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pinky v A&L


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  • 2 weeks later...
Hi Claire,

Well I received the letter last week with a cheque for the difference (£12...) which i'll be refusing but today I received my defence from the solicitors and now i'm scared.....

:p

 

Hiya

 

Nothing to worry about, I have had mine and am just waiting on a court date now. I had to fill in an AQ and I have just received theirs back.

 

I will call the court today just to make sure I know where I stand and to make sure everything is ok so far.

 

Good luck and keep us informed

Claire

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Hi Claire,

Well I received the letter last week with a cheque for the difference (£12...) which i'll be refusing but today I received my defence from the solicitors and now i'm scared.....

:p

 

It'll be their "standard" defence which we all get:rolleyes:

 

If you have a clause in it saying you haven't "particularised your claim", I'd send them your charges list, saying you've already sent to A&L and you hope it clarifies your claim. Then just sit and wait 'til you hear from the court.

 

In the meantime, just keep all your correspondence together with your bank statements with charges highlighted on them as these will form some of your court bundle when/if the time comes.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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Thanks

Who do i send the particulars to now? Have sent to the court once and the bank but don't think I sent one to the solicitors.

Also, read somewhere about a nudge letter you can send, does anyone have a copy of this?

 

An extra thing with A&L now is that because I've gone way over my overdraft because of all these charges I've stopped using the account but they have now written to me with a default notice and all sorts of threats and have also closed my account or at least stopped me using or accessing it. Bearing in mind I have no money to pay this back until I get some of these charges back what can I do???

pinky :oops:

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The nudge letter templates are here :-

 

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

 

Don't expect them to settle though, they won't! The most they'll do is offer you a silly amount or ignore the letter altogether (which is more likely). Should it go to court though, it might look good in the eyes of the judge that you've attempted to settle before court.

 

Send your charges schedule to Wragge, as above.

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 Pinky and all the best with your claim. I have found the link posted below, it was put up on a CAG thread on one of the other bank forums. I have not tried this procedure myself yet, but I will. It may help you remove any default notices. It may also help peeps getting a hold of their original terms and conditions.

 

Remove Default Notices on a Credit File - We show you how

 

William

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Thanks William,

I've actually used that before and successfully managed to get a default taken off from Vodafone, although I think this applies more to old default notices and I'm more concerned with what to do now before they actually file the default. Should I be sending them a CCA request? does this work with banks??

Thanks

pinky :p

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Regarding your post on Zanders thread...............

 

 

"they are now threatening all sorts because of this and have also 'closed' my account"

 

 

I have had my account closed after 12 years with the A&L (£350 over the agreed o/d level of £500). Over a period of 6-7 weeks I have recieved a series of letters from; Legal & Trade,Hollis Briggs and Security Investigations Dept Recovery Division (all acting for A&L). Each has claimed that I owe the A&L appox £850. This amount is made up entirely of penalty charges taken from my A&L account.

 

I have written to each by rec del and informed them that the account is in dispute, the dispute involves current litigation and that if I to communicate with any of them again, I "MAY" charge them £9.20 an hour, plus costs to reply. I also advised each to contact the A&L for further advise.

 

Since then...................appox 17.05.07 I have not heard a squeak from any of them, this may be a coincidence or I may have stopped the threatening letters by my actions, either way they have stopped.

 

ps everthing I seem to do nowadays involves visits to the post office :)

 

William

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  • 2 weeks later...

Well I've sent off my soc to Wragges and have now received my Notice of Transfer of Proceedings, the AQ bit has been crossed out.

What's my next step? I phone the court and ask if I still have to pay the £100?? does this have to be done within 14 days of receiving the letter? Should I be doing anything else?

 

Thanks

pinky :p

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bump - try putting AQ in as a search as I know there is a section in either Step by step instructions or FAQ about having no AQ - also there is a whole section on the stage of court hearings.

 

If I can find it I will link back

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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go to General - there are two threads there today about dispensing with AQ- hope that helps.

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Well today A&L sent me a letter saying they have closed my account because of the debt that I have on there.

Since I started my dispute with them some months ago (am currently awaiting a court date) they have issued a default notice, threatened to close my account and have now done so.

I contacted them after they 'limited' my account, hence I couldn't see any of my account details online, I advised them my account was in dispute and that by limiting or closing my account I felt they would be acting inappropriately but they obviously paid no attention.

My question is even though the account is in dispute- I am well over my overdraft (although claiming 3 times more than this), can they fairly close my account because of this?

Does anyone have any letter templates I could send them? I'm not very good with the correct wording!!

Thank you!

pinky :p

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Hi pinky, I have had a similar experience with the A&L the only difference was that I closed my account before they did.

 

If you are the victim of a retaliatory account - closure after you issued a claim against them, you can get compensated. There is a link but I cant find it just now (off to work).

 

You could also amend your claim and add the removal of your default notice. This may cost YOU some cash though (I think its £35).

 

If you get harassed by there dept recovery dept,legal team or any agents acting for them next, have a look at this..........

Protection from Harassment Act 1997

 

Someone will have advise for you.

 

William. :)

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Many thanks William,

Obviously it's difficult because I'm not sure if it's retaliative as yes I do owe them money and have stopped paying funds into my account because it was all getting eaten up by charges. They've sent me a letter saying the account's closed but do I now need to get a final letter from them before I complain to the FOS, or is that enough to go forward?

I really would like to get the default removed as I'm having loads of problems because of defaults at the moment, please could someone advise me what I can do?? Can I change my claim now I'm at this late stage? I've had the defence, just waiting for a court date.

Thanks everyone, you're all very helpful, I'm usually quite intelligent but all this is just a minefield to me!!!

pinky :p

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Here is the link I was referring to Pinky...............

 

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html

 

You could phone the court and ask how much it will cost to amend your claim. I shall have a sift through and see if there is anything I can help you with.

 

William. :)

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There are CAG members who have used this link to remove defaults.........

 

Remove Default Notices on a Credit File - We show you how

 

It look fairly straightforward, I have not done this process yet but I will be trying this method for a telecoms default. It was a small sum (£25-£30) for which I recieved a default notice.

 

William. :)

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You're an absolute star William - thank you ever so much!!!

I've used that default removal thing before, it's worked once so far and the other one is in progress so fingers crossed! I just wasn't sure whether I'd be able to do it now with A&L because a) they've closed my account and b) it's in dispute and about to go to court - I guess it shouldn't make any difference though.

pinky :p

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Keep going pinky!

 

You are doing just fine.

 

I'm having dificulty getting defaults removed and it can appear quite tricky. But take the advice and remember that you have now taken control.

 

Remember how it was before you joined CAG. You are amongst friends and the tide is turning!!;)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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