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

[younganfree]

MJ, you really want to chill!

As the saying goes 'don't cross your bridges before you come to them'. You're just storing up trouble for yourself if you do. Unless of course you're one of those people who just love to worry.

I've always found that worrying over something doesn't make it any better, and if what you're worrying about doesn't happen then you've worried for no reason!

If you've followed the tried and tested formula of the BAG, you'll be fine. A&L use scare tactics, and reading round the threads you'll see it works, most people are scared witless! They keep up the fight though, that's the main thing. Just like you are doing.

Forget about the court bundle for now. Read round the threads again and take comfort from those who've finished the fight and received their money.

You WILL get your cheque.

[Bookworm]

5 threads merged, please stay on 1 thread per claim.

[MimiJane]

MJ, you really want to chill!

 

As the saying goes 'don't cross your bridges before you come to them'. You're just storing up trouble for yourself if you do. Unless of course you're one of those people who just love to worry.

 

I've always found that worrying over something doesn't make it any better, and if what you're worrying about doesn't happen then you've worried for no reason!

 

If you've followed the tried and tested formula of the BAG, you'll be fine. A&L use scare tactics, and reading round the threads you'll see it works, most people are scared witless! They keep up the fight though, that's the main thing. Just like you are doing.

 

Forget about the court bundle for now. Read round the threads again and take comfort from those who've finished the fight and received their money.

 

You WILL get your cheque.

 

Yes, I'm worried ... partly because I included some service charges I should not have done and partly because I'm claiming on behalf of a relative who can't cope with any of this at the moment for personal reasons. I've told her not to worry about anything and I'll do all the worrying for her ... can't let her down can I:rolleyes:

 

Seriously, thanks for the kind and wise words and I will try to chill

 

x

[mochamoo]

NA

[MimiJane]

Thanks Mochamoo Once this is all over, my sister can take me out to get wildly drunk ... the least she can do.

 

I'll keep you posted ...

 

x

[mochamoo]

N/A

[MimiJane]

Defence arrived this morning (as expected!)

 

My sister is bringing it over tomorrow, so I can have a look at it. Am I right in thinking she doesn't have to reply to it? I'll have a look through and, if I'm not sure about any of the points ... "I'll be back!"

 

Expect an endless stream of questions to all you good people:rolleyes:

 

x

[MimiJane]

Can someone help please ...

 

I've read my sister's defence and Clause 10 states the following :-

 

"The claimant has failed to particularise the claim against the defendent adequately or at all and the claimant is requested to particularise each and every charge that the claimant alleges the defendent has added to the account, specifying the amount charged, the dates of the charge and the explanation given for the charge".

 

Clause 11 :

 

"The defendent repeats paragraph 2 above."

 

The full list of charges and interest has already been sent to the bank (and the court) ... should I also forward this to the solicitors? If so, should I just keep the letter brief and give them no further info.?

 

I've inadvertently "over-claimed" some charges (£5 OD monthly charges) to the tune of £200 (a small proportion of the claim ... should I just let it continue and claim ignorance?

 

Thanks for any help.

[MimiJane]

Don't want to start another thread as such, so please see my thread below ... I'd really appreciate a reply:

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/84991-mj-versus-l-2.html

[caro]

What did your particulars of claim say? Is the total amount of charges in your schedule, the same amount as your POC?

 

If the 5.00 charge only occurs in the months you went overdrawn, then it can be claimed.

[MimiJane]

Thanks for the reply.

 

The POC are worded as per the template and do tally with the schedule ... everything's been done to the book, apart from the service charges I'm uncertain about. Not sure if my sister was overdrawn at the times when the £5 was charged, I'll have to check. As these charges were incurred over a number of years, I would say at times she was and at times she wasn't.

 

Do you think it best just to send the detailed schedule to the solicitors (who are claiming the charges are not particularised) and see what happens from there?

 

Thanks.

[caro]

Yes, just send them a copy with a brief covering letter.

 

Dear xxxx

 

Claim no xxxxxxxxxxxxxxxxx

 

Please find attached detailed schedule of charges, which it appears from the defence submitted in the above case, you have not received. The bank and the court have already received this, but I attach a copy for your information.

