jmn v A&L

[jmn]

After taking guidance from Mimi, I will attempt to summarise my claim so far.

 

It all started when my youngest Son was taken ill. In short - I had to give up my job for a while and things just esculated from there really.

I spoke to the Cust Srv Mgr at A&L head office and she said "Well it was your decision to give up your job and so you should cut back on spending. You have a commitment to you mortage and any other DD/SO that you have on your acct" Lovely lady!

I then made an appt to see an advisor at my local branch and she pretty much said the same. I sobbed in front of her and I vowed I would never let them see be crumble again. So now its payback time!

 

27/2/07 - SAR sent

6/4/07 - Statements rec'd

30/4/07 - Approach for re-claim of £2222.12 (inc int.) attached Charges sheet

5/5/07 - A&L reply with standard "charges applied correctly"

7/5/07 - Reminder letter for repayment sent with charges sheet.

13/5/07 - Rec'd "we are looking into it" letter

29/5/07 - LBA sent

1/6/07 - Partial refund offered - £659.50

6/6/07 - MCO completed

9/6/07 - Notice of Issue to A&L

14/6/07 - Ack of Svc & intention to defend from Wraggies

15/6/07 - 2nd partial refund offered - cheque: 779.50 (659.50 + 120.00 court cost)

15/6/07 - Refusal letter & returned chq sent back

19/6/07 - Ack of Svc from N'hampton, A&L to defend

19/6/07 - A&L defence rec'd from Wraggies

23/6/07 - Particulars of claim & schedule of charges sent to Court & Wraggies

2/7/07 - Called MCO to chase up. They have backlog but transfered to Leicester CC.

3/7/07 - Rec'd Notice of transfer to LCC. AQ dispensed with.

3/7/07 - Letter to Wraggies for quick settlement. Charges enc.

3/7/07 - Draft order for directions & covering letter sent to LCC

5/7/07 - THIRD partial offer arrived from Wraggies - £910.25 + £120

 

That's less than half of my original claim, without the interest!

 

Have not called the court yet regarding AQ fee, cos' I read somewhere that it's best to give them 7-10 days after receiving Notice of transfer - Is this right?

 

And as for the Bundle/State of Evi/State of truth etc, etc, Where on earth do I start............and when?

 

Eternally grateful

Jmn

[jmn]

A couple of questions for anyone out there.

 

1) Could anyone please tell me if my husband would have to attend court as the acct is in joint names but I was the one who started the process?

 

2) Also, something that has just sprung to mind - we were married 12 weeks ago but the acct still has my maiden name on it. I never changed it as I do not use it any more really and it never accured to me until just!

 

Though all the correspondance I have been sending is in my married name with 'nee' by the side. Both Wraggies and the court have been addressing their correspondance in my married name. So can I assume that this is OK?

 

Thank you in advance

[bsia666]

All the best in your claim. MimiJane has a really well thought out Court bundle with index. I asked her to email it to me and I have been doing it on and off for about three weeks. If you PM her I'm sure that she will share it with you.

 

This is the witness statement I shall be using after a bit of editing .......

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/102862-court-date-help-needed.html

 

 

I have sent you a PM (private message) as well

[MimiJane]

Hi jmn,

 

Good to se you have your own thead now

 

As you're probably not too far off getting a set of a directions and a court date, I'll send you a few details by email.

 

Mimi x

[jmn]

Thank you Mimi, I have rec'd the details you sent and will read through them.

 

Also thanks to bsia666, rec'd your info too.

 

You really are a great bunch of peeps to give up your valuable time to help others.

Hopefully once I a bit more knowledgeable, I will be able to help other CAG viewers too.

[jmn]

I forgot to mention that I was succesful in claiming my MEAF (mortgage exit fee) back for A&L. Overpaid me by £1.86p aswell, which I thought was very generous of them!

 

When we took our mortgage out in 1992 it stated £14.50 ish and when we moved it last year they charged us £295!

 

So one victory against them already - hope the bank charges will be another one.

[MimiJane]

Good for you jmn I'm sure there'll be another victory on the way, though there might be a way to go yet. I'm sure you'll get there in the end.

 

Mimi x

[allen0601]

After taking guidance from Mimi, I will attempt to summarise my claim so far.

