Alliance & Leicester (merged)

Stephen66

Hello,

I filed a claim against A&L in May. The problem is that each month that this carries on, A&L are charging me a £5 penalty for not depositing £500 to the account. This £5 charge then triggers two £25 unauthorised overdraft charges, so each month the amount in dispute increases by £55!

How can I amend my original claim to include the £110 incurred since then, or do I have to file a second claim?

A&L have sent a cheque to settle out of court but this is now £110 too little because of the charges in the meantime and this will no doubt increase as time goes on.

I have written to A&L but had no reply. I have tried phoning but they refuse to put me through to the legal department.

What should I do next?

Thanks,
Stephen.

MimiJane

scottjack wrote: »

Hi everyone,

I've been reading up a fair bit after receiving my defence from Wragge & Co. As far as I can make out the particulars of my claim that I sent were fine for what I'm charing but I have received this back...

Insufficient Particulars of Claim

1. It is denied that the defendant has applied charges to the Claimant's account with the Defendant as claimed and the Claimant is to put strict proof of the amount claimed, and that such amount has been unlawfully debited from the Claimant's account

2. The Claimant has failed to particularise the claim against the Defendant adeuqately or at all and the Claimant is requested to particularise each and every charge that the Claimant alleges the Defendant has added to the account, specifiying the amount charged, the date of the charge and the explanation given for the charge.

So after already sending my charges list to A+L twice, I imagine if I send Wragge them then this will cover both points?

Cheers

Providing you used the POC template on this (or the CAG) site, you should be OK.

Most of us have had to re-submit the charges schedule to Wragge (all delay tactics, but has to be done). Just do a short letter to say you're enclosing the schedule, which you've previously sent to A&L and the court (if not, do so) and you trust this now clarifies your claim.

Hope this helps

magpie1892

just off the phone to wraggs.miss buffery will look into the file and see what she can do ,has asked me to wait untill monday before i send off my bundles,fingers crossed eh,hope to have good news on monday.will update as soon as hear

eyeball0001

Wragge are now saying they will call me back after the weekend - the woman i spoke to was nice enough and told me she needed to look at my file and talk to her client etc etc.. they will be getting a call on monday

ljones60

daveybuh wrote: »

Hello LJones60 and grounded101

I have exactly the same letter at exactly the same time - August 14th 10.30am. - There must be a few of us as Ive also found a few on the CAG website.

I am claiming £1125 on behalf of my partner, what are you claiming?

I have 2 friends in the legal business and have explained what the letter entails. Ive quoted the response.

Don't worry its not a trial, it is just a short hearing where the parties (ie Kath and the bank) get a chance to say how they want the case to proceed. The judge will just give you instructions of what to do and by when - such as what evidence he wants from both parties (bank statements or overdraft agreement etc) and a date will be set for when the case will be heard fully and where. No indication will be given of what the judge thinks at this point or whose favour, its really a matter of setting a date in the diary for a full hearing and for the judge to tell you what he wants you to bring with you etc.
The bank will probably send you something shortly before the hearing detailing what orders they want the judge to make. These are basically like requests put to the judge, he doesnt have to agree to them. For now I would just wait and see what orders the bank intend to ask the judge to make. You may find that closer to the date they will make you a revised offer.


Please see http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html which gives excellent info on what should be sent to court to influence the judge to raise directions in your favour.


Sorry for the long response but Ive done a lot of research on this and wont be backing down.

Daveybuh

Daveybuh.

Thanks for this info. It has helped me to understand whats going to happen.

cheers

L Jones.

biffbiff

Court No Success Yesterday<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->
Hi, I have just got back from the court yesterday I have to go back in September cause of the banks terms and conditions ( A & L ) they will need to give a reason for all the charges ( £25, £34 etc )
the court was very nerve racking
Also i have a joint account and it was only me that was there
I will be going to see the in court advice service next Thurs,
The same day i got the Wragge & Co letter in i got a cheque in from A & L for quarter the amount for which i rejected.
It is not that easy when your in court trying to get all the letters i sent and also the letters they sent + all the charges all the lawers coming in and the judge and his wig it makes you feel like i have done something wrong so hear to another go in Sept ,this is an ongoing thing since Feburary fingers crossed.:eek: :huh: :eek: :huh: :eek:

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magpie1892

stick in there and remember YOU have done nothing wrong THEY have ,they have unlawfully took your money,stay positive,we are all with you ,my date is set for the 14th aug

loopylara

Please can someone help me!I am trying to claim £1500 back for 6 years worth of Alliance and Leicester charges. I have been brave and declined their offer of £200 and now moved onto the court stage,and started the process. Now I am scared! The A&L have replied saying this is their final offer and in their letter it says the follow:

Default Charges may apply to current accounts when items are presented for payment whilst the account is in excess of its overdraft limit and are returned unpaid and a fee is charged. We do not beleive that the term applies to other types of fees.

We beleive that all charges have been applied in accordance with the terms and conditions of your account, of which you have a copy.

It also says that the offer 'reflects the difference between the amount of charges for unpaid items actually applied to your account and the amount that would have been applied to your account if the charge had been £12 (the amount that the OFT indicated was not unreasonable.)

I am confused!!! Does this mean I don't stand a chance of getting my money back, and are they in the right? please let me know, im loosing confidence now.

Edinburghlass_2

Standard reply from A&L, I'll pop your post into the A&L thread where you'll find a great support group at the same stage as you.

MimiJane

ljones60 wrote: »

Daveybuh.

Thanks for this info. It has helped me to understand whats going to happen.

cheers

L Jones.

Might be a good thing to be aware that a few cases recently have actuallly been (surprisingly) settled at a preliminary hearing, so it's a good idea to be clued up and go prepared, just in case.