The Holte41 v A&L ***WON***

[The Holte41]

Thanks Jase,

good advice and I will. Best of British to you too

[caro]

Good luck Holte41!!!!!

 

I'm also sending my LBA on Friday 11th August. Bring it on!!!!!!!

 

Just read all of the court stuff and start preparing your defence in case they take it to the last straw!

 

Cheers

 

Jase

I agree with making sure you know what to expect from A&L, and understanding the legislation, but without knowing how they will respond when it gets to court it is hard to prepare too much. Also A&L are the ones who need to prepare a defence as defendants. Please don't take this as a telling off as you are obviously still learning, just a (very) little lesson in the legalities. You would need to defend if they counterclaim, but to dateI don't think A&L have done this. It does show the importance of preparation though and an excellent point to prepare well.

[The Holte41]

Thanks Jase and Caro,

I know that I should be better prepared than I am - but call it bad timing or whatever, I am in the middle of moving house - relocating over 500 miles away!!! As a single parent still working full time and arranging a house clearance, new schools, doctors, debtists etc and removals I have very little time to hand. I do check the site whenever I get 5 minutes but havent found anything that could helpo me prepare a defence. If anyone could give me an idea where to start looking it would be mych appreciated!!!

Many thanks!!

[The Holte41]

A&L have been expeditcious with their response to my LBA - bog standard letter *******/UNFAIR2 received today - a whole 6 days ahead of the deadline!!! I AM impressed!

Can I proceed with legal action and submit my moneyclaim now or do I have to wait until next Tuesday - the deadline for reply?

As stated - I have received a reply, insigned but from a C COUGHLIN at Customer Services:

the usual " noted your comments........ charges ar reasonable and are competitive........ OFT ruling refers to credit card payments........ I cannot accept that you have been unfairly charged....... I am unable to agree a refund of charges on this occasion" etc etc.

I know it is a standard reply, but can anyone advise if I go ahead now, or stick to 14 days before submitting moneyclaim? Given posts on here I could have my cheque from A& L within a week if I go ahead now - very handy for a single parent about to become unemployed and relocating 0ver 500 miles away this weekend!!! Any advice much appreciated.

[jasonlewis]

Hi Holte41!

 

Well done on continuing with this under difficult circumstances!:o

 

The reference that A & L have used on their reply to your LBA is the same reference on what I received from A & L following my 2nd letter (one before LBA!)....it looks like A & L are just sending a standard letter out to all of our letters.

 

As per the guidance on this website I would wait until the 14 days have expired then hit'em with the moneyclaim, however I would await for Caro or someone else who's in the know for a second opinion on this.

 

My deadline for A & L reply to my LBA (A & L received it 14th Aug) is 28th August -and will be submitting a claim then.

 

Best wishes to you - keep me posted as we are at a similar stage (no luck required)

 

Jase

[jasonlewis]

LBA received by A & L on 14th Aug. A & L replied 16th Aug!:)not the bog standard letter ref: unfair 2 but appeared to be personalised!They've offered me £150.00 as a 'gesture of good will' (i'm claiming for £504.00) but I have checked my bank balance and A&L have deposited this £150.00 to my account automatically without any agreement from me!

 

I have queries: -

 

I'm waiting until 14 days have passed from A & L receipt of LBA before submitting moneyclaim -is this ok to do this as they've offered me a part refund?

 

I'll be submitting my summary of charges, but do i include the original charges or do i leave out the part refund amount?

 

Any advice greatly appreciated! I hope to contribute 5% to CAG on any monies refunded!

 

Jase

[mardeman]

It is amazing that they have such inconsistancy. I also sent them a letter last week AND got the 'get lost' letter. What I find strange is that I am claimign less than you.

 

You would have thought they would get rid of the small claims first.

[jasonlewis]

Where did you send your letter to and which letter was it?

 

I sent my DPA and request for claim letters to Bootle address, then on my LBA i sent to Bootle and a copy to Narborough via recorded delivery. I received the 'non standard' letter from Bootle.

 

Agree with you on the inconsistency (i got the UNFAIR 2 letter following my request for claim) rather than after the LBA as some other people have experienced.

 

Don't think it matters how large the claim they will try enything to confuse or baffle you to upset your claim process - just like they have with me with the refund scenario.

 

Good luck!

[The Holte41]

Hi

[jasonlewis]

Hi Holte41!

 

How are you and your progress with A&L charges??

 

I'm at the stage of filing a claim on moneyclaim with the added 8% interest!

 

Watch this space!

