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    • Here is an updated draft of the proposed particulars of claim. Please can you start dealing with this. Fill in the figures and also let me have some comments.    
    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level and gentle in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
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Daniel V A&L


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Hello all - I was hoping for some comments and suggestions please.


I know the amount of charges which were taken illegally so did not need to send the data protection letter.


24/06 - First letter issued asking for £336 back


01/07 - Letter received from A&L saying their charges are legal and they will not be refunding them


06/07 - Seconds letter sent to A&L asking for £336 back.


Now, since I sent the second letter I wrote a cheque for £100 and paid a cheque for £100 in - A charge came off leaving my balance under £100 - so the cheque I wrote was unpaid .. a charge was raised. However A&L represented the cheque and charged me for that .. then the second time round they paid it .. Charging me again. A heck of a lot of charges could have been saved if they paid it the first time round!


Anyway - the amount of charges is now more than my original two letters stated - should I send them a revised schedule ... how should I make it clear to them that I want the original charges returned plus the new ones they are illegally applying to my account.





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Daniel you can cnotinue updating you schedule of charges until u start court proceedings, just send an updated list the next time you need to send them anything, if once you start court proceedings you need to alter them it will cost you £35 and unfortunately this is not claimable.


Feels like a lost little girl x

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Np, just shout if u need any help or u just wanna chat about ur claim for moral support!


Feels like a lost little girl x

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Well im due to start the process of taking them to court on Friday... Just a few things I wanted to check


I noticed in the court bundle I should include a copy of my terms and conditions .. my bank still have not sent me these ...


I dont understand interest calculations .. am i claiming interest @ 8% from the date the first charge was applied until today ? I dont think my bank charge interest on an overdrawn account - i believe they just charge £50 / month .. well thats what they have been doing for me.


The cost for court will be £80 - when do I pay this ?



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Hi Daniel.


The interest is claimed from the date of the first charge. There are spreadsheets on this site where you just pop your charge details in and it calculates the interest for you, it's marvellous stuff!!




Good luck on your journey!!



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HI - Well im due to start court action - however unable to afford the £80 just yet so will give them extra time. Would someone mind having a read over this letter which im about to send them .. Just want to make sure its legally correct etc etc



Alliance & Leicester plc.

Carlton Park,


Leicester L

E19 0AL.



25th July 2007





Dear Sir/Madam,





I am very disappointed that you have failed to respond to my letter of the 24th June 2007, 25th July and Fax sent on XXXXX.


I have enclosed an updated schedule of charges which I am claiming back. I am also disappointed that you have written to me threatening to close my account as it’s currently over the agreed over draft limit. I would like to remind you that the account is only overdrawn due to the illegal charges you have applied to my account. Further to this you recently refused to pay a cheque I wrote claiming my account was overdrawn, again this cheque was unpaid due to your illegal fees. I will be bringing these points to court should that be where this matter ends up.


I previously stated that I would commence court action this week; however as a gesture of goodwill I am going to give you a further 10 days from today. Once 10 days have commenced I will be handing in a completed N1 for to my local court to commence action again you for the full amount plus interest plus my costs.


I calculate that you have taken £XXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 24th June 2007, 25th July and fax sent XXX.


You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.


Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.






Yours faithfully,

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Hi ...........


welcome to the forum.

we are all very friendly on here, and will help you as best we can.


just a minor thing.

was wondering if you had just signed your letter above with your real name ?


if so, it might be best if you delete your name for your own security, as believe it or not

the Banks and the Solicitors come onto this forum checking up on how we are dealing with the cases


very simple to do,


just go back onto the thread you created,

and there is an EDIT button

just press this button remove your name and press SAVE


good luck with your claim


alice x

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Great - Glad to see you've removed your full name

from the bottom of your letter.


I've just removed your name from my post below it.

as I addressed you by your christian name



can't be too careful !


good luck




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hi darkfyre


the letter looks good to me, and is self-explanatory

BUT as I am no expert -

you might be best to ask a moderator to look over the letter for you

before you send it - just to see if they feel there is anything you should add.


If you are a bit short of cash at the moment.

you can write to the Financial Ombudsman for free.


You can run your court claim alongside the Ombudsman,

so that when you have the funds to commence your claim.

you would be attacking from both angles !


all info is in the CAG Library


Good luck

alice x

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I was watching GMTV this morning and it was saying that all cases will be froze until a decision is made by the high court over the OFT v Banks ....


Is this true ?


Im worried because my account is over drawn and they are charging £50 / month ...its going to keep going on and make my credit history look really bad.

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hi there darkfyre




a STICKY thread just above the alliance & leicester forum has just been very kindly posted by scooter which will make very helpful reading.


the advice is, continue with the claim...

carry on with the procedure you have started.


from your thread, i think you have just sent your Letter Before Action letter ?


the A&L should contact you and may advise how they are going to be dealing with these claims now that the OFT has intervened.


for those that have begun their claim through the courts

we are advised that A&L may ask the Courts for a Stay on all cases,


however each Judge/local Court will be handling this in their own way.

some Judge's may grant a stay to A&L, and some courts may wish to continue with the court hearing dates already given.


advice is - if you have been given a court date.... continue to prepare for it.


best thing to do is keep watching the news.


as everyone knows on this forum

reclaiming your bank charges is like being on a huge rollercoaster


everything is still all up in the air at the moment.


an ANNOUNCEMENT in RED was posted yesterday

at the top of the forum by one of the moderators alanfromderby

which you may find useful to read,

and you can also find info

on the BBCNEWS24 website


You can also find information about this on the

Martin Lewis Moneysavingexpert site.



but more importantly you could refer to





as he was first to break the news of the test case on this site ! ! !


and have a damned good laugh while you are doing so


Squarebob is unique and keeps our spirits up


take care darkfyre - all will be revealed shortly... just keep reading/listening to the news.


alice down the rabbit-hole


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  • 1 month later...

HI All - I was hoping for some help.


My balance was at roughly -£1300 a month ago. £500 of this was an agreed overdraft limit and £600 odd was what I was claiming back as illegal charges. Meaning I was £200 over drawn.


I wrote to A&L (they wrote to me first asking me not to talk them to court until the high court made a decision on the test case) and told them to freeze my account and I would pay the £200 overdrawn back. I wanted them to freeze my account as we could not come to an agreement over the charges so this seemed sensible.


Anyway - no reply (nothing new) and a month later they write to me saying they have closed my account and the balance is due in full. I called them and they said yes if I don’t pay £260 per month I will go to debt management and this will affect my credit rating.


I now do not know what to do - I played fair with them... They ignored me and have now done everything they said they wouldn’t (closing my account as a result of a claim for charges)


I am now a student living off a student loan .. So it’s really impossible for me to pay anything back just now.


Any advice?

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Alliance and leicester fined by FOS for retaliatory account closure


have a read of this thread


I am not an expert but as no one else has come along to answer you I would only tell you what I would do .


1) Write and complain to the FOS about the account closure and say technically you were only over the OD because of Charges which you were in the process of claiming before the stays - make sure you are clear it is about the retalitory closure rather than the charges( or they will put letter on hold)

2) Write to A&L stating the same -that you feel this is a retalitory closure and you are complaining to the FOS and that you will continue with your claim even if it is after the test case ( you can still caim if your account is closed)

4) Explain to them your financial situation and say you want to come to a reasonable agreement to pay back the OD only for the moment and ask for their assistance and guidance( if they dont give it you can throw the book at them later)


be firm but polite.


Thats all I can suggest at the moment


Remember do everything in writing and keep copies


shout if you need any more help



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:)


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




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