joe1969 V A&L

[joe1969]

Hi everyone,

Having spent a few weeks reading up a lot of threads on this site , i decided to start my claim. I sent my S.A.R. on 5/2/07 and received my statements exactly 40 days later.

I sent my prelim letter on 2/4/07 for charges of £1972.50 plus i decided to go for contractual interest of %17.08 after reading ROS's thread against A&L , which worked out at £853 using Mindzai's spreadsheet. A couple of days later i received standard get lost letter . Sent my L.B.A. on 23/04/07 and again received standard get lost letter.

On 8/5/07 i filled in my N1 and took it to the local county court at Wigan including £120 court fee on my claim totalling £2945.50 , and am now just waiting for them to get back to me with a claim number. I have to admit it was a bit scary going into a court for the first time.

 

Joe

[younganfree]

You seem to have everything in hand, Joe. Good Luck.

[joe1969]

Thanks Young.

Just a quick question for anyone that could help me is that when i received my statements i received 6 1/2 years worth , so i sent off an L.B.A. for non-compliance on 19th April because i opened my account 20 years ago and they have not replied to this.

I know i can file a claim with the court , but how would i prove that they do keep statement information for more than the 6 1/2 years.

 

Joe

[joe1969]

Hi,

I have received my copy of N1 back from the court and A&L have until the 30th May to reply , do i need to send anything off in the meantime or do i wait until they have acknowledged my claim. Will i receive a letter from the court or do i have to ring them up.

Cheers Joe

[younganfree]

Try looking at this Getting MCOL Right (hope the link works!), maybe it'll answer your questions, joe.

[joe1969]

Thanks Younganfree.

Just a quick update.

Yesterday 18/05 i received a letter of Wragge & Co. stating their intention to defend the claim. Today 19/5 i received a cheque from A&L for the derisory amount of £273 out of a claim for nearly £3000 stating this is the difference between the charges and the £12 only on charges applied when i was already overdrawn. Rejection letter going on Monday. I also received a letter from another customer services person at A&L dated the day after the letter with the cheque saying they are sorry about the delay in dealing with my claim but will deal with it as soon as they can. I don't think they communicate with each other.

 

Joe

[MimiJane]

Thanks Younganfree.

Just a quick update.

Yesterday 18/05 i received a letter of Wragge & Co. stating their intention to defend the claim. Today 19/5 i received a cheque from A&L for the derisory amount of £273 out of a claim for nearly £3000 stating this is the difference between the charges and the £12 only on charges applied when i was already overdrawn. Rejection letter going on Monday. I also received a letter from another customer services person at A&L dated the day after the letter with the cheque saying they are sorry about the delay in dealing with my claim but will deal with it as soon as they can. I don't think they communicate with each other.

 

Joe

 

This is what happened to me ... though they sent me a cheque for £850 when claiming for £3k (rejected). Got a letter a couple of days later saying they were dealing with it:rolleyes:

[Jess68]

lol that got me... for a bank they dont add up very well..... at an average of £25 per charge and they were offering half ish (£12) meant u shud have been offered at least £1500, and to think these banks have our finances in their hands and they cant even work it out.

[joe1969]

Thanks Mimi & Jess

 

This is a section of the letter i received 16/05/07.

 

Default charges may apply to current accounts when items are presented for payment whilst the account is in excess of its overdraft limit and are returned unpaid (bounced) and a fee is charged. We do not believe that the term applies to other types of fee.

We believe that our charges have been made in accordance with the Terms and Conditions of your account, of which you have been given a copy. However having considered the particular circumstances of your case and taking into account the OFT review, in order to resolve this matter, we are prepared to offer the sum of £273 which includes the court fee of £120.

 

 

Just wondering if anyone reads anything into this or wether it is just a standard letter as regards to the small offer as my charges were £1972.50 + £853 contractual interest + £120 court fee.

 

Cheers Joe

[MimiJane]

Yep ... my letter's the same (apart from the amount offered) ... I'm sure they're all pretty standard.

[joe1969]

Thanks Mimi,

For putting my mind at ease, I thought they had singled me out for some reason.

[MimiJane]

Thanks Mimi,

For putting my mind at ease, I thought they had singled me out for some reason.

 

That's the intention, but believe you me, I've yet to see something from them that isn't standard

 

x

[blue.pricey]

HI think they do the same for everyone on fri got aletter off wragge and co saying they were defending on sat mornin cheque from a & l for the difference between twelve pound charges and my claim going to send rejection letter in the mornin admit was tempted to take it over the weekend but woke up with more resolve today

[joe1969]

Hi everyone,

I sent the cheque back with rejection letter on Monday.

Received defence papers from Wragge & co. on Tuesday morning , it seems like standard defence others have received but they mention the limitations act , and i haven't claimed any charges over 6 years old. Is this not a false accusation from the defence and is there anything i can do about it or is this on everyones defence papers.

Joe

[joe1969]

Bump.

[blue.pricey]

hi joe 1969 they have said the same in mine i am going to send them a copy of the spreadsheets on tue because they said i haven't given proof of the charges eventhough i put three copies with n1 form so think it's standard what they are saying good luck mate because we seem to be at the same stage prob a couple of days behind you

[joe1969]

Thanks Blue.

[MimiJane]

Yep ... another standard defence:rolleyes: I also sent them a copy of my schedule as they stated I hadn't "particularised" my claim. Just another delay tactic.

[Bigmark]

Hi Joe and Blue

standard offer letter £12 off each charge

standard photocopied defence but both use the words without prejudice so you cant use any information from the letter or defence papers in court unless asked to do so by the judge

Received offer on 24 May £2311.50 against a claim of £5240 + £250 court

fee received defence on 23 May

[bongorob]

Hi, I don't know if this is the place to post this or not, but I can't find anything concernign the information I require.

 

I have claimed a refund of bank charges for accidentally going overdrawn in 2003. A&L have rejected the claim on the grounds that refunds only apply to credit cards and not current accounts. I do not believe this. Can anyone advise if thety can do this?

 

Thanks.

[Bigmark]

Hi bongorob

standard letter A&L send to try and put you off

carry on and claim

[Russjo]

Yup, go for it Bongorob

[joe1969]

Hi Bigmark ,

Have you sent a rejection letter for this offer.

If not you can find rejection letters in the Bank Templates section

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Hi Bongorob

A&L seem to follow a standard procedure

Prelim Letter - Nothing to do with us only credit cards

LBA - As we said its nothing to do with us

Court claim - Oh yeah it does have something to do with us and well offer you the difference between £12 and the charge we applied to you.

 

Just follow the procedure as set out by CAG which follows the Civil Procedure Rules which you will find in the FAQs.

Also it would be better if you start your own thread in this forum called

Bongorob vs A&L and then others will be able to follow your claim and answer any questions you may have.

Joe

[maxt2001]

they sent me the letter with the £12 offer before i have even filed the claim in court

[MimiJane]

Hi, I don't know if this is the place to post this or not, but I can't find anything concernign the information I require.

 

I have claimed a refund of bank charges for accidentally going overdrawn in 2003. A&L have rejected the claim on the grounds that refunds only apply to credit cards and not current accounts. I do not believe this. Can anyone advise if thety can do this?

 

Thanks.

 

This is what everyone's been told by A&L and it's rubbish. Every letter they send out seems to be "standard". I'd definitely pursue your claim.

 

They'll try eveything in the book to make you think otherwise and stop you from putting in a claim, but you have every right to do so, so go for it.