vincymum]

Thanks lively lad for that. Just thought there was something I was misisng in that letter. I closed my account with them in 2003 but kept ALL of my statements. What stage are you at?

[vincymum]

Sent the LBA on 24th April 2007. Ammended the first line to say 'I am very disappointed that you have failed to respond to my letter of 4th

april 07 by refunding the charges.'

Put it in because they did actually respond to my prelim letter, but usual sorry can't help you line, cos we ain't done nothing wrong.

[vincymum]

Hi I'm back again.

I have followed the steps as set out in this website, sending an LBA, and then filing form N1 at my local county courthouse.

 

I filed my claim on 16th May 2007, and I was very surprised to receive an Acknowledgement of Service notification from the cout which was dated 23rd May 2007. The surprise is that I received it so quickly. Also on the acknowledgement of service

 

'the defendent responded to the claim indicating an intention to defend all of the claim......'

'the defendant has given a new address for service of documents

 

Bridle Road

Bootle

L30 4GB'

 

Has anyone else received anything similar. When I sent my LBA I did not get a response to it by them. However Royal Mail are sending me POD hardcopy to proove it did arrive. I'm peeved that I haven't even had an offer from them (as yet!) Are these just scare tactics???

[maxt2001]

i would imagine that they havent replied because they are snowed under and cant keep track at the moment. i would just sit tight. from what i have read on here A&L normally say that they are going to defend then pay up within a few days of this.

[vincymum]

i would imagine that they havent replied because they are snowed under and cant keep track at the moment. i would just sit tight. from what i have read on here A&L normally say that they are going to defend then pay up within a few days of this.

 

 

 

Hi maxt2001,

OOOOhhhh lets hope they do pay up soon! Will keep you updated. Thanks for your input.

[vincymum]

Well, to date A&L have not made me an offer at all. My story goes like this:

Sent prelim letter

Received typical response to the tune of: sorry about your complaint, however.......... if I do not receive communication from you within the next 8 weeks I will presume the matter closed.

So I sent the LBA.

Nothing.

So I filed claim form N1 at court on 16th May 2007.

They acknowledged claim and have 28 days from 23rd May to defend the claim.

Not heard a dicky bird since. Not even a sniff of an offer!

BAS****Z!

[vincymum]

I filed my N1 on 16th May 2007. It was deemed served on 18th May 2007. They had until 01 June 2007 to file a defence.

 

I received Notice of acknowledgement of service dated 23rdMay 2007 from court regardingmy claim with A&L. 28 days are up, and they have not filed a defence. What can I do next?

I don't want judgement by default becauseI do not want to give them an excuse to have the order set aside /stayed. Any suggestions please?:o

[jansus]

bump

 

there is some information i think in step by step instructions about the court stage - but hopefully someone will answer you soon.

 

did you file at local court? I hear the court staff can be very helpful.

 

Jansus

[vincymum]

Thanks jansus, I'll have a look. I filed at my local court using form N1 at Reading. I'll give the court staff a ring actually now its come to mind.

 

Anyone else had A&L give notice that they are going to defend the claim, and then not even bother defend? what did you do next?

[jansus]

bump

 

 

I filed mine by MCOL and recieved the 6 page defence really quickly -then an offer from A&L( rejected)

 

So I am not quite sure what to say - maybe someone will answer you soon?

 

 

Keep reading all the threads here to see if it has happened to anyone else.

 

Jansus:)

[MimiJane]

Thanks jansus, I'll have a look. I filed at my local court using form N1 at Reading. I'll give the court staff a ring actually now its come to mind.

 

Anyone else had A&L give notice that they are going to defend the claim, and then not even bother defend? what did you do next?

 

This has happened to quite a few people on moneysavingexpert.com and most have been able to apply for judgment by default as far as I'm aware and got their money. Yes, the judges may in some cases have given A&L/Wragge more time, but what have you got to lose? They are the ones in the wrong by not serving their defence; you have done nothing wrong.

 

I recommend you apply for judgement by default ... it could well be the quickest way to get your money in full. The court should be able to advise you.

 

Good luck and keep us informed.

[vincymum]

Thanks for that bit of advice MimiJane. I will request judgement by default on Monday. Strange though as I have followed all the steps laid out by this website. AnywayI don't care, as long as it results with some special bits of crispy paper in my account asap I don't mind too much.

The people at court seem to be quite friendly so far, so I shall also talk to them when I take my request to the counter.

Will keep you updated, and many thanks for the response.

 

You are factually correct in that they have not filed their defence in time, there were no further papers that I needed to send to Bridle Road as they had requested & not the HQ.

