Alliance & Leicester (merged)

goose311

Yes, I have threatened them twice. My first letter from this site gave 14 days. I then received the first response claiming "our fees are reasonable and competetive", so I wrote this back:
This letter is in reference to my earlier claim for £964.50 made on 22 May 2007.
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I have not received a satisfactory response to my earlier request for charges which I believe were unlawfully applied to my account.
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Under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive.
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The £964.50 charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. As a result, I intend to claim the full amount plus interest and court fees through the county court.
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I look forward to a full response to this letter within seven working days, otherwise I will commence court proceedings.

The letter I copied earlier was the response to the above received this morning.

Thanks

MimiJane

nappy wrote: »

Hi there,
I only used general terms and conditions and used A&L terms for beginning of my statements 2001/2002, i think as long as you have some A&L t&C i dont think you need to add them all for all the years that you are claiming, only a couple, thats what i did anyway, but i also added A&L General Terms and Conditions,
What has the court asked of you, mine only asked for schedule of charges and statements, it was hard work getting it all together but a goog feeling when it all comes together, i posted mine yesterday, i have until tomorrow 21st,
Does anyoneknow how i find out if wragge have submitted anything to the court, do i just ring wragge!!
And would they have had the same timescale as myself!!
Thanks,
Nappy

Hi Nappy,

It would have stated if A&L/Wragge had to submit anything in the "directions" you had from the judge. If they did have to send anything, it would have been to both the court and you by a certain date. If you haven't received anything by this date, you should send a letter to the judge asking for judgement by default and hopefully he wouldn't give the other side any lee-way (which apparently can often happen).

If you want me to email you the letter to the judge (mine's prepared, hope it's not tempting fate!), let me know.

Hope this helps

Mimi x

MimiJane

goose311 wrote: »

Hi

I'd really appreciate some advice. I have now written two letters to A&L. The first time, the acknowledged my complaint... so I wrte back giving them 7 days. I have now had a letter (just in time) saying:

Thank-you for taking the time to contact us to highlight your conceres.

We are currently looking into the issue you have raised and will let you have our response as soon as possible.

A&L is committed to resolving complaints as fairly as possible and out leaflet explains the actions we will take.

In the mantime, if you feel the need to discuss this matter further please contact us on (standard cust svcs number).

So I'm not sure what to do now. Do I send them another letter by fax, do I wait for them to write again, or do I commence proceedings?

You've written to them once, you should now send them another letter, which is known as the LBA (letter before action); there's a template on this site ... "step-by-step instructions". It's basically threatening them with court action.

You cannot start court proceedings until 28 days after you've sent them your first letter to re-claim your charges, so be careful of your timing and have a good read of Martin's instructions so you know what you're doing.

Hope this helps.

Stephen_Leak

A judge couldn't argue with that. As you have not received an acceptable reply by your deadline, then start court proceedings on Money Claim Online.<O:p</O:p

dj9928

MimiJane wrote: »

Good luck and report back tomorrow

Right I phoned the court today, It was the listing officer I spoke to, I ask about submitting papers on time she said no doesn't matter, I asked did I even need to submit a court bundle, she said no. I then asked have you heard anything from A+L's solicitor, she said yes we got a letter saying they will be attending court on 29th June.

So I'm wondering is it standard practice for solicitors to send these letters to the court if they don't plan to attend?

MimiJane

dj9928 wrote: »

Right I phoned the court today, It was the listing officer I spoke to, I ask about submitting papers on time she said no doesn't matter, I asked did I even need to submit a court bundle, she said no. I then asked have you heard anything from A+L's solicitor, she said yes we got a letter saying they will be attending court on 29th June.

So I'm wondering is it standard practice for solicitors to send these letters to the court if they don't plan to attend?

I would have thought they could say what they want ... being truthful is something they're renowned for, but I'd be as well prepared as you can be as it obviously might go ahead and you won't know 'til probably the last minute.

dj9928

MimiJane wrote: »

I would have thought they could say what they want ... being truthful is something they're renowned for, but I'd be as well prepared as you can be as it obviously might go ahead and you won't know 'til probably the last minute.

Well this tells me that the judge isn't taking into consideration my court bundle or the standard wragge defence, so I think its going to be totally down to the judge, if she fancies a bit of publicity she'll go in the banks favour.

nappy

MimiJane wrote: »

Hi Nappy,

It would have stated if A&L/Wragge had to submit anything in the "directions" you had from the judge. If they did have to send anything, it would have been to both the court and you by a certain date. If you haven't received anything by this date, you should send a letter to the judge asking for judgement by default and hopefully he wouldn't give the other side any lee-way (which apparently can often happen).

If you want me to email you the letter to the judge (mine's prepared, hope it's not tempting fate!), let me know.

Hope this helps

Mimi x

It said nothing in my letter about wragge sending anything to me or the court, the letter never mentioned wragge, so am presuming that they have to send nothing in, is this right, even if it does get as far as the court room, if it did go as far as court, would i not need to know what wragge have done or is it just their defence that goes to court which i already have,
nappy x

MimiJane

dj9928 wrote: »

Well this tells me that the judge isn't taking into consideration my court bundle or the standard wragge defence, so I think its going to be totally down to the judge, if she fancies a bit of publicity she'll go in the banks favour.

Try not to be so negative DJ There are only a couple of judges that I know of who've gone against the grain and gone in favour of the banks (out of how many thousands). Sure, she may just want to make a name for herself, but it won't do her reputatation any favours in the long run and would hardly give her credibility. Highly unlikely in my book ...

MimiJane

nappy wrote: »

It said nothing in my letter about wragge sending anything to me or the court, the letter never mentioned wragge, so am presuming that they have to send nothing in, is this right, even if it does get as far as the court room, if it did go as far as court, would i not need to know what wragge have done or is it just their defence that goes to court which i already have,
nappy x

You'd know if they'd been asked to send anything in Nappy. Not known this before (directions keep changing as time goes on), so can't really advise. I agree, would have thought just their defence is taken into consideration. Hopefully the judge has already made up his mind in your favour ... very probable as they must all be getting totally up with bank charge claims.