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Alliance & Leicester (merged)

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  • GCCR
    GCCR Posts: 3 Newbie
    Do you happen to know whether one can claim charges from a bank account which one has closed ? (I was apalled then A&L kept charging enormous amounts for missed payments so told them to shove their account,:mad: so it would give me great pleasure to get something back.....)....!
  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    GCCR wrote: »
    Do you happen to know whether one can claim charges from a bank account which one has closed ? (I was apalled then A&L kept charging enormous amounts for missed payments so told them to shove their account,:mad: so it would give me great pleasure to get something back.....)....!

    Definitely ... loads of people are doing this.icon7.gif
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
  • loopylara
    loopylara Posts: 6 Forumite
    Thanks so much! I have also received a letter from 'Wragge and Co' the banks solicitors this morning. I am panicing!
  • jojo2525
    jojo2525 Posts: 8 Forumite
    Hi everyone,
    Have recd chq from a&l for quarter of what i claimed - have emailed martin and advised can cash chq but say accepted without prejudice etc using the template letter on this site. did all that - guess what - wragge have now written and said i have accepted this chq by cashing it and so begger off basically!!
    they said the option of going to court was now unavailable - they;ll bill me if i try to and want me to tell court that ive settled!!

    what do you think??
  • LozBingley
    LozBingley Posts: 580 Forumite
    loopylara wrote: »
    Thanks so much! I have also received a letter from 'Wragge and Co' the banks solicitors this morning. I am panicing!

    I'm way ahead of you against A+L and the solicitors are nasty! BUT you are in the right and they know it - don't accept anything less than an 80% offer and hold out for 100% plus interest. Best course of action is via the court. If you need further help or advice send me a message or email me - address in my profile - click my name :)
    Got It & Spent It :dance:
    IKEA CARD = £120 charges = £175 received (146%)
    MARBLES = £450 charges = £370 received (82%)
    I.F. = £494 charges = £494 received (100%)
    CAPITAL ONE = £981 charges = £1,489.03 (152%)
    BARCLAYCARD = £580 charges = £786.12 (136%)
    On Hold :mad:
    A+L = £722 charges (target = 147%)
    BARCLAYS = £1,405 charges (target = 128%)
    BARCLAYS = £175 charges (target = 140%)
    ABBEY = £3,220 charges (target = 148%)
  • wintye
    wintye Posts: 23 Forumite
    Hi

    I haven't been on-line for a couple of weeks now as I've been so busy. My previous letter from the local court was basically saying that A&L had to get paperwork in proving their charges by a certain date.

    The date came and went and the case was referred back to the judge. I have received a letter:

    Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

    IT IS ORDERED THAT

    1). Unless the defendant do comply with paragraph 1 or the order dated 12 June 2007 by filing in court and serving on the claimant the full details ordered by the court no later than 4:00pm on 19 July 2007 the defence will be struckout without further order.

    2). Refer back to the judge after 26 July 2007



    I thought if the case was ever struck out it meant that I had lost and that was the end of it as far as the judge was concerned. Should it say something about winning by default if I have won?

    I'm a little worried as I can't see why he would throw it out if A&L don't comply with what he has asked.

    Any help greatly appreciated.

    Thank you
    Claire:o
    Always plan for your future, it's where you'll spend the rest of you're life ;)
  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    wintye wrote: »
    Hi

    I haven't been on-line for a couple of weeks now as I've been so busy. My previous letter from the local court was basically saying that A&L had to get paperwork in proving their charges by a certain date.

    The date came and went and the case was referred back to the judge. I have received a letter:

    Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

    IT IS ORDERED THAT

    1). Unless the defendant do comply with paragraph 1 or the order dated 12 June 2007 by filing in court and serving on the claimant the full details ordered by the court no later than 4:00pm on 19 July 2007 the defence will be struckout without further order.

    2). Refer back to the judge after 26 July 2007



    I thought if the case was ever struck out it meant that I had lost and that was the end of it as far as the judge was concerned. Should it say something about winning by default if I have won?

    I'm a little worried as I can't see why he would throw it out if A&L don't comply with what he has asked.

    Any help greatly appreciated.

    Thank you
    Claire:o

    Claire,

    Don't panic ... no need to worry!

    When the "other side" don't comply by a specific date, the judge can do one of two things : either give you judgement by default (i.e. make A&L/Wragge pay up and settle with you in full) OR make another Order, giving them more time and setting another date for them to submit their papers.

    He's obviously decided to make another Order giving them more time. If they don't submit by 19th July, you should hear from the judge that the DEFENCE will be struck out without yet another Order, i.e. YOU WIN and he'll order them to pay up in full.