 

It all started when my youngest Son was taken ill. In short - I had to give up my job for a while and things just esculated from there really.

I spoke to the Cust Srv Mgr at A&L head office and she said "Well it was your decision to give up your job and so you should cut back on spending. You have a commitment to you mortage and any other DD/SO that you have on your acct" Lovely lady!

I then made an appt to see an advisor at my local branch and she pretty much said the same. I sobbed in front of her and I vowed I would never let them see be crumble again. So now its payback time!

 

27/2/07 - S.A.R - (Subject Access Request) sent

6/4/07 - Statements rec'd

30/4/07 - Approach for re-claim of £2222.12 (inc int.) attached Charges sheet

5/5/07 - A&L reply with standard "charges applied correctly"

7/5/07 - Reminder letter for repayment sent with charges sheet.

13/5/07 - Rec'd "we are looking into it" letter

29/5/07 - LBA sent

1/6/07 - Partial refund offered - £659.50

6/6/07 - MCO completed

9/6/07 - Notice of Issue to A&L

14/6/07 - Ack of Svc & intention to defend from Wraggies

15/6/07 - 2nd partial refund offered - cheque: 779.50 (659.50 + 120.00 court cost)

15/6/07 - Refusal letter & returned chq sent back

19/6/07 - Ack of Svc from N'hampton, A&L to defend

19/6/07 - A&L defence rec'd from Wraggies

23/6/07 - Particulars of claim & schedule of charges sent to Court & Wraggies

2/7/07 - Called MCO to chase up. They have backlog but transfered to Leicester CC.

3/7/07 - Rec'd Notice of transfer to LCC. AQ dispensed with.

3/7/07 - Letter to Wraggies for quick settlement. Charges enc.

3/7/07 - Draft order for directions & covering letter sent to LCC

5/7/07 - THIRD partial offer arrived from Wraggies - £910.25 + £120

 

That's less than half of my original claim, without the interest!

 

Have not called the court yet regarding AQ fee, cos' I read somewhere that it's best to give them 7-10 days after receiving Notice of transfer - Is this right?

 

And as for the Bundle/State of Evi/State of truth etc, etc, Where on earth do I start............and when?

 

Eternally grateful

Jmn

Hi Jmn

I too am at Leicester county court and from what i can work out i think it often depends on the amount of the claim as to wether an allocations questionnaire is sent out. My claim is for £5000.+ and when i asked regarding the AQ i was told that for that amount i probably would have to fill one out (which i have and sent off). So maybe you wont have to!

Good luck with it:)

Nicky:p

[MimiJane]

It used to be the case that, if you're claiming under £1,500, you didn't have to fill an AQ; anything over this amount and you did have to.

 

I'm not sure if that's the case anymore so, if the court states it may have been dispensed with, always wise to give them a call and ask if one will be sent out to you and/if an AQ fee is payable. I didn't have to fill one out, but did have to pay the fee within 14 days.

[jmn]

Morning Mimi,

Have received AQ this morning. Scanned through it quickly this morning but was running late so didn't get a good read of it and unfortunately, forgot to bring it to work.

The wording struck me as being differant to what other people had put in their posts.

Something about 'the time is up for all parties to enter their defence and so the AQ has to be return and paid for by July 23rd'.

 

I didn't need to return a defence when I received A&L's did I??

 

Really wished I brought it with me know - it's going to play on my mind all day now.

Do you recognise the wording? (as vague as it is)

[jmn]

Hi Jmn

I too am at Leicester county court and from what i can work out i think it often depends on the amount of the claim as to wether an allocations questionnaire is sent out. My claim is for £5000.+ and when i asked regarding the AQ i was told that for that amount i probably would have to fill one out (which i have and sent off). So maybe you wont have to!

Good luck with it:)

Nicky:p

Hi Nicky,

Yes I have too complete one also. Well out of my comfort zone!

To be returned by 23rd July but will have to complete and return a lot sooner as I'm going to Swansea on the 19th til 21st for my eldest Son's graduation then off to London with work 22nd to 23rd!

 

Going to be so busy, I could really do without the mad rush!

 

But I have the guide notes and previous CAG's have commented on how simple it is to complete.

 

Keep you posted.