 

I trust that this will meet your needs, but please let me know if you need any further information to help resolve the matter as I am keen to settle it quickly and avoid wasting the courts time.

 

Your sincerely

[MimiJane]

Many thanks for your help

 

No doubt I'll be back soon with more questions when I hear from the court

[MimiJane]

Hi there,

 

I've read a couple of posts in other forums where people are presuming that, if the bank's solicitor doesn't turn up in court for the hearing date, they automatically win by default.

 

I was under the impression that you still had to state your case before any judgement was made, even though it obviously wouldn't look good if the defendant doesn't turn up:rolleyes:.

 

Which is right?

[MimiJane]

Can someone please give me some advice ... I've now had notification that proceedings have been transferred to my local court, though no date as yet :-

 

- I've been told there's no AQ, but a fee may be payable, so will ring the court re. this.

 

- I have 14 days to apply to have it set aside, varied or stayed. Is this when I should now send off the Draft Order for Directions to ask the judge to consider it, or should I wait for a date first?

 

- Also, is now the right time to send the first "nudge" letter to Wragge (when I know from the court if an extra fee is payable)?

 

- Do we continue to work in calendar days rather than working days?

 

- I feel that I should start to get my court bundle together. I've read that 3 copies are required, but that you should take the originals to court. Isn't it therefore only necessary to have 2 copies ... one for Wragge, one for the court and I take the originals? I don't obviously intend to copy the bundle yet, but would appreciate knowing in advance as there'll be so much to copy if needs be.

 

Any help with the above much appreciated.

[caro]

I need exact answers to help.

 

1. How much was the claim on your Particulars of Claim?

 

2. How much are you now claiming?

 

3. How much was on the spreadsheet you sent in?

 

4. How much were you claiming on your preliminary request for payment.

 

5. How much was the cheque that your returned?

 

6. Is there any mention of the charges that you now say that you should not have claimed in the defence?

 

7. What type of A&L account is this?

 

8. Please post your POC so that I can check it.

 

It is not at all usual to be able to claim a higher amount once the claim has started without applying to the court for permission to amend your claim on an N244 and paying the appropriate fee.

[MimiJane]

Hi Caro,

 

I want to send you a PM, but you have no space left ... could you clear some space for me please.

 

Mimi x

[caro]

Might be easier to email [email protected]

[caro]

I've tried to reply to your email 3 times from 2 different email addresses but it keeps coming back undelivered. I have no idea what the problem is.

 

Could you also send me a scan of the defence please.

[MimiJane]

Hi there,

 

Sorry you're having problems emailing me. Just asked a friend to reply to an email and it's arrived OK, so not sure what the problem is.

 

I've sent you a scanned copy of the defence.

 

Perhaps reply on here if you can't email, though I'd appreciate you being careful with sensitive info.

 

Mimi

[caro]

I wonder if my email is being rejected as it is not on your list of contacts or safe addys. Also, although I had the email about the defence, the defence wasn't actually attached.

 

EDIT

It might be a good idea to post your defence on here MJ. A&L know what's in it already, and it might help other people to see what to expect. I see you are not the only person who has had a defence, so it seems they are finally changing their tactics.

[MimiJane]

I've added your email to my contact list, if you want to try again. Don't understand about the scanned copies not being visible ... I can see them on my email to you. I'll get onto this and have another go.

[allen0601]

hi wondered if any one can help me ive been done the sending all the letters path but still no joy infact i even called the a&l and was basically told to get lost so now just starting the court process. Ive part filled out my mcol but am i little confused there seems to be a lot of people talking about a spread sheet of charges? ive got a full list of my charges going back to march 03 adding up to over 5000.00 if im supposed to send these with my mcol how do i do it?? need help!!!

[allen0601]

hi there wondered if i can ask when doing a mcol how do i send a list of charges with it

[allen0601]

hi mimijane just wondered if it made a difference if the bank is in joint names but the mcol is just in mine, my partner knows im doing this but there only seems space for one name on the mcol is this ok??