Arkanara v A&L ***WON***

[caro]

The choice is yours Lee. It probably won't make any difference in all honesty, but I would hate to see it go wrong for the sake of being patient for a few days.

 

Good luck with your claim Em. If you want me to post the details to Litigation in Progress when you have them feel free to PM me.

[arkanara]

I am dying to just move on and do my moneyclaim as you are too! Monday is the day when i am going to though, can't wait i'm off work the week after that so it would be great to wake up to a cheque on my hols!

 

Monday it is then....Good Luck!!!

[leebrannan]

Hi em, I'm gonna wait til monday as caro suggested. A couple more days won't make too much difference. We might as well do our moneyclaims together, hopefully we'll both receive our cheques at the same time as well. I just want to get this claim over with now then i'm gonna start on the 4 credit cards i have.

[arkanara]

Good luck with your other claims, i only have this one. I may have a few charges on an old CC but not sure will have to have a look.

 

So then moneyclaim on Monday, it is so exciting. Keep you posted.

 

Em

[arkanara]

Moneyclaim submitted!

 

That was so nerve racking, don't know why but I felt very nervous when doing it.

 

Anyway claim number received - waiting game begins here.

[leebrannan]

Well done em, i'll be doing mine as soon as i get home. Can't wait, its pretty much ready to submit, just need to check to make sure everything is ok then off it goes.

[arkanara]

At least you have it all just about sorted, if you submit it today then they are processed tomorrow just as mine will be!

 

I'm sure i have do do something else now on the site, PM the MOD? I've seen it alot at this stage but no idea how to do it.

 

Caro - are you there? I need your extremely helpful help again!

[arkanara]

Does anyone know about the allocation questionair which is sent out when you file mcol? Also how likely or how often it is that the claim gets to this stage?

 

Thanks in advance,

Em.

[david.m]

Got a letter from A&L yesterday stating that because i had gone overdrawn they were issuing a default notice!! I was spitting , i've gone overdrawn many times in the past and never had a letter like that before. I get wages and other finances paid into my account on a weekly basis so if I do go overdrawn I am never for long, it just seems very stange how this letter is so different to every other i've received telling me i'm overdrawn.

 

They really do take a different view on you if you start reclaiming your charges, i must say i am shocked that there attitude changes so much and such predjudice to those who are only claiming back what is rightfully theres is so obviously shown.

 

The sooner i get my dd's transfered to my new account the better, i cant wait to be rid of that lot!!

 

as regards A&L closing accounts, (or any other banks id suppose)id like to see confirmation from someone, if they try that after you tell them in 'your Letter Before Action that any attempt to defame or disadvantage you as a result of you exercising your legal rights will result in further legal action.' as per Mr.Angrys advice in my post here. Bettynomates v Alliance & Leicester

 

iv read so much in the last few days, that its hard to keep track, but i also think its in the LBA were you also state that they must remove any and all defaults in relation to this action or some such.

 

anything other than total removal is no good to anyone especially if you read all of this thread

http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html

 

perhaps its just me, but it appears many people are forgetting or not being told to include these 2 very important parts in their claims/paperwork, and so it would appear these people are leaving the door open to the dirty tricks the banks are and will use in the future?.

 

heres an outline of why its important to tell them to remove it

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

"

This 'Default' will show up on your credit file and it is very bad news because it ranks right up there with a County Court Judgment (CCJ). People often assume that a CCJ is the worst entry on a credit file (apart obviously from bankruptcy) but in reality most lenders view CCJs and Defaults as one of the same. Subsequently anyone with a Default will find it very hard to get any sort of credit including a mortgage at a decent interest rate.

 

 

Paying The Debt Off Is No Good

• Assume you have a default marked on your credit file and continue to miss payments. You are then summoned to court and have a CCJ against your name and this is also noted on your credit file BUT, before you appear in court you negotiate with the lender and either pay the debt in full or arrange a deal to pay off a percentage, perhaps 60%-80%
  
• In such a situation you would think the matter is closed. You were bad but made good in the end NO. Most people don't realise that though the Default will be noted as 'satisfied' on your credit file, the word 'default' WILL NOT DISAPPEAR and it will remain there fora minimum of 6 years
  
• If however you pay off the debt in full then you are strongly advised to write to the finance company in question and politely ask them to remove the default notice - there is no guarantee that this will work though

The word 'satisfied' looks good in your eyes but in the eyes of a possible lender (mortgage, credit card company etc) it is massively overshadowed by the word 'default'. Any lender will take one look at the fact that you haven't been good at managing your debts in the past (rightly or wrongly) and will likely close the door on you and any future business."

