Alliance & Leicester (merged)

MimiJane

Amethyst30 wrote: »

I find the tone of your message more offensive than anyone writting in capitals!!! Can we please remember that we are here to support each other not chastise people. Everyone is in the same boat and if others can benefit from the expertise and wisdom of those who cases are in advance of others then all the better. Its called learning from our mistakes or if you like business jargon "lessons learned"!!! We should have solidarity in numbers against a corporate entity that clearly has no respect for its customers. At the very least we should show respect for each other, or else we're in danger of becoming hypocrites!!!

Agreed. Can I just add that, on the whole, everyone is being encouraged to start court proceedings if the bank don't pay up earlier on. Many are starting this having no idea of what's involved and being told ... not to worry, it won't get that far. Yes, it has to be taken seriously, but there is an awful lot involved and I don't think folks can be blamed for not being aware of this at the onset.

More people now seem to be getting to the court stage ... it is frightening, there is a lot involved and we do need support:rolleyes:

mossyxr2

hi,
i recived my court date, but not sure what everything means on the letter, can any body explain the letter more easily for me and also whats the next step, what is the cag site and where is it? many thanks

Kurt_Hamster

Amethyst30 wrote: »

I find the tone of your message more offensive than anyone writting in capitals!!! Can we please remember that we are here to support each other not chastise people. Everyone is in the same boat and if others can benefit from the expertise and wisdom of those who cases are in advance of others then all the better. Its called learning from our mistakes or if you like business jargon "lessons learned"!!! We should have solidarity in numbers against a corporate entity that clearly has no respect for its customers. At the very least we should show respect for each other, or else we're in danger of becoming hypocrites!!!

I call a spade a spade, if someone has done something silly or stupid then I say so. I don't do it to chastise them, I do it because that is what they've done. If the point hits home hard enough then perhaps they won't do it again.

Correct me if what I say is wrong, the way I say it is up to me.

colinb12

I will summarise as to what is happening but I do need some advice and assurance from someone who has done this as I am now really really worried.

I requested my six years statements as a DPA request which I got no problem.
Totalled up my charges which were £661.50 not including interest, £831.39 with.

Went through all the usual letters etc and got a partial offer of £85.50 (thanks) which I sent back with the rejection letter template.

Today I have received the following:-

It says:-

The papers in this claim were considered by District Jude A A Butler
who allocated the claim to small claims track to be heard at 165
Station Burton upon Trent Staffordshire on Wednesday the 1st of August
2007 at 2pm

1) The following directions apply to this claim:

2) The claimant shall within 21 days of service of this order send to the defendant and to the court:-

a) a schedule (unless already filed and served) setting out each charge
repayment of which is sought, showing the account number, date, amount
and reason (if any) for that charge being made;

b) A statement of evidence, if such is to be relied upon, in support of
the claim and copies of any relevant documents together with copies of
any decided cases and other legal materials to be relied upon.

If the claimant fails to comply with this order the claim will be struck out without further order.

3) The defendant shall within 21 days thereafter file and serve a
response to the claimants schedule stating in respect of each item
claimed:

a) Pursuant to what contractual provision such charge was made, producing a a copy of the contractual document relied upon

b) whether such charge is accepted to be a penalty and if not, why not;

c) If such charge is alleged to be a pre-estimate of the defendants
loss incurred by the claimants actions (whether or not such action is
to be treated as a breach of the contract between the parties) all
facts and matters to be relied upon as showing that such is a proper
estimate of such loss and all evidence was to be adduced at trial as to
what the true cost of dealing with the matter was.

d) Any witness statements

e) Copies of decided cases and other legal materials to be relied upon.

If the defendant fails to comply with this order, the defence will be struck out without further order

4) The original documents shall be bought to the hearing.

5) The must be informed immediately if the case is settled by agreement before the hearing date.

What I am stuck on is this:-

"b) A statement of evidence, if such is to be relied upon, in support of
the claim and copies of any relevant documents together with copies of
any decided cases and other legal materials to be relied upon."

I could really do with an example of what other people did etc and what they included.. I would be so so greatful....

Kurt_Hamster

Basically what you need is the "court bundle".

There is a court bundle template available for download from the CAG site.

jdallen3110

hi all i am on day 15 today with a+l after sending in the letter saying they had 14 days to pay what they owe or i start court action. i called them yesterday to see if there was anything on my records of what they are doing about it and the nice lady said
"that we should have got a letter saying they are looking into it and will get back to us asap"
to which i told her yes we got that letter but also the 14 days i gave them to repay me is uptoday to which she said that i takes 56...yes thats right 56 days for a+l to look into it. so i said thank you for your info and hung up.
well.....i wish to now start court action on mcol and would be greatful if any of you out there could guide me through it if i get stuck.
straight away i am
what is a+l address details

jdallen3110

Does or will your claim include any issues under the Human Rights Act 1998?

Nadirish

Hi Mimijane, i just called up my local court and they said that there is a back log waiting for court dates, then she said it also depends on what it's for, so she saw mine was for bank charges and said you will have a date in August................do you think that there is something planned for August?? xx

Kurt_Hamster

jdallen3110 wrote: »

Does or will your claim include any issues under the Human Rights Act 1998?

No it doesn't but if you have to ask then you haven't read this thread...

http://forums.moneysavingexpert.com/showthread.html?t=400981

Kurt_Hamster

Nadirish wrote: »

Hi Mimijane, i just called up my local court and they said that there is a back log waiting for court dates, then she said it also depends on what it's for, so she saw mine was for bank charges and said you will have a date in August................do you think that there is something planned for August?? xx

Probably a block booking as they know there's not much chance of the bank showing up.