Alliance & Leicester (merged)

Becks_in_Debt · 21 May 2007 at 11:36AM

MandyMS wrote: »

Have just been looking through the success stories, there have not been many from A&L over the last few days, what are they playing at?Are they waiting for a judgement by the OFT or are they just waiting for us all to give up?Any ideas anyone, please post successes if you have them, it would be reassuring to folk awaiting court.

A & L havent replied to my letter threatening to take them to court (second account) the 7 days expired last thurs and i have heard nothing. I think they have gone quiet as well. I think they are trying there luck .

Becks_in_Debt · 21 May 2007 at 11:42AM

arkwright2 wrote: »

:j Thought I would share my joy with you that I received a letter from Liverpool County Court saying A&L Commercial Bank have paid the sum due to me - the full claim of £3134.64 (£2307 bank charges, £652.64 interest, £175 court fees). Under the Insolvency Act 1986, the court has to keep the money for 14 days, but I don't think anything can go wrong now, can it? (Apart from A&L writing to say they don't want me as a customer anymore, which I shall dispute if it comes to that).

I'm rather fortunate that my case slipped through their nets and they filed their intention to defend a day too late I'm not sure if using A&L's Bootle address helped in delaying their legal team, which I think is in Leicester, getting enough time to put in their defence, but it may have been a factor.

Good luck to all you who haven't had it as straightforward as me.

Congratulations . . . :T :T :T

Becks_in_Debt · 21 May 2007 at 1:40PM

Particulars of claim

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX) (I am assuming this is date that I opened the account, it was over 6 years ago and can not remember the actual date, what shall I do?) . Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx (is this £699.04 {my charges} x .00022) ; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ (amount of interest only) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

I have started to fill in my form on MCOL today and just got a few questions.

help needed with the bits in green,

Thank you, and hope you are all doing well.

MimiJane · 21 May 2007 at 2:29PM

Becks_in_Debt wrote: »

Particulars of claim

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX) (I am assuming this is date that I opened the account, it was over 6 years ago and can not remember the actual date, what shall I do?) . Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx (is this £699.04 {my charges} x .00022) ; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ (amount of interest only) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

I have started to fill in my form on MCOL today and just got a few questions.
help needed with the bits in green,

Thank you, and hope you are all doing well.

Hi Becks, I'll try and help :-

It's not vital you put the date in that the account was opened (they can find this out easily enough). I just put the period in that I was claiming for (as many others have) to read as follows :-

"The Claimant has an account (acc.no.) with the Defendant. Between the dates of ...... and ....., the Defendant debited charges and interest, etc., etc."

The daily interest rate is worked out by taking your charge amount (not including any interest) and x by 0.00022.

Hope this helps and let me know if you have any other queries.

Becks_in_Debt · 21 May 2007 at 2:47PM

That's great thank you MimiJane, it's not that scarey filling in the forms, i thought i was going to have loads to do, i assume the longer it goes on the more i get, during the claim do we need to giv MCOL a list of chages and dates and maybe even a description of what the charge was for?
I have been doings some further investigating on the web site today about the courts etc and dont feel that bad anymore about starting court proceedings.

DaisyMae · 21 May 2007 at 3:02PM

I've stupidly been with the A&L now for 11 years now! i've had numerous bank charges made against me over the years possibly up to £1000's. Recently i got charged £25 for going £2 over drawn, so i rung them up only to be told if I didn't put some money in my account I would be charged aother £25. The woman was very unhelpful even though i've been a loyal customer now for 11 years. The worst thing is I've applied for an overdraft and they won't give me one! this is just one of many millions of things this bank has done to me and now its pushed me over the edge! where do I start to claim my money back? (already registred to open an account with HSBC):o

magpie1892 · 21 May 2007 at 3:39PM

I HAVE JUST GOT A DEFENCE PAPER FROM WRAGG&CO SOLICITORS SAYING THEY ARE TO DEFEND FOR A + L. ITS DATED 11TH MAY 2007,IS THIS ANYTHING TO WORRY ABOUT OR DOES SEEM STANDARD PRACTICE TO SCARE ME ANY HELP OR ADVICE WOULD BE GREAT THANKS

madjj111 · 21 May 2007 at 3:51PM

Dasiymae -

look at the advice martin has given to reclaim your bank charges, the first template is used to request a list of the cahrges over the past six years when you get this the second template is a request to recalim the charges (including interest if you wish), the third one telss them if they dont pay you'll bring them to court and if still no joy - then bring them to court.

this will all take a while before being sorted so GL

MimiJane · 21 May 2007 at 3:52PM

Becks_in_Debt wrote: »

That's great thank you MimiJane, it's not that scarey filling in the forms, i thought i was going to have loads to do, i assume the longer it goes on the more i get, during the claim do we need to giv MCOL a list of chages and dates and maybe even a description of what the charge was for?
I have been doings some further investigating on the web site today about the courts etc and dont feel that bad anymore about starting court proceedings.

I didn't include interest charges within my original schedule, but added them on later. I did include a detailed list of the actual charges from the beginning and, must admit, this has been very useful, so it's worth doing as the solicitors, court, etc. will need this (with interest added).

I'd produce a full and detailed schedule, including interest, then ring the court (as I did) and email it to them.

It's then ready to submit to the solicitors at a later date (though hope you don't need to:rolleyes:).

Stephen_Leak · 21 May 2007 at 4:23PM

Standard practice. The banks do have the same right as anyone to defend a claim against them.

However, is it just the notice of intention to defend, or the actual defence itself?

In any event, you do now need to start thinking about your "court bundle". At this stage, it just needs to be 3 copies (courts seem to thrive on paper!) of your statement of charges, every letter you've sent the bank, and every letter they've sent you.

There are also some more legal documents you might need, but these are more specific to the actual defence filed.

Alliance & Leicester (merged)

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