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MJ versus A&L ***WON***

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Hi fellow claimers:-) My first post here ... looking for a little advice and reassurance.

 

I've been through the letters stage, got all the standard replies and have just started court proceedings online.

 

My first concern is that, initially, the spread sheet of charges sent to the bank excluded any interest calculations (as per the step-by-step instructions on this site). WhenI submitted the claim online, I did not attach the interest charges, but just put the interest figure in the particulars so, to date, neither the court nor the bank have a spread sheet detailing these (though I have since prepared one to include all the details). My question is ... should I wait to hear from the court/bank before submitting this?

 

Secondly, I included all monthly OD charges in my calculations ... have others done this also? Is this correct? I'm claiming for 6 years' worth of charges and an overdraft facility was arranged approx. 4 years ago. These monthly charges make up a large amount of the claim, but are A&L likely to contest these and use this to delay matters do you think?

 

These two points are really worrying me and I'd be grateful for any advice.

 

Thank you.:-)


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Many thanks for the reply.:-) I did include the interest total when submitting MCOL, but did not include the spreadsheet with the charges included.

 

I've today had a cheque from A&L, which is nowhere near what I'm claiming for, so am returning it. Now is perhaps a good time to include the spreadsheet to include the interest, so that at least the bank have it.

 

Just wondering about hearing from the court ... I imagine at some stage I'll get an AQ or something to complete, at which time might it be appropriate to send them the interest schedule then, or should I send it now do you think?


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Thanks so much for all your help ... I'll prepare the letter and ring the court tomorrow.:-)

 

x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Don't worry, I will, especially as you've been so helpful.icon7.gif


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hey,

 

Ive just read this, http://www.consumeractiongroup.co.uk/forum/abbey-bank/84420-case-struck-out-help.html

Get your spreadsheet in ASAP!

 

Thanks for the warning ... I'll act swiftly.


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Having received the "standard" replies to the two letters, I started proceedings with MCOL on 10/4 to claim over £3k (on behalf of a relative). They sent a cheque for a quarter of this amount and a letter's gone off to them today rejecting it, returning the cheque and also sending them a list of interest charges she's now also claiming for (which I also emailed to the court after speaking to them).

 

They have just acknowledged and all the bumph arrived with my sister this morning. Fully expect them to defend now they've had their "thanks, but no thanks" letter.

 

I'm a little nervous about the charges list as I've included all the monthly OD charges ... a long story and I've no idea if these were within her overdraft limit, but I've read a couple of success stories where they've been claimed and A&L have paid up, so fingers tightly crossed.:confused: Anyone know what's likely to happen if they dispute these chargesicon5.gif

 

Anyway, for now I guess it's a waiting game to see if they decide to defend or not (fully expecting them to).


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Are you doing the claim for someone else?

 

Yes, I'm doing the leg-work for a relative. Not sure what to do (if anything) about these £5 monthly OD charges which I've included on my schedule and submitted to MCOL and the bank. Any idea what will happen if I just leave things as they are? Any help appreciated ... I'm worried!


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi guys,

 

Hope someone can help me here ...

 

I inadvertently included some OD monthly charges of £5 in my interest schedule which has gone to MOL and the bank (though I gather the £10 and £25 are OK to claim back). These "extra" £5 charges make up about 4% of my claim. The bank have just acknowledged and I'm now really worried the case will be struck off, knowing how awkward A&L can be.

 

Anyone have any idea what might happen if I sit tight and wait? I'm a bit loathe to start altering things as it could prove to be pretty messy as I'm claiming for someone else.

 

Any help much appreciated.


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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You might still be able to do an amendment, I had to do one (I was claiming too little!) and it only costs £35 - which I suppose you might be better off paying in the long run compared to getting nothing.

 

Speak to the MCOL helpline. they are really helpful and should be able to give you guidance :)

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Many thanks for the reply. I've spoken to the court and they're not supposed to give you any advice on these matters, but still think I'm more inclined to see what happens. The amendment process looks so complicated and the bank have already acknowledged ... I'll have a think.


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Yes, I'm doing the leg-work for a relative. Not sure what to do (if anything) about these £5 monthly OD charges which I've included on my schedule and submitted to MCOL and the bank. Any idea what will happen if I just leave things as they are? Any help appreciated ... I'm worried!
Only MHO, MJ, but I'd let it play out and see what happens.

 

If worst came to worst and it ended up in the courtroom (unlikely from past experiences shown on the forum), then they could go through your schedule charge by charge and have the 'dodgy' ones removed by the judge but you'd still be entitled to the rest as legitimate claims.

If I'm incorrect in thinking this, I'm sure someone will put me right! 8-)

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Thanks, any reassurance greatly appreciated!icon7.gif

 

I'm already going through my sister's defence in my head : the bank had a list of charges and didn't identify these as being unclaimable, just stated ALL are unclaimable, which we know is incorrect:rolleyes:, etc., etc.

 

Wondering how the bank are going to play this one ... should be interesting (if pretty frightening :rolleyes:). I'll keep you posted.

 

x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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No problem ... grateful for your input at any time mochamooicon7.gif


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I've had my MCOL claim acknowledged and the bank now have 'til 15/5 to state if they want to defend my claim. My problem is that I'm away for a few days around this time without access to a computer so, if A&L decide not to defend, I'll not be able to click on the "request judgement" button. I'm sure they will decide to but, if they don't, will it make any difference that I'm not around?

 

I keep reading about people staying up 'til after midnight to request judgement, but surely this won't make any difference ... either the bank decide to defend or not, or do they have some leeway after the deadline date :confused: If this is the case, I'll have to speak nicely to a reliable friend/relative :rolleyes:

 

Any advise would be most welcome.


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Once a judgement order has been applied for and issued by MCOL it is very difficult for the bank to justify. In order to get the judegement overturned they have to apply to the District Judge, something that the A&L have not done to date.

 

You say that you will not be around for a few days during the relevent period (15/5), however if you can get access to a computer, internet cafe etc then you can do it from anywhere on the globe. Failing that get a very reliable friend/relative to do it and show them exactly what to do.

 

There is little point in staying up till midnight to do it...as long as you enter judgement before 9am on the correct day that is fine. The bank still have until 4pm to enter the defence, after that judgement stands.

 

Good Luck

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Many thanks for the useful info. :-) No internet cafes where I'm going, so looks like I may have to get a friend's/relative's help. By the way, would I be able to apply for judgement on the morning of the 28th day, or would it be the 29th?

 

x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Getting worried now ... has anyone had to go to court who's claiming from A&L? Is it really worth starting to prepare a court bundle as soon as they put in a defence (which I'm expecting to happen soonicon9.gif) or is it worth waiting a couple of weeks to see if they pay up, that's if the court date isn't imminent of course? I'm finding all the court bundle info. so confusing, but appreciate that, to get it right, copied, etc. is going to take some time.


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Thanks for this.icon7.gif Presumably all this applies when filing for judgement on MCOL?


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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