Jmn

[jmn]

A couple of questions for anyone out there.

 

1) Could anyone please tell me if my husband would have to attend court as the acct is in joint names but I was the one who started the process?

 

2) Also, something that has just sprung to mind - we were married 12 weeks ago but the acct still has my maiden name on it. I never changed it as I do not use it any more really and it never accured to me until just!

 

Though all the correspondance I have been sending is in my married name with 'nee' by the side. Both Wraggies and the court have been addressing their correspondance in my married name. So can I assume that this is OK?

 

Thank you in advance

Is there anyone out there who could ansr my two questions for me please?

 

Jmn

[bsia666]

Good morning, I see you are busy working;) ..........who is the claimant ? is it you or hubby?

[jmn]

Good morning, I see you are busy working;) ..........who is the claimant ? is it you or hubby?

Well, I suppose I am as I started the claim - though the paperwork from Wragges, A&L and the Court addresses us both e.g

 

**** & ****

v

Alliance & Leicester

 

Though I have only ever signed the letters from myself, but I wondered if it is because it is a joint acct?

 

Hope you can help

Jmn

[jmn]

Hi Mimi,

I remembered to bring AQ to work with me today. This is the wording in the letter that came with the AQ:

 

" You have already been sent a copy of a defence received from the defendants in this claim. The time for all the defendants to file their defences has now elapsed and I am enclosing an AQ for you to complete. No further defences have been received.

You must complete the AQ on or before 23 July 2007 and return it to the court office ...........

 

A fee of £100.00 is payable by the claimant on the filing of their AQ"

 

I can't recall any body else detailing this type of wording as I've been reading thru the post's. Have I done something wrong?

 

Jmn

[MimiJane]

Hi Mimi,

I remembered to bring AQ to work with me today. This is the wording in the letter that came with the AQ:

 

" You have already been sent a copy of a defence received from the defendants in this claim. The time for all the defendants to file their defences has now elapsed and I am enclosing an AQ for you to complete. No further defences have been received.

You must complete the AQ on or before 23 July 2007 and return it to the court office ...........

 

A fee of £100.00 is payable by the claimant on the filing of their AQ"

 

I can't recall any body else detailing this type of wording as I've been reading thru the post's. Have I done something wrong?

 

Jmn

 

I can't help here I'm afraid ... didn't have to complete one myself. Hopefully someone else will come along.

[jmn]

I can't help here I'm afraid ... didn't have to complete one myself. Hopefully someone else will come along.

Hi Mimi, not rec'd any advice regarding my letter as yet. Is there somewhere else I could post it where people would see it?

 

Also, rec'd letter from Wragge today, in response to my first nudge letter saying:

"Your offer to accept the sum of £** in settlement of your claim is not acceptable to our client. Any settlement that our client may wish to make with you must include your acceptance of our client's standard t&c previously notified to you together with a confidentiality clause. We are not in a position to make any offers of settlement to you unless you agree to the t&c of your bank acct"

 

Contact given as Susan Land for Wragge & Co

 

Should I respond to this, and if so what should I write?

 

Thank you

Jmn

[MimiJane]

Looking at the wording on your request for an AQ, I can't see you've done anything wrong ... it my view it's just stating that all defences (i.e. the one due from the defendant) have been received, though I can't comment on whether or not this is "standard" ... I'm no expert I'm afraid:rolleyes:

As you obviously have to complete one though, if you look in the A-Z link I sent you in my email, there's a guide to filling it in.

 

Normally Wragge don't bother replying to nudge letters as far as I'm aware (they certainly didn't to mine:rolleyes:), unless they decide to offer an amount to settle, which will usually be a fraction of what you're claiming, so I've never seen this letter before .... you're honoured:rolleyes:

 

I'm sure there's a second nudge letter somewhere that you can send, say, in a couple of weeks if you want to. This is probably also in the A-Z if you take a look. Personally I only sent the first one, as they didn't respond. It's up to you whether you decide to send another or not. Some think it's a good idea, others see it as making you look a little weak and desperate.