 

as for the part about 'further legal action', im not clear on what we might do with that option or the step by step sequence etc, perhaps someome here can advise us?.

[fivelaws]

There's a whole thread about AQ in the templates folder.

 

Can't speak for anybody else, but my A&L experience last month was this;

 

1. They acknowledged the claim and indicated they intened to defend in full.

 

2. A week later, they settled in full.

 

 

Hope the same is true for you.

[arkanara]

Thanks fivelaws, i'll have a read of that thread. I'm certainly going to look into this default business too, not sure if I have had one entered but i'm off work next week so will be contacting A&L to find out exactly what the situation is.

 

Thanks for the advice again all.

[fivelaws]

Got a letter from A&L yesterday stating that because i had gone overdrawn they were issuing a default notice!! I was spitting

 

Sorry, missed this the first time.

 

I've also recieved those letters from A&L, but from what I've been able to work out (in my case), they were all "final threats of a default" and not an actual, proper default. There is certainly a difference.

 

A quick check (for £2) of your Experian record will tell you what's what, but if you have got a "proper" default, then you could/should certainly demand the removal as part of your claim.

[arkanara]

Thanks for that fivelaws, really appreciate it. Will check that now.

[caro]

Check your PM's Em. I need some info from you for litigation in progress forum.

[arkanara]

Have replied to you PM caro, sorry for the delay.

 

Claim status changed to acknowledged today.

[leebrannan]

hi em, my claim status as changed to acknowledged today as well, good eh.

 

not long now hopefully, going to cornwall tonite so i hope i come home to £3,300

[arkanara]

Not long now at all, were closer than we've ever been.

 

Enjoy your hols.

[arkanara]

Still nothing from A&L, i'm back at work tomorrow after taking some hols, I was hoping I would have the joy of being here when the postman arrived with the cheque i'm anxiously waiting for!

 

The longer the wait goes on the more nervous i'm beginning to feel that for some reason mine will be the only one that hasn't worked or that will go to court!

 

Hopefully not...!!

[caro]

It'll never happen (going to court that is, I don't mean you will never get your money. lol). You will get home from work one day and find the cheque on your doormat. Just sit back and plan what you are going to do with all that lovely lolly.

[arkanara]

Thanks Caro,

 

Just the lift I needed!

[caro]

[arkanara]

Ok now I really am nervous! I filed claim on 21st Aug, they Acknowledged on 25th but as of today 12 Sep still no cheque. It's making matters more nerve racking when I see other threads which have been paid when they filed after me! I know we all have to be patient but i've just read a thread of some one who filed 4 days after me and has received their cheque today, also two other threads showing people who are only days away from the 28 day deadline and no cheque for them either!

 

Has anyone reached the 28 day deadline as yet without receiving their cheque?

 

I cant help feeling really scared!!!!

[leebrannan]

Hi em, try not to worry too much. Its more annoying than worrying, I can't wait to get my cheque and get away from this "bank" forever!!!!!

I'm sure the cheque will be here soon.

 

Just hang on in there for a little while longer.

 

Lee

[arkanara]

I can't believe it, it worked we won!!!!!!!!!

 

Came home this evening to find a cheque for £3841.43!!!! I'm absolutlely over the moon, i really was beginning to worry.

 

A HUGE thank you to everyone who has helped me along the way to achieve this, especially Caro and Lee. Couldn't have done it with out you or this site. As soon as the cheque clears a donation will be made.

 

Can my title please be changed to WON!!!

 

To everyone else, although it may seem daunting and scary hang on in there!

[ash95]

CONGRATULATIONS!!

 

Well done. I have just had the Acknowledgement of Service today, so its 28 days from 12th september for me!!! I just wanted to ask if you prepared any stuff eg. paperwork, cuttings, sound clips etc for court? I have a feeling I should start working on these just in case...???? Any help now would be appreciated.