Banofi v A&L #WON#

[banofi]

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!!

[dewhit20]

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

[MimiJane]

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 informed

 

Mimi

[banofi]

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

[sea-sidelady]

[Bigmac versus]

Congratlations.

[rory32]

Well done banofi

[jansus]

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

[littleshrimp11]

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.