Alliance & Leicester (merged)

MimiJane

Robclinton1 wrote: »

Mimi

I didn't realise that you couldn't put WITHOUT PREDUJICE letters in the court bundle. How do you go about letting the judge know about the shameful offers that the A&L have made us?

Is it better to omit their letter and our reply completely?

And also, what is the point of a final negotiation letter with A&L i.e. I will accept all charges less £2.50 a charge which I consider a reasonable charge, if I cant then put it in my bundle to show the court that I have made a genuine effort to negotiate?

Apart from a few loose ends, I'm ready with my court papers. For people who are dreading this stage, court bundles etc, don't worry, it took me 3 hours and actually focuses your mind on what has occurred so far. It also sorted my paperwork from a pile of scattered sheets into 3 perfectly filed erm er, yeah bundles .... kinda like spring cleaning for girlies methinks!! Oh no I'm in trouble now!

Don't worry Claire, there will be enough of us past court stage to advise you before you get there.

Also ENJOY IT, it's a life experience, and can only add to your knowledge. I for one am not scared by the whole solicitors letter malarky!

Advice of Robclinton1 is given on an informal basis. If in doubt consult a qualified, insured professional

Hi Rob,

I wasn't aware of this either 'til I read it on here (or could have been the CAG site?), so I'm as much in the dark as you really. I seem to remember you can make the judge aware of the letters, but not include them. Found the following on the internet :

"Communication marked "without prejudice" cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court".

Phew ... what a learning curve this is all turning out to be:rolleyes:.

bobbydrake50

Hi All,

I've had the offer cheque back (about a third of what I've asked for), is it best to send this back or to bank it and if I bank it has anyone got a standard letter i can copy to send to A&L and/or Wragge?

albionmatt

bobbydrake50 wrote: »

Hi All,

I've had the offer cheque back (about a third of what I've asked for), is it best to send this back or to bank it and if I bank it has anyone got a standard letter i can copy to send to A&L and/or Wragge?

Iam doing the same as we speak

just using this that someone posted on page 34 of this thread send to both Wragge and A&L

Wragge & Co LLP
55, Colmore Row
Birmingham
B3 2AS

Alliance & Leicester (Bootle)
Alliance & Leicester (Carlton Park, Leicester)

RE:******** vs. Alliance & Leicester PLC Case Number: Clamim No: ******

Without Prejudice

Dear Sir,

With reference to Alliance & Leicester letter dated 21st May 2007.


(1) I repeat my offer of settlement set out in my letter dated 30th April 2007 the offer still remains at £1700 for full and final settlement and remains open for a further 7 days from the date of this letter. When it shall be considered that the bank has no desire to settle out of court and the case shall proceed. I would also like to add, that this figure will increase with interest each day until the day of judgement by the court, should your client wish to proceed down this path.

(2) I acknowledge the banks desire to keep my account open and their assurance that no account closure is planned. I trust this shall remain the case as this matter proceeds through the courts.

(3) If the bank again reject my out of court offer and do not refund the amount of £1700 to me , I shall consider this to be confirmation that the bank wish for this matter to be heard by a judge and that they are willing to disclose their cost structures accordingly for the courts consideration.

(4) Furthermore if the bank as indicated in section (3) of this letter confirm their wish to proceed to trial of this matter I shall consider this to be and end to any negotiation between the bank and myself and will proceed with the case against your client with a view to a full hearing with complete and concise disclosure, and with a view that a judge make a final decision in this case.

(5) If the bank does not refund the amount of £1700 in the next 7 days, I reserve the right to end correspondence with you of a negotiatory nature and to proceed with the legal action forthwith.

This offer above is made without any prejudice and/or admission of liability that may or may not preclude or inhibit evidence that may later be used in court.

Sincerely,

Account Holder.

MimiJane

By the way Rob, how come your bundle only took a few hours to put together? Mine's taken days and I'm a secretary! (Mind you, I have had loads of problems with my printer along the way:rolleyes:)

asterisk_2

Hi
Sorry to ask this stupid question - the answer is probably on one of the threads but I can't seem to find it. I sent my LBA to Alliance and Leicester on20th May and received a letter on 28th May saying their previous offer of £147 (claiming nearly £500) is final offer. Can I proceed to filing with MCOL now or do I still have to wait until 14 days are up? Also is 14 working days or 14 calendar days and when does it run from - me posting the letter or them deemed to receive it?
Thank you

MimiJane

asterisk wrote: »

Hi
Sorry to ask this stupid question - the answer is probably on one of the threads but I can't seem to find it. I sent my LBA to Alliance and Leicester on20th May and received a letter on 28th May saying their previous offer of £147 (claiming nearly £500) is final offer. Can I proceed to filing with MCOL now or do I still have to wait until 14 days are up? Also is 14 working days or 14 calendar days and when does it run from - me posting the letter or them deemed to receive it?
Thank you

From memory, you have to leave it 28 days from when you send your first letter requesting a refund of your charges before you can proceed to MCOL. You should give them 14 days to reply to this letter and another 14 to reply to the LBA (someone correct me if I'm wrong). It's definitely calendar days.

redfacedgirl

Can anyone help?
About 2 years ago, just before Christmas, I bought a gift for my son online from Woolworths using my A&L card. Thinking the payment had gone through immediately, a few days later I needed some cash and after checking my balance I withdrew some cash.
The day before Christmas Eve, I received a letter from Alliance & Leicester, saying I was overdrawn. It turned out that the Woolworths payment had not gone out until NINE days after the purchase on the same day as I withdrew the cash. Although the cashpoint had said I had the money in my account it did not show that the Woolworths payment would be going out that same day and I was allowed to take out the cash without any warnings that I may go overdrawn.
The A&L charged me £25 for initially going overdrawn and 2 further payments of £25 for the days I was overdrawn, even though I was not informed by letter until after these charges had been made.
I phoned the A&L and complained that this had occured through no fault of my own. They agreed that 9 days was a long time for the payment to be taken from my account and as a good will gesture would refund me £25.
On the day I received the letter informing me that I was overdrawn, I then paid in £50 to my account to cover the remaining charges. I was not happy with this but as it was now Christmas was unable to challenge them any further at the time.
By paying the £50 into my account to clear the charges, was I accepting the goodwill payment? I was unaware at the time that I could have taken it further, so can I now claim the remaining £50?
I know £50 is not much, but as I am now on benefits (I am recently self-employed and have no income as yet), this money would come in very handy!
Can anyone help?

Robclinton1

Hi All

It seems that anyone nearing court will need to include A&Ls terms and conditions in their court bundle. These (and other banks's T&Cs) can be found at:

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/90733-l-terms-conditions.html

Good luck

opinions of this post are informal in nature

eyeball0001

Cheers rob,

I've got my Ts&Cs from my recent upgrade to premiere current account - before i started proceedings - last year.

Its interesting how the charges are listed under a title (along the lines of) 'charges' and stated as 'charge' on our statements, but in their defence they state that they are titled 'fee'....

MimiJane

Robclinton1 wrote: »

Hi All

It seems that anyone nearing court will need to include A&Ls terms and conditions in their court bundle. These (and other banks's T&Cs) can be found at:

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/90733-l-terms-conditions.html

Good luck

opinions of this post are informal in nature

Although I have the current ones, I have not got them from the year 2000 and they don't appear to be on line anywhere either. Tried various "archive" sites, but they're unavailable, so I'm including the "charges and fees" for that year instead which someone on the CAG has helped me with.