Vs The Big Boys

[jimlayton]

Prelim letter sent req c£820 in charges in last 4 years

very nice respone 1 week l8r from A&l saying sorry to learn of your dissapointment with our services blah blah blah enclosing a leaflet saying someone will get back to me within 28 days.

do i wait 4 this next response or do i go by my timetable as i stated in my prelim letter?

[NeilP]

Stick to your timetable, not theirs. You have given them 14 days. Day 15 you can progress onto the next stage if they have not acted accordingly.

 

Keep us posted how you get one.

 

Neil.

[jimlayton]

Will Do 14 Days Ends Tomorrow

[jimlayton]

Just Reviewing The Letter Before Action And The 1st Line Says Im Dissapointed U Failed To Respond To My Letter.

In My Case They Have Responded Should I Reword Something Like

"dissapointed You Failed To Respond In A Manner Which Could Resolve This Situation"

[Janet-M]

Yes , just alter any of the letters to suit your case.

[jimlayton]

just an update

letter before action sent today 08/06/06 recorded

[jimlayton]

letter recieved today 13/06/06

"OUR CHARGES R REASONABLE BLAH BLAH BLAH"

"OMBUDSMEN BLAH BLAH BLAH"

"IF WE DO NOT HEAR FROM U WITHIN 8 WEEKS WE WILL CONSIDER CASE CLOSED"

THIS IS OBVIOUSLY WHERE THEY EXPECT PEOPLE TO SAY OK , AT LEAST I TRIED , AND TO GIVE UP.

NOW ITS TIME TO GO TO THE NEXT STEP,I HAVE ALREADY REGISTERED WITH MONEYCLAIM AND WILL USE PREVIOUS THREADS IN FORUM TO FILE MY CLAIM.

SHOULD I WAIT UNTIL THE FOURTEEN DAY PERIOD HAS EXPIRED ON MY PREVIOUS LETTER OR ACCEPT THAT THE "FOB OFF" LETTER THEY SENT ME IS THEIR FINAL WORD?

[younganfree]

letter recieved today 13/06/06

SHOULD I WAIT UNTIL THE FOURTEEN DAY PERIOD HAS EXPIRED ON MY PREVIOUS LETTER OR ACCEPT THAT THE "FOB OFF" LETTER THEY SENT ME IS THEIR FINAL WORD?

 

I'd be tempted to play it by the book - stick to the original timetable. Its saying "I won't be goaded. We're playing by my rules now."

[jimlayton]

thanks young and free

thats what i thought.

when filling in money claim form its actually difficult not to copy the the words by bankfodder in the bank templates libary . i know he says its not a template but some of us cant put our views into words so easily.

[jimlayton]

just filling out moneyclaim online will not be sending yet as 14days not up yet

hows this so far(nicked most from previous forum users)

 

Claim for refund of punitive charges on account xxxxxxxxxx

Action is on the grounds that I had a contract with the defendant bank and which was conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

Please note that under section 69 of the county courts act I shall be calculating all charges made against me with an additional 8 % interest.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

There are 27 occasions of charges between the dates of 06/09/02 and 02/09/05 with a total cost of £788.00 and £48.72 in interest charges total £836.72 .A schedule of all charges is available.

BIT CONFUSED WITH 8% INTEREST CHARGES THE ABOVE FIGURE IS WITHOUT THEM SHOULD I PUT CHARGES AS £836.72 + 8% INTREST £1013.40.

[jimlayton]

HAD TO ALTER PREVIOUS VERSION TO BE ABLE TO FIT I MONEYCLAIMS

LIMITED SPACE

DOES THIS SEEM OK TO EVERYONE AND WHEN THE TIME IS DUE TO FILE USING THIS.

Claim for refund of punitive charges on account XXXXXXXXX

Action on the grounds that I had a contract with the defendant bank and which was conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

under section 69 of the county courts act All charges against me will be liable to 8% intrest.

 

There are 27 occasions of charges between the dates of 06/09/02 - 02/09/05 with a total cost of £788.00 and £48.72 in interest charges = £836.72

with 8% total £1013.40

[jimlayton]

Is There Anyone There Does Above Sound Ok??

[philion]

Sounds good to me, you've added all of the main points in. Good luck with the 8%

[caro]

Sounds good to me, you've added all of the main points in. Good luck with the 8%

 

8% is absolutely fine at this stage. Sorry I can't comment on what you have put in the claim as I still need to get my head round the whole Moneyclaim thing.

