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Hi,

I'm just about to send my prelim. off to A&L for just over £600 in only 7 months of opening an account. (Thought I could save money with these guys...!)

I've noticed on their site an announcement regarding today's ongoing court case. They are suspending dealing with letters about penalty charges and say they have the FSA's permission to do this.

Will a prelim. and then a LBA still work?

Here is some of what they have to say:

 

What will happen to customer requests for charges to be refunded?

Customers who feel they have been asked to pay fees in error should still contact us and their request for a refund will be handled in our normal way.

What will happen to customer complaints about the level, fairness or legality of unauthorised overdraft charges?

We will not be resolving customer complaints on the level, fairness or legality of unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.

Why are you allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

Like every other bank, we applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect a customer's rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk

All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint.

Can I make a court claim for a refund during the test case?

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case."

Regards,

Strikeback.

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As I understand it, you should continue as normal until there are announcements otherwise. It is better to start the process now and stake your claim, than to wait and have to argue statute of limitations etc. which will complicate things for you

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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  • 8 months later...

Hi all,

 

My question is as follows:

I have sent my pre-lim. off to A&L (March 2008) and have received a standard reply. Do I still go ahead and send an LBA as normal, even though this test case hasn't been resolved yet?

I've read about "stays", should I carry on as normal as if there was no test case?

 

Many thanks in advance.

SB.

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Yes. Stick to the timetable.

Fourteen days after the prelim, send the LBA.

Even though it won't progress, your claim will be already in the pipeline when the stays are lifted.

 

Rooster.

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Yes. Stick to the timetable.

Fourteen days after the prelim, send the LBA.

Even though it won't progress, your claim will be already in the pipeline when the stays are lifted.

 

Rooster.

 

I am in the same boat, if you send the LBA do you state

"I look forward for a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money." and then do you start a court claim????

Thanks:(

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Hiya Estela,

 

You dont have to do anything to the lba letter. It is fine as it is. Just add your own personal details. 14 days later, you can file at court. :D

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  • 2 months later...

Hi,

 

I have had a standard response from my LBA. Do I go ahead and file?

 

Since my LBA I've received another £25 charge. Can I claim for this as well?

 

Regards,

Strikeback.

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Yes, once you are ready you can file at court. But yes you add on all the new charges, before you file. ;)

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Hi,

 

I'm in the process of filling out an N1 form.

In the "particulars of claim form" area, there is so much text as to cause the pdf document to scroll.

When you come to print the document, then not all the text I've entered is printed.

 

Any ideas?

 

Regards,

Strikeback.

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Hi,

 

I'm in the process of filling out an N1 form.

In the "particulars of claim form" area, there is so much text as to cause the pdf document to scroll.

When you come to print the document, then not all the text I've entered is printed.

 

Any ideas?

 

Regards,

Strikeback.

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In the particulars of claim section put 'see attached document' Then print out the POC's :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Yes, just put 'Continued on attached sheet'

 

or 'See attached Pariculars of Claim' and print out all the POC's on separate sheets

 

At the top of each page:

Page ? of ?

 

Particulars of Claim

Strikeback v Your Bank

At the bottom of last page :

 

Statement of Truth

I believe that the facts stated in these particulars of claim are true.

 

Signed................... ............

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Hi,

I have, in the last few days exceeded my o/d limit for 2 days and have received a £10 charge, £5 per day.

Can I also add this to my claim, or are these their new charges. They have changed the way they charge for o/d's recently.

Regards,

SB.

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you can add charges on right up to the date you file your claim.

 

Are you checking these online? If they are not due to come out of the account until later then you would need to delay sending the N1 until the date they are charged.

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  • 2 weeks later...

Hi

 

You need 3 copies of each of your N1, schedule of charges and particulars of claim.

 

 

 

 

Tilly

 

 

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Hi

 

Yes you take all 3 copies to your local county court, they will send one back to you and one to your bank.

 

 

 

 

Tilly

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Thanks Tilly,

 

I know I need 3 copies of each, but I don't send them all to the court surely?

 

SB

As tilly says they all go to the court they have to be stamped by the court then one is returned to you one sent to the bank and the other retained by the court

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Hi Strikeback,

 

While you are printing, it is worth printing off another 3 copy's in-case you need them for your court bundle in the later stages of your claim.

 

Lex

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  • 1 month later...
  • 8 months later...

Since sending all the letters off to A&L I have foolishly gone and received a further charge.

 

>

 

How do I add this to the grand total they have from my previous letters?

 

Many thanks.

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