Alliance & Leicester (merged)

plasticgirl

hi there i have taken alliance and leicester to court through small claims online. they owe me £2,711 just before i received the ackowledgement of service with their intention to defend they made me an offer of £925!

I have decided im not happy with this and what to try and get all of my money back or at least a better offer on £925. I rang them this morning to let them know of my intentions they were really rude and basically tried to scare me saying they were going to defend the claim etc.

Im scared im going to loose- do i take the £925?

i have follwed all of martins tips, used his templates so i know i have done everything properly .

Any advice is much appreciated

Edinburghlass_2

A&L are defending all claims it seems, I'll pop your post into the A&L thread where you'll find a great support group and help from other A&L customers.

MimiJane

plasticgirl wrote: »

hi there i have taken alliance and leicester to court through small claims online. they owe me £2,711 just before i received the ackowledgement of service with their intention to defend they made me an offer of £925!

I have decided im not happy with this and what to try and get all of my money back or at least a better offer on £925. I rang them this morning to let them know of my intentions they were really rude and basically tried to scare me saying they were going to defend the claim etc.

Im scared im going to loose- do i take the £925?

i have follwed all of martins tips, used his templates so i know i have done everything properly .

Any advice is much appreciated

I'd send a rejection letter and carry on with your claim. You'll get lots of advice on here ... there are many of us at "court bundle" stage and preparing to go to court, though it's unlikely it will get to that stage.

As Edinburghlass says, Alliance & Leicester seem to be "worst of the worst" for taking it to the limit and most people have found them to be rude and arrogant along the way. Just bear in mind that you are right and they are wrong ... they're the ones having to defend their extortionate and reasonable charges and the fact is, they can't:rolleyes:

Totally up to you whether or not you carry on but you should, at the end of the day get ALL your money back ... don't let them intimidate you into backing down, this is what they hoping for. Yes, there will be some work to do if you carry on, but you will get lots of help along the way and think of the reward at the end

Richhulett

After requesting my unfair charges back A&L have replied stating that because I have I Current Account the charges are acceptable and they will not be repaying them, they did however say that if it was a credit card they would investigate the situation (which is handy because I also have an A&L CCard account so I'll be contacting them regarding that next).But is it true that a current account is different from a normal bank account can someone PLEASE HELP?

mo1_2

no its not true,you can still claim them back

SandyC_3

Wragge sent me a 'copy of our clients defence'....
under the heading Charges, point no 20 it states and I quote
'However, without prejudice to the above, the defendant will refund and/or has refunded the claimants account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item'

Point 19.3 relates to the terms not being unreasonable in relation to the banking services in question. ( their words not mine!)

I realise that they are still not able to do this but my question is:

How can they submit a defence containing the phrase 'without prejudice' if anything containing that phrase cannot be presented in court and only referred to?

I have learnt so much through doing all this but am a little confused by this one item.

BIG thanks to everyone here...you are all keeping me going

dj9928

I'm just curious, do A+L actually show up in court? Theres a few of us due in court very shortly so am just wondering

SandyC_3

dj9928 wrote: »

I'm just curious, do A+L actually show up in court? Theres a few of us due in court very shortly so am just wondering

I havent heard of them appearing in court so far but that is only from reading everything possible on here.....will still need to be prepared tho I think..... the banks seem hellbent on trying everything they possibly can to scare people off.

paul_d_8

SandyC wrote: »

Wragge sent me a 'copy of our clients defence'....
under the heading Charges, point no 20 it states and I quote
'However, without prejudice to the above, the defendant will refund and/or has refunded the claimants account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item'

Point 19.3 relates to the terms not being unreasonable in relation to the banking services in question. ( their words not mine!)

I realise that they are still not able to do this but my question is:

How can they submit a defence containing the phrase 'without prejudice' if anything containing that phrase cannot be presented in court and only referred to?

I have learnt so much through doing all this but am a little confused by this one item.

BIG thanks to everyone here...you are all keeping me going

Too right .... I dont believe they have been allowed to present that in their defence ... My reading of it is; If it says WITHOUT PREDUJICE then they cannot present it. They really are having their cake and eating it. I would do the same now ... offer a slight decrease in your claim (WITHOUT PREDUJICE) of course, then write a few notes in your court bundle papers of what you did to try and negotiate (don't include the actual letter as this is not allowed)

Mimi ... am I right in thinking that this is just not right what the solicitors have done?

Keep up the good work everyone ... not long now .... Im so up for the court case!!

SandyC_3

paul_d wrote: »

Too right .... I dont believe they have been allowed to present that in their defence ... My reading of it is; If it says WITHOUT PREDUJICE then they cannot present it. They really are having their cake and eating it. I would do the same now ... offer a slight decrease in your claim (WITHOUT PREDUJICE) of course, then write a few notes in your court bundle papers of what you did to try and negotiate (don't include the actual letter as this is not allowed)

Mimi ... am I right in thinking that this is just not right what the solicitors have done?

Keep up the good work everyone ... not long now .... Im so up for the court case!!

So should I now be asking for a copy of their defence as submitted to the court? Or should I just play it along and see if they have actually included that phrase in their defence and if it differs to the copy I was sent, it would surely show their incompetence?