[jimlayton]

FILLING THIS MONEY CLAIM FORM OUT IS NOT AS EASY AS I THOUGHT YOU ONLY GET 24 LINES AND 1080 CHARACTERS NOTNEARLY ENOUGH.

ANYWAY MY FILING DATE IS 22/06/06 AND THIS IS MY FINAL DRAUGHT FOR CLAIM

PLEASE ANY AMMENDMENTS OR OBSERVATIONS THX

 

Claim for refund of punitive charges on acc

XXXXXXXXX.Action on grounds that I had a

contract with the defendant which was

conducted by their standard terms and cond.

I’m claiming the return of money taken by

the defendant in charges over 4 years plus

the interest levied on those charges. The

bank's charges are a disproportionate

penalty and unenforceable as they are con-

trary to common law. Further, as a dispro-

portionate penalty they are invalid under

the Unfair Contracts Terms Act 1977 s.4

and under the Unfair Terms in consumer

contract regs 1999. Para.8 and sch.2 (1)

(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.Under sec 69

of the county courts act All charges will

be liable to 8% annual intrest 0.022%

daily .There are 27 charges between the

dates of 06/09/02-02/09/05 with a total

cost of £783.50. and £44.68 intrest.total +

8% intrest on penalties =£1012.10.22/06/06

[jimlayton]

22/06/06 moneyclaim submitted for £1012.47+£120 costs

will add claim no to litigation section

[jimlayton]

Did I Read Somewhere In Forum That I Should Send A Copy Of The Excell Spreadsheet With All My List Of Charges To The Court?

[jimlayton]

Update

Court Claim Filed On 22/06/06

Recieved An Acknoledgment Of Service Of My Claim From A&l They Have Got Themselves Solcitors

 

Group Legal Services

Carlton Park

Narborough

Leicester

 

And Have Taken The Maximum 28 Days In Which To File Their Defence

Which They Have Ticked The Box They Intend To Defend All Of The Claim.

The Lines Have Been Drawn.

Must Admit Flapped A Little At This Point But This Is The Norm Right?some support at rhis point would be appreciated,any comments?advise?

[younganfree]

Have been away for the w/e, so just catching up!

 

Must Admit Flapped A Little At This Point But This Is The Norm Right?some support at rhis point would be appreciated,any comments?advise?

 

Hey, Jimbo.

 

I wouldn't worry at the moment if I were you - look round the site and you'll see it isn't the 1st time they've made the same threats.

 

Though I'm no expert, I'd say they are probably just rattling their sabres in the hope of frightening you. And let's face it, who wouldn't be frightened in your situation?

 

You knew before you started that there is always the risk of having to go all the way on this - and that means court. So 'gird your loins' just in case.

 

However, take hope from the fact that they have gone this far before only to cave soon after.

 

I'm a great believer in crossing my bridges only as I come to them, no point anticipating the worst dude.

 

Take heart from the fact that every A&L victim is rootin' for ya.

 

Luck dude.

[jimlayton]

Thx Youngnfree

Sometimes We Just Need Someone To Tell Us To Stick To Our Guns And Not Get Down Thats Why These Forums Are Great

No Response Yet From A&l Will Keep Thread Updated

[younganfree]

If you haven't already done so, I would suggest you have a look at the latest developments on Weaver440's thread as this explains a lot regarding the banks'/b.s.' threats to contest the claim.

Apparently it's just the process they have to go through to be able to close the books at the court.

Hope this is true in your case too.

[jimlayton]

Update

Alliance And Leicester Have Paid Out In Full £1138.08 Which Includes My Court Costs.

Many Thanks To All Who Gave Me Advise Along The Way And It Goes To Show All Others That If You Follow The Set Timetables And Set Route They Pay Up.

Obviously With No Admission Of Liability And Also A Statement That As I Dont Agree With Their Regime They Will Be Contacting Me In The Future To Discuss My Account,

Who Cares I Followed Advise And Got Parachute Account Anyway

I Will Be Making A Donation To The Site Because Without It I Would Never Have Had The Nerve To Go This Far .

Thx

[sharmal]

How far into the case did you get before they paid up? Mine went to the court on the 3rd they acknowledged on the 10th, I got another snotty letter saying cos I had gone overdrawn, because of charges they were going to charge me again

[jimlayton]

sharmal

they asked for 28 days to defend their case on 28/06/06 and settled today 15/07/06 interestingly enough the chq was dated 4/07/06 .:grin:

and what a lovely chq it was

[Michael Browne]

Congratulations,

Have you filled in the bank survey?

Donation is much appreciated.

Well done,enjoy!!