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Kay against Alliance & Leicester***WON** POST OFT

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My Goodness I didnt realise there were so many of us out there battling against the big boys!

I started claims against Halifax and A&L in February using advise from Money expert.com. My account with Halifax is still current and they paid me £576 within 3 weeks.

But Alliance is really tough. I actually closed my account with them in Spring of 2006, because of their excessive default charges.

Since claiming my money back they have been awful, completely ignoring my time-limits etc. I wont go into it all here, as it would take up too much space. But briefly,the total charges on my account over 6 years was £2023. plus int £409.74. However there were some refunds on the account totalling £266. So I took these off and claimed £1757 plus £409.74 interest.

They refused but eventually they offered £659. I refused and threatened court action and when I didnt recieve a response I started the court action with Money Claim online. However because I was so angry, I decided the claim the full charges of £2023 (ignoring the refunds). Then recieved a cheque from A&L for £779.(to include the court fee) As court action had already been taken I didnt bother to write back to them. I have now had their 6 page defence from Wragges and the court.

Last week the court wrote with a demand for another £100 because my claim is over £1500. (why didnt they tell me this is the first place?) Reluctantly this has gone off to the courts and I now have a date set for August 16th.

I havent done anything since and am not sure what to do. I see people talking about AQs and Bundles, and have no idea what these mean.

Can someone help me out. I am really scared that I did the wrong thing by ignoring the refunds on the account.

Sometimes I wish I'd never started this with all the stress it has caused.

Regards Kay.

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Hi Kay, dont worry there are plenty of us at your stage i m sure one of us can help.

 

What you need to do is dependant on the type of hearing you have, it can be an allocation hearing, or a final hearing.

 

Presuming your date is a final heaing you should have received what they call directions, this will be what the judge requires you to show or not show.

 

On mine it just states that each party shall deliver to eavery other party and to the court copies of all documents (including any expert reports) on which they tend to rely at the hearing no later than 14 days before the hearing.

 

Also usually states u need to bring the originals to the hearing.

Some claimers however dont need to bring anything, which usually means the judge has a good idea what hes going to do.

 

Check on the type of hearing you are having and what directions you have then check out this link, it should tell you all you need to know, if you are worried then just shout, one of us are usually around to help. (Dont be offended, its a great straightforward guide)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html


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

Feels like a lost little girl x

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Thank you sooo much for your message, I really appreciated your advise.

The bundle thing looks so complicated, but I think I can put it together with the help of bundle for dummies.

I dont really understand what type of hearing it is, allocation or final?? Only that it says that "the Judge has considered the statements of case and allocation questionnaire filed and allocated the claim to the small claims track" and yes, it says the same as yours, that "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely etc etc..." Perhaps I shall call them tomorrow.

I guess I am feeling guilty that I am claiming for all the charges and didnt mention the refunds that appeared on the statements. The bank havent mentioned this, as all their correspondance has all been standard letters, not personal at all. But if I alter the amount claimed now, it might make things worse.

OOOeerr

Thanks again

Kay

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I think you have two choices -either amend the claim - or wait and see what happens - you have presumably given them every oppurtunity to dispute any particular charges as you will have sent them copies of your schedules.

 

But I am willing to bet that in return, on their offers they have not provided you with one single breakdown of how they have come to their offer.

 

If the worse comes to the worse they could reduce their settlement.

 

But I am not an expert so this is only my personal opinion.just keep in mind they have not yet defended at a full hearing.

 

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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Out comes cynical me again.... they will no doubt be aware of this and will probably be leaving it till last stage when they will attempt to get it thrown out stating you are over claiming, but as i say thats the cynic in me ;D

 

Your directions say same as mine so seems its a final hearing.... If you need i can email the bundle to you and you can print out and adapt as needed, just pm me your email address.


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

Feels like a lost little girl x

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Thankyou again. I have read through loads of threads, and am quite boggled by it all. Since sending the extra £100 I havent done anything, not even replied to Wraggs, as I didnt think I needed to, but maybe I should respond to their Defence Note No.10 where they say I have failed to particularise the claim.

I will pm you (private message?) It would be great to see your "bundle". (Sounds naughty doesnt it?)

Regards

Kay

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Hello all of you out there.

I must admit I have done nothing but worry. and I mean NOTHING. My court date is August 16th so have been looking through the forum for advise on bundles etc. Just started getting it together today and low and behold Wragges have written upping their offer from £779 incl Ct cost, to £1011.50 plus court cost of £120.