 

vincymum

[MimiJane]

Strange though as I have followed all the steps laid out by this website.

 

This makes no difference, so have many other people who've not had defence papers ... A&L/Wragge are obviously inundated, or have intentionally "forgotten".

 

Mimi

[jansus]

watching with interest,

 

Is Reading court close to you?(without giving info that A&L spies might see!)

 

I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched:rolleyes: )

 

Jansus:)

[vincymum]

watching with interest,

 

Is Reading court close to you?(without giving info that A&L spies might see!)

 

I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched:rolleyes: )

 

Jansus:)

 

Not entirely, a good 40-45 minute walk away. Reading has changed so much in the last 5 years or so. Everytime i go to the town centre, some new shop has opened, building gone up, buses changed etc...... I remember when Broad street wasn't pedestrianised, and Huntley & Palmers were still producing biscuits, and Sutton Seeds were still about.......Oh well times change...People have kids that they have to take to football tournaments in the rain, and mud on a Sunday. Really it was a laugh,and great fun. i'd do it again no problem.(football tournament, not the kids)

You can tell me who you worked for, I'll still respect you in the morning LOL! hee hee

[vincymum]

watching with interest,

 

Is Reading court close to you?(without giving info that A&L spies might see!)

 

I used to work in Reading for 10 years ( wont say who for as it was a large financial institution and I might get lynched:rolleyes: )

 

Jansus:)

 

Now the alcohol has worn off a bit, could the institution have been the '

Prudential'? If so do not worry. I worked for them too for a short while as a temp.

[vincymum]

I think I have won

Asked for judgement by default only to find out that A&L had already written to the court earlier admitting that all the money was owed.

 

Filled in the form, and handed it in, signed.

Will keep you updated as to when I get cleared funds, then I can make a donation.

At first I was furious, but now I'm over it.

Emotionally exhausted

 

vincymum

[MimiJane]

I think I have won

Asked for judgement by default only to find out that A&L had already written to the court earlier admitting that all the money was owed.

 

Filled in the form, and handed it in, signed.

Will keep you updated as to when I get cleared funds, then I can make a donation.

At first I was furious, but now I'm over it.

Emotionally exhausted

 

vincymum

 

That's great, so pleased for you. Keep us posted ....

[younganfree]

We're all waiting with baited breath. A win is just what is needed at the moment, to boost fading morale!

[MimiJane]

If nothing received from Wragge by end of this week, I'm also going for judgement by default (deadline for their court papers).

[jansus]

I think I have won

Asked for judgement by default only to find out that A&L had already written to the court earlier admitting that all the money was owed.

 

Filled in the form, and handed it in, signed.

Will keep you updated as to when I get cleared funds, then I can make a donation.

At first I was furious, but now I'm over it.

Emotionally exhausted

 

vincymum

 

Hopefully great news - just make sure they pay before cancelling the court proceedure.

 

I actually worked for GRE on Reading bridge then The Halifax in friar street - happy memories actually - also my very first job was in the hotel The Ship. I lived between Reading and henley and then close to Palmer Park and Earley . The pub we used to use (god my memory - think it was the london inn) is now a cafe and the Halifax building is a trendy bar I think.Still come shopping to Reading sometimes as I prefer it to Oxford.

 

 

Look forward to your post when you confirm you have the DOSH!

 

 

Jansus

[vincymum]

MimiJane, youngandfree, and Jansus, glad that I was able to raise morale a bit. Please be assured that court action will not be stopped unless and until I recieve cleared funds. As they have admitted owing the money well before I applied for judgement by default I expect to get it soon-ish.

MimiJane, I think there is nothing to loose in applying for judgement, because if at the very worst the apply for a stay, then you can reply within the 14 days or so (or whatever it is) with reasons why you object..

Better get a life now and get to bed!

Good luck to all, and many thanks again

[MimiJane]

MimiJane, youngandfree, and Jansus, glad that I was able to raise morale a bit. Please be assured that court action will not be stopped unless and until I recieve cleared funds. As they have admitted owing the money well before I applied for judgement by default I expect to get it soon-ish.

MimiJane, I think there is nothing to loose in applying for judgement, because if at the very worst the apply for a stay, then you can reply within the 14 days or so (or whatever it is) with reasons why you object..

Better get a life now and get to bed!

Good luck to all, and many thanks again

 

Here's hoping you get your money soon

 

A&L/Wragge will had a total of 42 days to get their papers in ... if they fail, I can't see how any judge would accept an application for a stay (though of course you never know:rolleyes:).