Mum vs A&L

[neilvw]

Well so much for the parachute account! Both my mum and I chose Alliance & Leicester because it's a market-leading current account as recommended by Moneysavingexpert.com. Well, it is a good account, but it still charges penalties :-;

 

Mum has racked up over £1,000 in fees, and so it's off to court we go after a big fat no from A&L.

 

Hey presto, a letter from A&L enclosing a cheque for £274 (why not just pay it into the account?) That includes the £120 court fee, so not really worth bothering with. Cheque banked but a refusal letter winging its way to Merseyside tomorrow. I will now add the court details to the appropriate thread.

 

Neil

[neilvw]

The wording on A&L's letter dated 7th June 2007 enclosing the cheque was as follows:

 

"On the basis that this offer is acceptable is to you, we enclose a cheque for £274 (being the amount that the OFT indicated was not unreasonable in relation to credit-card default charges) in full and final settlement.

 

If you do not wish to accept this offer, please return the cheque to us cancelled, or confirm in writing that it has been destroyed."

 

My reply dated 9th June (sent to A&L, copies to Wragges & the court) stated that the cheque had been deposited in my A&L account to be held to their order and furthermore they could reclaim this sum from my account at any time.

[neilvw]

Wragges are now cutting up rough saying the cheque was in full and final settlement and by banking it we have accepted it. Are they right?

[squarebob]

Did you sign anything ?

[gizmo111]

Have a read here but basically by cashing the chq you have accepted their T&C on offer.

This has happened to others also.

I will check and see if anyone else in team has any further input.

[neilvw]

Did you sign anything ?

 

No we didn't, Squarebob.

[neilvw]

Have a read here but basically by cashing the chq you have accepted their T&C on offer.

This has happened to others also.

I will check and see if anyone else in team has any further input.

 

Much appreciated, many thanks. I should add that my mother has drafted a witness statement to the court (which has to be in court by tomorrow, after an order from the District Judge to respond to A&L's strike-out order) stating that the cheque was deposited in her current account to the order of the bank and permission was given to withdraw the money at any time. For the avoidance of doubt she is prepared to return the sum to the Bank's Solicitors.

[jansus]

I was advised that you could do a letter accepting a partial offer and do one of the first of the six reject letters on this site before starting court action.

 

But was advised to tear up the cheque and send back the cheque if court action had commenced for reasons as quoted above.

 

when you did the reply letter did you make it clear you were rejecting it as a full and final offer?

 

hopefully somebody wil come along to help soon,

 

Jan

[neilvw]

I was advised that you could do a letter accepting a partial offer and do one of the first of the six reject letters on this site before starting court action.

 

But was advised to tear up the cheque and send back the cheque if court action had commenced for reasons as quoted above.

 

when you did the reply letter did you make it clear you were rejecting it as a full and final offer?

 

hopefully somebody wil come along to help soon,

 

Jan

 

Thanks for that Jan. We did make it clear we were only accepting it as a partial settlement and would hold out for the full amount.

[squarebob]

Though tempting, always best to reject outright any and all offers that fall far short of your claim. Solicitors are like eels, very, very slippery. suggest you post your dilemma on other forums to see if someone, having had the same experience, can thow some light your way.

 

Spongebob

[squarebob]

I lisped. (throw not thow).