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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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HolyMoly v A&L: Do I Reply??


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Hi All,

 

I sent A&L my LBA on 19th May giving them 7 days for a response before starting court proceedings. I recieved a letter from them on the 29th May saying they were 'looking into my claim'.

 

I waited a bit longer (till 4th June) to hear from them, but heard nothing. So I started my MCOL.

 

I receive a settlement offer on the 14th June of £276 (i'm claiming nearly £2000 before interest) but I don't think at this point they are aware I've started court proceedings.

 

Should I reply declining there offer now and mention that I have begun court proceedings against them or wait to see if they defend before taking further action?

 

Thanks in advance,

 

HolyMoly.:)

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Hi All,

 

I received a second offer from A&L yesterday (cheque) for £396.00. My girlfriend thinks I should accept this (even though my claim is for nearly £2,500).

I would like to decline this offer, however, if I do take it further are there any other costs involved with taking it to court?

 

The charges I am claiming back are:

 

Paid Item Charges

Monthly OD Charges

Failed Direct Debit Charges

Failed Standing Order Charges

 

 

I have also received a letter from Wragge & Co (single page) which states that they are going to defend, Should I reply to this or wait for the standard 8 page letter I've heard about?

 

Thanks again in advance,

 

Holy Moly

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If you want to carry on you have to be prepared to go to court - even though they may settle before.

 

Keep reading our threads here and other bank forums as well as reading FAQ - step by step instructions / library templates and threads started by Michael Browne before you decide what to do.

 

the court costs vary on how much you are claiming and there are instructions / opinions out there about filing by N1 or MCOL.

 

 

If they settle after starting proceedings your payment should include your costs.

 

best of luck

 

janus:)

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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sorry misunderstood your question about court costs I can see now you have actually started proceedings:oops:

 

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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Thanks Janus,

 

I am prepared to take this all the way, however, I have read somewhere about an allocation questionnaire which costs a further £100 (a cost which I can't really afford at the moment).

At what point would I have to complete this?

 

Would it be advantageous at the moment to write to the bank offering to accept a settlement of the £1,900 charges and forgetting about the interest?

 

Many thanks,

 

Holy Moly

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check out mizzpy thread below. and thread by mimijane

 

Most offers up to court dates have been very low - so you may have to be prepared for that

 

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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I recieved today the 6 page defence from Wragge and Co and am in the process of writing to them as they have requested the list of charges.

 

Is what I have written below adequate, Ive been looking for a template but can't seem to find one!

 

 

Dear sir/madam

 

Please find enclosed a schedule of charges imposed by the Defendant to my account as mentioned within the defence. The defendant and also the county court are in receipt of the same schedule.

Please note that the schedule does not include 8% statutory interest, which I am also claiming.

 

 

Thanks Always!!

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looks ok -just ensure you quote their reference and claim number and send by recorded/special delivery as per usual.

 

I dont think there is a standard letter for this

 

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...

I think I have made a mistake!!

 

I am at the point of my claim where A&L have defended and the case is being transferred to my local court. I am still waiting to hear from the court (Chichester I assume).

 

However, I think I may have done my charges sheet wrongly as I have included the interest they have charged on my unauthorised overdraft and also may have mis-calculated the 8% interest.

 

Am I able to alter my claim at this point?

 

Many Thanks,

 

Holy Moly.

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I someone could answer the above question I would really appreciate it!

 

I have received a transfer of proceedings from Northampton CC to Portsmouth (AQ dispensed with). Yet to hear anything from Portsmouth.

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If you have mdae a mistake you can change your claim but i think the fee is £35 and unfortunately you can claim this bac. I'm just searching the forums for the help on SoC, it is pretty informative and will help you find ut if you have made a mistake or not

***************************************

Feels like a lost little girl x

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Hi Jess,

 

Thanks for taking the time to check in.

 

I called the court and they sent me out another N1 (I think) form to fill in. I think I may change the whole of my POC as I didn't use the one from here (stupidily) if I can.

 

I also asked when I can expect a court date they said it will probably be the end of September.

 

Are you any further with your claim?

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Hi All,

 

the bank have sent me some more N1 forms after I called them asking if I could change my claim (because I wrongly calculated the interest etc).

 

Is it worth changing my POC aswell (if I can)?

Below is what I have submitted already however I filed my claim before discovering CAG so I wrote what was on another website (thisismoney.co.uk/bankcharges).

 

 

POC:

 

Between [insert date of first and last charge] the Defendant applied a number of default charges to the Claimant's current account.

These charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft. Furthermore they are a breach of the Unfair Terms in

Consumer Contracts Regulations 1999 which state: 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation.'

A charge is deemed to be penalty if, in reference to the case of Wilson v Love in 1896, it does not reflect the true cost of an item.

I am entitled to claim interest at 8 per cent per annum from the date when charges were first applied to my account until a judgment is made.

The Claimant asks the court to enter judgment in their favour for the sum of £xxxxx plus interest.

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Michael, I have read the threads you linked me to, however I am a little confused. If I do submit a N244 form is it the equivilant of starting the whole claim again (would the defendent have to re submit another defence etc and have 14 days to do so from the date of claim?).

 

Is my current POC insufficient enough to warrant doing this?

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Hi Holy, if there aren't that many changes then just send an updated POC with the N1, its under final schedule of charges. My claim jumped almost £200 between the original and final poc. Would be worth speaking to the court rather than A+L . (Oh cynical old me ;) )

***************************************

Feels like a lost little girl x

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Hi Jess,

 

Thanks again for your input.

 

So just to clarify, I will complete another N1 form which they sent me. But with the better wording from this site under the POC and also an updated schedule of charges (2 of) and a cheque for £35.00.

 

This will be okay you think?

 

They actually sent me 3 N1 forms, do you think they want them in triplicate or do they just think I'm a bit of a dumb ass and will make lots of mistakes!!???

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THIS IS FOR COMPLETING THE N1 FORM

this is from Wiki - so not sure if will work?

says at the bottom about completing in triplicate:)

jan

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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They actually sent me 3 N1 forms, do you think they want them in triplicate

Yes

Regardless of your POC's, as I understand it , you want to alter the amount of your claim. This is an amendment to your claim, which you have to do via N244 + 3 N1's + 3 schedule of charges + £35 fee. Just sending a new N1 will not be accepted.

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