I am now in a delema. Considering all the stress this has put me through this last year, should I carry on? Or considering I am claiming a little more than I should have (Out of a claim for £2023 of which I left out the £266 refunds) Do I accept???

Its all so complicated. I get so confused even looking through this forum!

HELP.

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Why you worry?

 

You should have stayed with us, it as been a Spliffing party since we joined I don't know when.

 

Still time to drop those shekels and climb aboard the 'Fun Bus'. Sink or swim, we aint 'Bovvered'.

We are the CAG Army.

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Hi Kay

 

First of all STOP worrying.

worrying never does anything except make you feel ill.

 

My first thoughts on reading your thread, were I think Kay should type in her Notice from the Court

 

If you could type in your Directions from the Court, word for word

then we can all help you with the papers you need for the Hearing.

 

at the top of the page does it state

Notice of Allocation to the Small Claims Track (Hearing)

 

unless we know exactly what the judge has asked for it is impossible for us to help.

 

So if you have a few minutes,

Go and get out your file, and type in the last Notice you received from the Court,

and we'll all be here to help you through it.

Go and make yourself a nice cuppa to drink while you're doing it !

 

Believe me you will feel so much better once you have typed it in on your thread,

you will feel you have done something constructive and positive !

 

good luck

 

alice x

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Hello all of you out there.

I must admit I have done nothing but worry. and I mean NOTHING. My court date is August 16th so have been looking through the forum for advise on bundles etc. Just started getting it together today and low and behold Wragges have written upping their offer from £779 incl Ct cost, to £1011.50 plus court cost of £120.

I am now in a delema. Considering all the stress this has put me through this last year, should I carry on? Or considering I am claiming a little more than I should have (Out of a claim for £2023 of which I left out the £266 refunds) Do I accept???

Its all so complicated. I get so confused even looking through this forum!

HELP.

 

No one can make up your mind for you and, yes, it is stressful, but you'll have loads of help along the way here ... many of us have been through what you're going through so why should you let the banks "get away with it" when you could get your full amount?

 

A lot of us have plenty of experience along the way and are quite far ahead of you, so can offer plenty of adviseicon7.gif

 

Good luck!

 

Mimi x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

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

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O.K. I've gone and got a cuppa with a large brandy in it.

Dated 12 July 2007

"Notice of Allocation to the small claims Track (Hearing)

District Jusge... has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 14.00 on 16 Aug 2007........

The court must be informed immediately if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later that 14 dayss before the hearing.

The original documents shall be brought to the hearing.

Dtae 03 July 2007"

Today Wrages letter: Without Prejudice.

"We are instructed to make the following offer to you in full and final settlement of your claim against our client:

1.Our client will pay the sume of £1011.50 in respect of your claim

2. Our client wil pay your court fee of £120.

3. Payment will be made to you with 28 days of your acceptance of this offer,

4. This offer is made on the basis that you accept our clients terms and conditions of your account previously notified to you and that charges will be appleid in accordance with their current charging policy.

If you wish to accept this offer please contact the writer on the number below."

My concern is that if I hold on to the bitter end, I may end up with nothing, as like I said before, the total I am claiming through the court is more than I originally claimed with A+L , because through anger at their treatment of me, I ignored the refunds to the account. Could it be thrown out because of this?

Kay.

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On advise from my partner I have today faxed Wragges a letter, stating that I am prepared to waive the interest charged, if they will settle by noon on Monday. If they dont reply I still have time to send in my bundle and go for the full amount.

My fingers are crossed. Cant wait till its all over.

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Hi kay,

 

I have just had exactly the same letter as you from wragges,

word for word exact !

payment made within 28 days, of acceptance etc., etc.,

 

received it this morning, offering me around half of my claim.

 

It looks as though they have been busy sending out offers.

 

the first offer i received was £120. last month

today that has gone up by almost £1k

 

Relax

its the weekend

the weather's beautiful,

sun is shining

and we are all here for you ! :p

 

alice down the rabbit hole in wraggeland

x

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Thanks Alice. Wonderful words of support. I just hope I've done the right thing with my fax. I am waiting eagerly to see the outcome of the Test Case that is currently in the news.

Kay x

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This site has boggled me completely. Once you go into different threads and onto replies, checking out where people are up to, all the legal jargon etc...you forget what you actually started out to do!

But I have to say, it all makes fantastic reading..so much info.. so much immotion, happy-sad-scared-angry.. and in the end we all going through the same fight, whichever way we look at it.

