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What do I do now? Dilemma!


nicgould1981
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Hi everyone, I am trying to claim back over £600 that Alliance and Leicester have taken from me in the last 6 months.

 

I have been following the steps suggested and have filed a claim with MCOL. I'm really confused about this because when I filed it, it said they had 14 days to respond, which would be in 5 days time, but today I have had a letter from MCOL saying that it was issued on the 17th April, and they now have 28 days to respond! Does anyone know what this means????

 

In the meantime A and L have sent me a cheque for £198, suggesting this is a reasonable amount to have back! So do I take it???

 

I just don't know what to do and am confused and scared now! Any advice would be much appreciated!

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1st calm down

 

You don't say when your MCOL was completed on line so can't comment about 17 April

 

After you issue they have 14 days to submit an acknowledgement followed by a further 14 days to submit a defence total 28 days. If they fail to acknowledge within 14 days or submit their defence after a further 14 days then you can apply for a default judgement.

 

Although Northampton CC does seem to give the banks a lot of latitude in this regard when they shouldn't

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Thanks so much Blimeyboy - I was feeling very confident about this until I got this letter and the cheque!

 

Its a really long letter referring to the OFT, and saying that the charges were made in line with my T's and C's. However, in order to resolve this matter they are prepared to refund the sum of £198. This reflects the difference if the charges had been £12 instead of £20 to £30. If I don't want to accept it I can send it back to them. Oh and also they'll close my account if I don't accept this (which I'm already prepared for!)

 

I really hope it doesn't end up going to court! Whats £600 to them?!!!

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Right yep they are trying to ofefr you a small proportion to go away.

Send them a rejection of offer letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Enclosing the cheque torn in half.

 

Stick to the timetable

 

You will get your money back but you have to be patient and follow the step by step guides to the letter.

 

Lots of poeple on here will help and support you all you need.

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The £12 penalty is still unlawful unless they can prove it represents their liquidated losses which we all know they can't

 

It's a figure plucked from the air by the OFT & at which level they will disgracefully not take action

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Thanks everyone. So in general, do A and L leave it til the last minute before paying up? So what will happen next?

 

It says they have 28 days to file a defence - will they do this? I'm sure the amount of letters they've already sent me had cost them £600 already!

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Thanks blimeyboy - can you tell me what the timetable is? (Sorry if I'm being thick!)

 

I issued the MCOL on 10th April, and they acknowledged it on 18th April. Then I received the letter from the solicitors today.

 

Do you know what happens next?

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Ok your time table is

deemed served 15th April + 28 days for acknowledgement = 13th May.

Basically its 33 days from from when you issue the claim.

Now you should get your money before then or you can apply for judgement after the 13th May.

Hope this helps

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Just keep hold of it and file it with previous letters from the bank and all your letters to them plus statements etc. then sit back, make a brew and wait for the cheque

 

One of the following will happen between now and the 13th:

1. They will offer you a settlement figure - usually well below what they owe

2. They file a defence - you will get a copy from the court plus the allocation questionnaire

3. They settle in full

4. They do nothing and you go for judgement against them

 

Just out of interset what did the solicitors letter say?

And can I ask is you accounts still open with A&L

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They offered me a settlement figure on 18th April which I rejected because it was for £198 and they owe me over £600.

 

The solicitors letter says 'We enclose a copy of our clients acknowledgement of service giving notcue of intention to defend' and its attached.

 

My account is still open - can they close it without warning?

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It is likely that once you have got your charges back they will close your account ( they have to give you at least 30 days notice).

I would open another account with another bank just in case.

 

As I think I mentioned earlier the solicitor letter is standard issue. Basically they are trying to scare you into dropping the case.

 

Hold tight and remember there are lots of people on here that will help

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More developments...

In the post the other day I got another letter from A and L's solicitors, enclosing their defence. And attached is a 6 page defence!

I'm getting scared again now - should it be ging this far?!

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More developments...

In the post the other day I got another letter from A and L's solicitors, enclosing their defence. And attached is a 6 page defence!

I'm getting scared again now - should it be ging this far?!

Yes, nic, be prepared for it to go all the way.

They want you frightened because then you may back down and they win!

Don't give them the satisfaction. Stick with it and you will come out the winner. You've done most of the hard work, now all that remains is to hold your nerve. :cool:

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Right I am panicking now because I'm not sure what my next move is.

 

A and L have filed a defence from their solicitors but I haven't received this questionnaire from the courts - do i need to wait for this or do I need to do something???

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I am at exactly the same stage now, defence received in the post on Friday, but no AQ yet. I also received a cheque in partial settlement, which I have done nothing with yet.

Do I need to formally reject this partial offer, and what should expect next?

Thanks!

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Waggle and co have sent me a 6 page defence which I received last weekend on 28th april, I have received nothing from the courts not even a copy of their defence. I will speak to the courts on Monday if their open and see if a defence has been filed. Looking at my case on the MCOL site it still shows ackowledged on 24th so surley if they havn't filed anything with the courts then their time will be up on 13th May ( if i have my dates right) Blimeyboy i think youn give such good advice and i have followed you on many threads which show similar situations. Surley I should have received something in the last week from the court or are wraggle just having a laugh. Don't want to be on GMTV as 'the one that lost'. Please help to put my mind at rest. My case was served on 15th April and they acknowledged on 24th so am i right in thinking that 13th May is D-Day???

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