Help with court case

[markherd]

I have just got as far as recieving a letter from A&L that they will defend and also they send me a cheque for 2604 to try and settle, this was £1000 less than their offer when i complained via FO.

 

In their letter they say the offer if the difference between the charged rate and the OFT estimate of £12.

 

One of the things i don't have is terms and conditions does anyone have these for an Alliance & leicester current account, also does this need to be as when the account was opened or current?

 

I have just recieved the defense document, quiete alot to wade through, they mention in there they have offered refund as above.

 

What do I need to do?

[MimiJane]

I have just got as far as recieving a letter from A&L that they will defend and also they send me a cheque for 2604 to try and settle, this was £1000 less than their offer when i complained via FO.

 

In their letter they say the offer if the difference between the charged rate and the OFT estimate of £12.

 

One of the things i don't have is terms and conditions does anyone have these for an Alliance & leicester current account, also does this need to be as when the account was opened or current?

 

I have just recieved the defense document, quiete alot to wade through, they mention in there they have offered refund as above.

 

What do I need to do?

 

Hi Mark,

 

There's a T&C thread here. Hopefully, you'll find the ones you're looking for :-

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/90733-l-terms-conditions.html

 

It's up to you ... you could return the cheque to them, asking them to pass your documentation onto their legal department as you intend to start legal proceedings and go for the full amount, or accept the cheque if you need the money now.

 

Within their defence papers (if you wish to continue with the claim), there may be a paragraph starting you haven't "particularised" your claim. If this is the case, you'd be wise to send them your charges schedule, stating you've already sent this to A&L and the court (if you haven't, do so) and you hope this clarifies your claim.

 

Then sit and wait for a hearing date and directions from the judge.

 

Post your "directions" on here when you get them, so you can be advised exactly what to do. You'll get lots of help. It might be weeks yet though before you receive them, depending on how busy your local court is.

[jansus]

Out of interest as some people have been advising to go FO route rather than court - why did you decide to change form FO:) to the court route?

 

Is it because the offer was not enough ? And did the FO advise you to change track?

 

May just be interesting to others who have not yet started court action.

 

Thanks

 

Jansus

[markherd]

I did have an offer of £3650 After my compliant to FO. I opted for Court as one the offer is too low, two the county court has more power to decide and three after chatting on this web site people seemed to think that court was the best option. I am owed £10,000+ so i didn't want to get locked in FO , which also would of taken months and then end up settling for alot less.I got a sense maybe wrongly I don't know that there would be too much comprimise. The grief that the bank has caused me over the years really needs to payed for in full.

 

In answer to did they advise: No they are very impartial and will not advice which route is best. Only committment you get is a full invetigation at a hearing after you offical lodge a complaint.

 

Just a quick note on t&c which ones do I need, the nearest to when the account was opened? the lastest or from the start of the claim.

 

 

 

Thanks

 

Mark

[markherd]

Also have just received allocation questionaire so things moving very quicky

 

Need to get my head around that

 

Have many people won their case agianst a&l and do they actually go through the court process

 

Mark

[MimiJane]

Also have just received allocation questionaire so things moving very quicky

 

Need to get my head around that

 

Have many people won their case agianst a&l and do they actually go through the court process

 

Mark

 

Lots of people have had their claims settled by A&L, but these have usually been "smaller" claims for under £700/£800. A few times, A&L have "forgotten" to file and serve their defence, so cases have been won by default. Also, A&L/Wragge may not comply with the judges "directions" and not submit their papers by a specified date (some of us are waiting to find out) ... another way to apply for judgement by default. In some cases though, I've read that judges can give them extra time to submit their papers.

 

There are many of us now with court dates (who knows if it will get that far:rolleyes:). Two people are due in court next week, but they're in N. Ireland, where the rules are slightly different I gather.

 

I know of no case where A&L have appeared in court (has any bank?) and it remains to be seen how far they actually take it.

 

Good luck

[MimiJane]

Just a quick note on t&c which ones do I need, the nearest to when the account was opened? the lastest or from the start of the claim.