Its amazing!!!!!!!!!!!!!!!!!

With this new Test Case started, we are all wondering where it will leave us. There will be a lot going on this week, and for those of us almost at an end, it will be nerve wracking.

I have given Wragges until noon tomorrow to come up with my money, less interest, just to put an end to it all. I wait with baited breath.

Love and luck to all you wonderful people.

K X

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hi kay

 

I agree -

you come on here for 5 minutes - to quickly check something out,

and before you know it you've been on here for two weeks !!!

 

one thread refers to another link, and that link sends you somewhere

else.....

 

I do hope you are a little less worried now. :)

 

I have found

that as time goes on

with the help and support from the lovely peeps on this site

you become less and less worried

and more and more determined

to claim back

what is rightfully yours.

 

I have only been been posting on here since June

but it feels like 3 years ?

 

you seem to enter a time warp when you come on here :p

 

I'm going to ring my local court today

to find out what their policy is going to be

now that the Test Case has been announced.

 

good luck

claiming back YOUR money Kay

 

alice xx

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Well, I rang Wragges today to ask why they hadnt responded to my fax and was told the guy I sent it to is away all day. She hadnt even seen my fax, but said that "In light of the Test Case, they are not making or receiving any offers until the outcome of the case... Your case will probably be put on hold"

I didnt crumble, I spent all afternoon putting together the bundle which is going off tomorrow recorded delivery. I am going to a family funeral up north tomorrow so had to do it today.

Trying to find the relevant stuff was very stressfull to say the least, added to the fact my computer ink gave out just as the last of my copy paper ran out!!!

Its so not fair that we ordinary people have to do all this stuff, why cant it be simple? It seems ridiculous to quote cases that I dont understand and appear have no relevance to me.

Anyway its done now, pages numbered, indexed, the lot! And boy, do I feel relieved!

All this may be to no avail if the case is put on hold as Wragges have threatened. But I know in my heart, I had to battle on, and just prey it will be fruitful in the end.

I so need the money.

It has been a great learning curve. Although a born worrier, I know I must do what is right and not get so emotionally involved. Its only money eh?

(I think I need councilling)

Kay X

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I'm sure it won't all be in vain ... you'll have done all the hard work, even if it is a case of having to wait:rolleyes: The vast majority of people are winning by default and I'm sure it'll be the same for you.icon7.gif

 

Mimi x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

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

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Hi there

Wragges can't put your case on hold they have no power to do so, they're just messing with you. They can apply to the Courts to have the case stayed and then its down to you and the courts as to wether you want this to happen. Don't believe anything your told about your case unless it is on headed paper from the courts:). If they do apply to have the case stayed then you have so many days to oppose this. Remember they have nothing but empty threats, speak to the courts and unless you hear any different stick with your timetable.

 

Caza

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I agree - unless I hear something from the courts I am going to get my bundle ready and send it off.

 

Keep going unless the courts tell you otherwise.

 

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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Hi all,

I have been away at a funeral and now my best friend has just had a "mild stroke". Makes you realise how life is so precious, and all this stress pales into insignificence. I read all the posts, and all of us have so much going on in our lives besides all this.

I have been holding off ringing the courts after sending my bundle in, but I did it today. They said received my documents last Wednesday and all cases "are going ahead as planned". I asked if they had received the defences bundle as Friday was the 14days before court, and they hadnt, but said it may be due to the post. She told me to call back later in the week.

If they havent sent in their bundle, do I win by default??

Oh I so do hope so.

However now I am not as bothered as I was.

Love KX

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Sorry to hear about all your "upsets" ... life is one big obstacle course I always say and we have to make the most of the good times:rolleyes:

 

Yes, you win by default if Wragge don't submit their defence in time and they won't. On the day after the last submission date, submit the form below :-

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

 

You'll need to print it off before completing it.

 

Tick box A, second box in C, then D where I ticked "Immediately" and also "In Full" with "as soon as possible" in the box next to it.

 

Send it with a "nice" cover note to your local Court Manager, asking him to kindly consider it.

 

Just done this myself and it worksicon10.gif

 

Good luck ... not that you'll need it.icon12.gif

 

Mimi x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

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

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Thanks Mimi, I'm getting excited now! The link you sent isnt coming out though.

Love KX

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Strange, it's working when I click on it:confused:

 

Try this one, which I've just googled :-

 

http://www.hmcourts-service.gov.uk/news/forms/docs/n225_0406.pdf

 

Mimi x


A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

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

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