    You should hear from him after 26th July. There's very little chance they'll submit anything ... how can they declare how they reach their charges? I'm also waiting for judgement by default for the same reason ... they've not submitted anything.

    If should all go fine, so don't worry and let us know when you've wonicon10.gif
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    Hi again,

    Forgot to mention Claire ... "file" means sent to the court and "serve" means send to you (the claimant). So both the court AND YOU have to receive something by this date (which won't happenicon10.gif)

    Hope you're well and also hope you sleep better nowicon7.gif

    Mimi x
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
  • LozBingley
    LozBingley Posts: 580 Forumite
    Don't you just hate them?

    I sent a 'Statement of Litigation' to them LOL my own design to try get things moving here it is for you all to crib ;)

    Statement of Litigation
    <TABLE class=MsoNormalTable style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-padding-alt: 0cm 5.4pt 0cm 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1><TBODY><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt" vAlign=top>Court Ref<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top>Description<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top>
    £<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>7Qxxxxxx</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Charges claimed<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    722.00<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Interest @ 8% to 6<SUP>th</SUP> July 2007<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    70.67<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Compensation for closing account<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    200.00<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Less balance to repay<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    -200.30<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Court Fee<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    80.00<O:p</O:p
    </TD></TR><TR><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Self Litigation Fee<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    230.00<O:p</O:p
    </TD></TR><TR style="mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: windowtext 1pt solid; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>Sub Total<O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top><O:p</O:p</TD><TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; BACKGROUND: silver; PADDING-BOTTOM: 0cm; BORDER-LEFT: #ece9d8; PADDING-TOP: 0cm; BORDER-BOTTOM: windowtext 1pt solid; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top>
    1,102.37<O:p</O:p
    </TD></TR></TBODY></TABLE>

    Please send remittance by return


    They replied saying it was a meaningless document so here is my reply ;) also includes reply to increased offer :)


    Dear Sirs,

    Thank you for your letters of 9th July.

    Firstly, as regarding my ‘Statement of Litigation’, this is far from a ‘meaningless document’. I merely wanted to point out that your prevarication and your clients’ procrastination in failing to give due consideration to my initial and subsequent ‘Without Prejudice’ offers, allowing your clients’ retention of 10% of the charges applied, as I believed that this was a far better representation of the true cost involved for administering the charges, have now incurred more costs due to being forced to issue court proceedings in order to reclaim them. As you are no doubt aware, within the small claims court I am entitled to seek recompense for the cost of bringing the case to court, make a charge for my out of pocket expenses and time in researching and defending my case, represented by the ‘Self Litigation Fee’, and interest @ 8% from the time I was unlawfully deprived of my money to the time that your client makes full and final settlement.

    Secondly, I can not accept your clients new ‘Without Prejudice’ offer as I still feel that the retention per charge, that from the figure I deduce to be approximately £10 per charge, still represents an extravagance under the Law of Penalties. The only way your client can defend its position that it is not an extravagance is to provide a detailed cost analysis of the processes involved in administering the charge, as requested of Yorkshire Bank by Judge Iain Besford at Hull County Court earlier this month.

    Had your client wished to ‘avoid the risk of litigation’ then they should have considered my initial and subsequent offers more carefully.

    You have also made reference to the Berwick v Lloyds TSB Bank plc in which the claimant failed to present his legal argument correctly. Might I point out that there have only been, to the best of my knowledge, two such cases where this has happened this year. Considering that there are an estimated 1,500 similar cases a week being entered into the court system via the on-line Money Claim system alone, and all on the same grounds, I feel that I have a strong case and am fully versed in the relevant case law that support this arguments.

    Got It & Spent It :dance:
    IKEA CARD = £120 charges = £175 received (146%)
    MARBLES = £450 charges = £370 received (82%)
    I.F. = £494 charges = £494 received (100%)
    CAPITAL ONE = £981 charges = £1,489.03 (152%)
    BARCLAYCARD = £580 charges = £786.12 (136%)
    On Hold :mad:
    A+L = £722 charges (target = 147%)
    BARCLAYS = £1,405 charges (target = 128%)
    BARCLAYS = £175 charges (target = 140%)
    ABBEY = £3,220 charges (target = 148%)
  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    The banks have been warned that they are NOT to quote the Berwick v. Lloyds TSB case and A&L have "apologised" to claimants for doing this. Wragge, it appears, STILL CONTINUE TO DO SO! There are BBC articles re. this stating what the banks have been quoting and how they must cease to do so.

    By the way Loz ... you haven't included your daily interest rateicon5.gif
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
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