Jase

[The Holte41]

Hi folks - sorry for delay in continuing my tale (been busy relocating over 500 miles)!!! Jase, I attempted to file moneyclaim online yesterday but am not sure the process worked. On pressing submit - nothing else appeared to happen. There was no rquest for payment of fee for example and no opportunity to add/attach my spreadsheet of charges with interest. Any advice would be much appreciated.

Regards

[jasonlewis]

I'll have to try moneyclaim and let you know how i get on!

 

You have an alternative method (the traditional one) of filing an N1 form to your local court where you can attach hardcopies of the schedule of charges etc.

 

I've been told you need to send 3 copies of this, but unless I have similar problems to you with moneyclaim I do not endeavour to go down this route.

 

Jase

[The Holte41]

Many thanks - let me know how you get on

[jasonlewis]

Moneyclaim issued!

 

Didn't find any problems with submitting, although it is a pain to fit all of the particulars of claim in 1080 characters/24lines!

 

Have you attempted to submit your claim again holte41?

 

Acknowledgement due by 19th Sept.

 

...Watch this space!

 

Jase

[jasonlewis]

Holte41!

 

4got to mention that you have to include your charges that you're claiming for and interest within the particulars of claim section.

 

Once you have submitted it will request for your payment details etc and you will need to print off the claim number as you will need this for future correpondence with the court at Northampton (all MCOL claims go through this Court) you cna also check progress etc.

 

Hope this helps.

Jase

[The Holte41]

No luck I am afraid - and as my schedule of charges I am claiming spreads over two pages have decided to file paper claim at the local county court. Won't be able to get there until Tuesday but will go ahead that way. Best of luck - keep us updated.

[jasonlewis]

Following submission of moneyclaim, i'm thinking that the N1 method would probably be more suitable for my claim too as the schedule could be included and there' s more space for your particulars of claim.

 

Good luck anway -let me know when they give in!

 

Keep you posted on my claim.

Jase

[The Holte41]

Okay the big day!!!! (I know I dragged my heels a llittle, but with moving home and sorting new school - excuses done now time for action)!

Got myself off to County Court this morning, handed in N1 forms and schedule of charges with interest and the relevant fee. Now await the next correspondence from A & L which it seems will be a letter stating that they will defend the action. Ah well - after that my cheque????? Will keep you all updated.

[jasonlewis]

Well done for getting this far and good luck (not as you will need it!)

 

No theard anything from A & L yet issued 31st August (official issue date 5th Sept, with 19th Sept being the deadline).

 

Don't forget to inform one of the moderators about your claim and claim number etc so they can record on the litigation list!

 

 

Jase

[The Holte41]

I will do just has soon as I have a case number.

[kprime]

hi there ive done all that the same as you but when i sent lba for my claim of 2460 without 8% interest i cnt be bothered with adding that on so i didnt bother after 5 days of sending that i received a letter saying they are sticking to there 1st decision and said about the ofts and all that then said sorry if im still dissapointed but they are 1 of the top banks and all that so do i go ahead with starting court proceedings on the 14th day or do i just give in as i dnt know if they will do owt cos they are adoment can you help hehe and if i go ahead with proceedings how do i start thanx

[The Holte41]

Go ahead with your claim. The letter is a standard one designed to put people off taking any further action and attempting to justufy the banks day light robbery.

Complete your moneyclaim form on line or N1 form and print off - (take three copies to the court with you). Links to the moneyclaim site and/or N1 forms are in the template library and I used the wording given in the templates to complete my forms.

Just heard on radio OFT are investifating the charges made by banks now so these letters "OFT ruling refers to credit cards blah blah blah" will become obsolete in the very near future. Wonder if A&L will settle my claim before the OFT comes to a decision and forces the banks to do something about these overinflated charges?

Go for it

[kprime]

thanx i will

[kprime]

Just A Quick 1 Ive Found Money Claim On Line Anything Over 1500.00 You Have To Pay 120.00 For Claim Is That Right And If I Do It On Line Do I Still Need To Take 3 Copies To County Court As It Says They Do It All On Line But It Isnt A Templated Letter It Just Asks You For Basics As Ive Just Had A Look At It,OH YEAH AND GOOD LUCK

[The Holte41]

Yes the fee is £120 for anything over £1500. Will cost the same whether you use moneyclaim online or go to the court. The fee will be paid back by A&L when they settle your claim.

If you claim online there is no need to take forms to court. I did it that way as there was not enough space on the online form and I couldn't see anyway of attaching the 2 x A4 sheets of the charges!! It's an either - moneyclaim online, or - take three copies and your fee to your local county court. Just received my notice of issue from the court so will sit back and await my cheque!!!!