 

Hope this helps a little

 

Mimi

[jmn]

Looking at the wording on your request for an AQ, I can't see you've done anything wrong ... it my view it's just stating that all defences (i.e. the one due from the defendant) have been received, though I can't comment on whether or not this is "standard" ... I'm no expert I'm afraid:rolleyes:

As you obviously have to complete one though, if you look in the A-Z link I sent you in my email, there's a guide to filling it in.

 

Normally Wragge don't bother replying to nudge letters as far as I'm aware (they certainly didn't to mine:rolleyes:), unless they decide to offer an amount to settle, which will usually be a fraction of what you're claiming, so I've never seen this letter before .... you're honoured:rolleyes:

 

I'm sure there's a second nudge letter somewhere that you can send, say, in a couple of weeks if you want to. This is probably also in the A-Z if you take a look. Personally I only sent the first one, as they didn't respond. It's up to you whether you decide to send another or not. Some think it's a good idea, others see it as making you look a little weak and desperate.

 

Hope this helps a little

 

Mimi

Thanks Mimi,

I have the AQ guide notes and the 2nd nudge - see, you are a good teacher. I do everything you say!

 

Though I'm not sure I feel honoured by their response to my 1st nudge:eek: not exactly what I wanted to hear.

 

I think some of the letters must pass in the 'black hole', that is the Royal Mail! I sent my 1st nudge on 3rd July and rec'd offer of a pitiful amount by 5th July, so I thought this was in response to my nudge, but now, after receiving this one today, I'm not so sure which one is in response to which letter!

 

Crikey it must be pandamonium in Wraggies office!! Oh too be a big fly on their wall

[jansus]

allocation questionaire ???????

 

I dont have an AQ but wondered if post 4 might help?

URGENT PLEASE: Full Settlement Confidentiality Clause

 

also post by michael browne on conf clause

 

Also see the nudge section I added to a reject letter on my thread.

 

I have decided thats the only one I am going to do unless things change.

 

they have not appeared in court yet and are paying others in full at the moment- and after the time spent researching etc I feel like we have all earned this now:)

 

jansus

[jmn]

allocation questionaire ???????

 

I dont have an AQ but wondered if post 4 might help?

URGENT PLEASE: Full Settlement Confidentiality Clause

 

also post by michael browne on conf clause

 

Also see the nudge section I added to a reject letter on my thread.

 

I have decided thats the only one I am going to do unless things change.

 

they have not appeared in court yet and are paying others in full at the moment- and after the time spent researching etc I feel like we have all earned this now:)

 

jansus

Thanks

I think I've done it. Almost complete, just need to do copies for Wragge.

 

Your all amazingly patient with the newcomers. So grateful

[allen0601]

Hi jmn it doesnt matter if you complete the AQ early as they will not look at it until after the date its due even if wragges have completed and sent in theirs. Then your looking at another 3-4 weeks until the judge has looked at it and decided which route to take and theres even a back log in the office so add another weeks on to that! at least that is what they told me at the court. So i think its a case of settle down we are in for a long wait!! Good luck with every thing i ll keep watching this space.

Nicky

[jmn]

I have received this letter from Wragge, I think it is in response to my first nudge letter. It says:

 

"Your offer to accept the sum of £** in settlement of your claim is not acceptable to our client. Any settlement that our client may wish to make with you must include your acceptance of our client's standard t&c previously notified to you together with a confidentiality clause. We are not in a position to make any offers of settlement to you unless you agree to the t&c of your bank acct"

 

Contact given as Susan Land for Wragge & Co

 

I haven't heard of anyone else getting a letter like this. I don't really understand the content or whether it needs a response from me. Do I write back? If so what should I write?

 

Also, funny how they say 'they are not in a position to make any offers', when I received one from them just day's before this letter arrived, which, as yet I have not responded to. Do I need to write to them rejecting it. They gave me 28 day's.

 

 

Thank you in advance for any help anyone can give me.

[MimiJane]

I've seen this letter very recently which someone else has received ... obviously "standard", particularly as they haven't referred to their other offer:rolleyes: I didn't get any replies to my nudge letters.

 

If you look in the "A to Z" thread here :-

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

I'm sure you'll find a suggested reply

[jansus]

Aha susan land - that is who I am dealing with !

 

I combined a reject letter and a nudge letter together - see my thread - so no doubt I will be getting a similar letter soon:cool:

 

jan