HolyMoly v A&L: Do I Reply??

[holymoly]

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.

[joe1969]

Hi holymoly,

Use this link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html to send a rejection letter to them. If its an offer from the bank use letter 5 , if its from their solicitors use letter 6.

Hope this helps.

 

Joe

[holymoly]

Thanks Joe,

 

Wasn't sure if I should remind the bank that I have started court proceedings against them!

 

Thanks Mate,

 

Holy Moly.

[holymoly]

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

[jansus]

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:)

[jansus]

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

 

jansus

[holymoly]

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

[jansus]

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

[holymoly]

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!!

[jansus]

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:)

[holymoly]

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.

[holymoly]

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.

[Jess68]

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

[holymoly]

Thanks Jess,

 

will call the court this today.

[Jess68]

Hi Holy, hows it going?? Did you get in touch with the court?

[holymoly]

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?

[holymoly]

Sorry Jess, should have just read your thread!!!

Well done and good luck.

[holymoly]

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.

[Michael Browne]

Here's aguide to amending your claim:

The "Claim Too vague" defence and guide to amending a claim

 

and a fuller POC's here

http://www.consumeractiongroup.co.uk/forum/abbey-bank/71394-abbey-national-me-defence.html#post661174

[holymoly]

Many Thanks Michael.

[holymoly]

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?

[Jess68]

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 )

[holymoly]

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!!???

[jansus]

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

[Michael Browne]

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.