bobthecabbie v A & L

[bobthecabbie]

hi, can anyone help? im claiming in excess of 10k from a&l, would it be best to make seperate claim or make one claim in the county court?

 

there is an online service kindly provided by her majestys government called "money claim online" www.moneyclaim.gov.uk/ which guides you through the process then calculates how much you have to pay in costs. but this claim is then dealt with by the county court i think. i have just read that someone lost the second part of their claim because they split it into 2 parts. although this may have been because the second part was pre 6 years.

 

all my claim is within the 6 year period and help would be greatly appreciated.

[Guest Mumofthreeboys]

Is the £10k with or without interest? If it's with interest, what rate are you using?

[bobthecabbie]

with interest, i used the interest template of 8% or 0.2222 etc

[bobthecabbie]

hi, i have just received an "acknowledgement of service order" from wragg and co the alliance and leicesters solicitors. they made me an offer of 40% of what i was claiming which i rejected. anyone have any advice. court case is due on 21 may at northampton county court and not small claims court.

[jonni2bad]

Hi

 

I presume that your case has been listed for Fast Track?

 

Have you had any notification from the court about exchanging documents (evidence) that you will both require?

 

With Fast Track comes Standard Disclosure - this means that you can ask for documentary evidence from the bank of their charging regime. They won't supply it, by the way, since it will basically scupper their defence.

 

Let us know the above and we can advise you from there.

[bobthecabbie]

hi, not sure if its fastrack. i obtained order through hmcs online. the document said that they have 5 days to reply and poss another 28 after that. have not had anything else except this letter from wragges

[bobthecabbie]

Hi

 

I presume that your case has been listed for Fast Track?

 

Have you had any notification from the court about exchanging documents (evidence) that you will both require?

 

With Fast Track comes Standard Disclosure - this means that you can ask for documentary evidence from the bank of their charging regime. They won't supply it, by the way, since it will basically scupper their defence.

 

Let us know the above and we can advise you from there.

 

not sure if its fast track. i have just received standard form telling me that the case is in process. a and l have sent the form to me saying they get an extra 28 days.

[Guest Mumofthreeboys]

not sure if its fast track. i have just received standard form telling me that the case is in process. a and l have sent the form to me saying they get an extra 28 days.

 

They don't get "an extra 28 days". They get 28 days in total from the date the claim was deemed served, but in order to use the 28 days they have to acknowledge your claim within 14 days.

[bobthecabbie]

They don't get "an extra 28 days". They get 28 days in total from the date the claim was deemed served, but in order to use the 28 days they have to acknowledge your claim within 14 days.

 

yes sorry, they have sent acknowledgement and they get 5 days at begining to say theyve received it. i had letter this morning from wragge solicitors with the acknowledgement. they sent cheque 3 days ago offering about 35% of claim and i sent them letter of rejection.

[Guest Mumofthreeboys]

That's fine then, don't panic. Wait until you receive their Defence.

[bobthecabbie]

That's fine then, don't panic. Wait until you receive their Defence.

 

 

many thanks, very much appreciated. what do you think is likely to happen

[bobthecabbie]

many thanks, very much appreciated. what do you think is likely to happen

 

ps, i have said i am posting the cheque back to them after 7 days, is this still the correct thing to do.

[bobthecabbie]

That's fine then, don't panic. Wait until you receive their Defence.

hi, i have just realised that i did not fill out my particulars of claim properly on the online form, is it to late to amend it? also i have just sent the court the schedual of charges.

[Guest Mumofthreeboys]

hi, i have just realised that i did not fill out my particulars of claim properly on the online form, is it to late to amend it? also i have just sent the court the schedual of charges.

 

Right ok, when you say you haven't filled out your POC's properly - what did you put in them?

 

This is important - we need to know this asap!

[bobthecabbie]

it says " i wish to make a claim that charges were made to my account betweent 21 march 2001 and 13 march 2007. despite several letters requesting the money owed to me i have received 2 letters from a&l both rejecting my claim. the first letter states that the oft report only applies to credit cards and the second states that in their opinion the charges are fair. the claimant claims interest etc etc."

 

also i am preparing a letter to wragge and co listing a schedual of charges and acknowledging their letter, is this also the right thing to do

[livelylad]

Where did you get that POC from?

[bobthecabbie]

could not copy and paste the one i wanted so put in what i thought was correct. woman on helpline said it seemed ok!!

 

also do i need to send schedual of charges to court or wait until asked to submit it

[livelylad]

This is what you need to use, amend to suit your claim.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Use the N244 to amend the claim this will cost £35 which you cannot reclaim.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[bobthecabbie]

also preparing letter to wragge and co "

Dear Sirs,

I acknowledge receipt of your letter dated 25 April 2007.

Please find enclosed a schedule of penalty charges along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £11858.74.

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourselves and the judge in court.

is this the correct thing to do

 

 

 

[bobthecabbie]

This is what you need to use, amend to suit your claim.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Use the N244 to amend the claim this will cost £35 which you cannot reclaim.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

 

could you tell me what figure i put on the new poc form, is it the gross amount of charges claimed or is it the total including interest

[bobthecabbie]

hi, i have today been served a letter of defence by wragge and co from a&l. Has anyone else got one of these or can anyone help.

thanks

bobthecabbie

[MimiJane]

Yep, got mine a few days ago. All their defences seem to be pretty standard. If you have the clause saying you've not particularised the claim adequately (normally clause 10), just send them your itemised schedule, say you've already sent this to the bank and the court (if you haven't, do it now), then sit back and wait for the court date.

 

When you have a hearing date, if the Allocation Schedule has been dispensed with (pretty normal now), send them the first "nudge" letter if they haven't paid up, which you'll find here, together with nudge letter number 2.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

 

Lots of us are in the same boat at the moment. Good luck and let us know how you get on.

[bobthecabbie]

hi thanks, what do you put in the "nudge" letter if and when needed.

[stripeuk]

I got this today as well and sure enough included clause 10. I sent schedule to the court, their registered address and their Customer services!! will of course be sending again. Good luck to us all

[dizzykate]

bob the cabbie

 

I have filed aq at the court but have sent them a copy of schedule (showing all the charge descriptions) and I have sent them a nudge letter

 

as follows

Dear Sir/Madam

 

******** v Alliance & Leicester plc

Claim No ******** issued *****deemed served ******

It has come to my attention that as of 2 May 2007 you had not filed the Allocation Questionaire in this case which is due by 17 May 2007. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim. This schedule has been slightly amended to show the description of each charge. I will file one of these with the court if they advise this is necessary and also am sending one to the Alliance & Leicester.

 

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £****** I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Sincerely,