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Banofi v A&L #WON#

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Sent my letter before action for £311. Received reply today mentioning the high court test case, and that although A&L are "not one of the banks in the test case [they] have asked the FSA to suspend the normal timetable for dealing with complaints about charges... the FSA has agreed to this request subject to conditions that protect your rights."

 

Pah! protecting my rights? I should have the right to claim whilst the test case is going on!

 

"Similarly, you should be aware that if you choose to issue a claim in the County Courts, we intend to apply to the Court for an order to stay your action until resolution of the legal proceedings with the OFT."

I intend to try anyway and ask to remove the stay. Surely it is up to the court.

 

"The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it."

 

I would say that taking my money is an adverse affect! So why freeze all claims until then?!?!

 

I will put a court claim in and see what happens. Am also on a debt management plan so will use this to support my case.

 

Wish me luck!! :evil:


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Good on you Banofi! I bet many people are being put off with this test case. It suits the banks, and is so unfair to claimants. I am so close, but today have been informed from the courts that although its past the deadline for A +L to put in their bundle, they still have the chance to "stay" the case.

I wish you all the luck in the World, its sounds like you know what youre doing.

Kay X

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Yes Banofi, it's totally up to your local court as to how they play it, so just proceed as normal until/unless you hear otherwise.

 

If a "Stay" is put in place, use the link below to request to have to removed :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Keep us informedicon7.gif

 

Mimi


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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I wrote one last letter to the bank saying that I had put my court bundle together. I asked them to reconsider my claim on an "individual basis" and not on the basis of charges being unlawful. I attached copies of my financial statement which includes details of my debt management plan, listing my creditors, monthly outgoings and income & expenditure. I explained that the charges were detrimental to my debt management plan. They refunded me immediately - £557!!! Hoorah!!! of course it's all gone on bills though...... :-0


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Well done banofi :D


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well done !!!

 

It is so strange - A&L were the ones who would take everyone right to the wire and now recently have become "human" what is happening?

 

Very well done for your perseverance

 

Bumping up so others can read

 

Jan:D


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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I have applied to have the stay removed, and it is due in Maidstone county court on 27th November. I also found out today, purely by chance on phoning A & L, that they closed my account on 19th August,without contacting me via letter,or my authorisation, i contacted Wragge & Co,who 'kindly' said they would phone A & L to see why this had happened without informing me..So, i contacted the FSO and issued a complaint myself.

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