 

 

 

Thanks

 

Mark

 

I can't speak for everyone else, but I just included the ones from the start of the claim year and the ones for the end year.

[markherd]

Urgent help needed on Allocation questionaire

 

My claim is over 10,000 so according to the paper work will be heard in the fast track court.

In section h additional information do i use the standard order which apparently has been accepted in fast track or follow the new startegy for draft order/directions to get disclosure of the actual costs of the charges.

 

I'm also not sure of what protols are

witness section

directions

and costs in dispute -i.e they entered in their defense that they have offered 2650, so am i disputing the difference between my claim and their offer or just my claim

Also what documents do i send to the defendant.

 

I am on a deadline of 9/7/07 so any help would be appreciated

[markherd]

Hi

do we send the allcation questionaire copies to wraggs or to the customer services dept.

[jansus]

Bumping your question up

 

I did not have AQ so am not at this stage.

 

Jansus:)

[jansus]

Case guidance notes - bringing your case to court

 

GOT A COURT DATE? Important, please read......

 

GOT A COURT DATE? A guide to the later stages

 

sorry have not had time to read these - but they were in my usefull saved threads so might help

 

but bumping your questions up as well!

 

jansus:)

[jansus]

how are you getting on?

 

New strategy for Allocation Questionnaires(

 

just found this in general section - and also when you are a bit further ahead the "guidance note" section looks useful.

 

 

Jansus:)

[markherd]

Hi just had court directions for date 25th September. Any advise?

[MimiJane]

Can you post your Directions Mark from the judge... can't advise without these. It's very important you submit exactly what the judge asks you for.

 

Mimi

[markherd]

The following directions apply to this claim

the claiment shall within 28 days of service of this order send to defendant and to the court

 

a) a schedule setting out each charge repayment of which is sought, showing the date,amount, and reason given(if any) for that charge beingmade, unless a schedule has already been filed with the court and served upon the defendant.

 

b) Copies of any statement or other document relied upon as showing that each and every charge has been made

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise

 

d) Any other witness statements

 

e)copies of decided cases and other legal materials to be relied upon

 

If the claiment fails to comply with this order the claim will be struck out without further order.

 

There is an interesting direction on them following using the aq strategy

 

"If such a charge is alleged to be a pre estimate of the defendants loss incuureed by the claiment actions( whether or not such action is to be treated as a breach of contract between the parties) all facts and matters intended to be relied upan as showing that such is a proper estimate of such loss and all eveidence to be adduced at trail as to the true cost of dealing with the matter was."

 

PS how did you get my post so quick?

[MimiJane]

LOL ... you caught me at a good time Mark

 

Your directions are pretty much the same as I had. Drop me a PM with your email addy and I'll send you the info. I have and my Index to guide you. It should make it all much easier for you

 

Mimi x

[markherd]

Thankyou so muchly

[Tararabumdiay]

Hi, I have just completed the N1 form and modified the 4 page POC [posted by Michael Browne] to suit my situation.

 

Just a couple of questions now:

 

a] Do I post both to my local County Court? [Warrington]

b] Is there a standard cover letter to send with them?

c] Do I at this stage also send my detailed list of bank charges and dates?

d] The bank charges list has altered slightly since I initially sent it to Alliance & Leicester due to increased interest and charges since I started in May, is it OK for me to send the upto date list?

e] I assume I receive a claim number at a later date?

 

Getting scared now, not very good at all this legal form filling in stuff - all help is most appreciated!

[markherd]

Hi just got back from a week away to Judges order of a stay due to OFT High court case. What do I need to do about the court bundle does this still need to be submitted?

 

Is that it now till the high court case ruling?

[jansus]

~~## Stays info and guidance ##~~

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST

 

Courts & Stays

 

 

 

See my thread I am in same position.

 

I am trying by N244 to have stay lifted. But it depends entirely on the court and the judge as to whether we are successful.

 

JanSticky:

 

OFT Test case what this means for you