Alliance & Leicester (merged)

nappy

Hi, Is This The Stage Im At Aswell, Im Just Waiting For My Court Date, Is There Anything That I Should Be Doing With The Defence Papers, Am Claiming £2500 And Court Costs, Please Keep Me Posted, Thanks Michelle

MimiJane

Most of the Defence papers seem to the same ... do you have a clause (normally clause 10) saying you haven't particularised the claim? If you do, most of use have sent a brief letter back to the solicitor enclosing the spreadsheet of charges and stating that this has already been sent to the bank and the court (if it hasn't, post if now) ... make sure it contains the 8% interest if you included this in your MCOL claim.

Then, sit back and wait for a court date, at which stage we'll know whether or not we have to complete an Allocation Questionnaire. Though I gather these are being dispensed with, one may be requested by your local court at a later date. No problem if you do have to complete one, there's a template somewhere on here, but an extra fee of £100 is required at this stage.

MimiJane

pinkysmum wrote: »

hi there, haven't looked on here for a while. i submitted our claim with mcol on 30th april, had ltr off them confirming on 2nd may, and the next day ltr off a&l with copied print out from the mcol site titled acknowledgement of service. what exactly does this mean?? haven't had anything yet from this wragge & co solicitors, or is it too early yet?? also, i'm a bit worried if they close (or threaten to) our account - we are pretty much permanently in our £1200 o/draft, how the hell are we supposed to clear that if they close our account?!?!?!?!? our mortgage is with them and has only been for just over 12 mths, so i'm hoping they won't go down that line...

This just means they're acknowledging your claim. The next paperwork you'll get from them is the solicitor's intention to defend, then their actual defence follows shortly after this (if it gets that far). Don't know what happens about your OD if they close the account, but they can't touch your mortgage ... that's a completely different issue.

Russjo

pippamerlin wrote: »

hi ppl

i have searched this thread but went a little cross-eyed !
i need the address to send a claim in for A&L
please can anyone help ?

many thanks


HSBC - claimed £1440.00
- received £1323.09

:beer: :T



' one life - live it ! '

Not sure if you've already found the address, but I sent mine to Bootle, Merseyside, G1R 0AA

sixxdog_UK

Kurt_Hamster wrote: »

If you cash it then you are deemed to have accepted it.

Really you have two choices. You can either send it back to them (after having made a photocopy) with a polite letter telling them where to shove it (I'd recommend keeping biological terms to a minimum).

Or you can keep it and use it as a possible defence, i.e. if the bank truly thought the charges were fair and lawful then why would they refund any of it, goodwill or otherwise?

Hi,

The other option is cash it, send them a letter saying thank you for this part payment, you DO NOT accept this as FULL AND FINAL settlement and you will pursue the court action for the outstanding amount.

This is the advice handed down to me from the clerk at notts court (money claim on-line)

BUT MAKE SURE YOU TELL THEM it's NOT full and final settlement.

all the best ,

sixxdog.

Robclinton1

MimiJane wrote: »

Most of the Defence papers seem to the same ... do you have a clause (normally clause 10) saying you haven't particularised the claim? If you do, most of use have sent a brief letter back to the solicitor enclosing the spreadsheet of charges and stating that this has already been sent to the bank and the court (if it hasn't, post if now) ... make sure it contains the 8% interest if you included this in your MCOL claim.

Then, sit back and wait for a court date, at which stage we'll know whether or not we have to complete an Allocation Questionnaire. Though I gather these are being dispensed with, one may be requested by your local court at a later date. No problem if you do have to complete one, there's a template somewhere on here, but an extra fee of £100 is required at this stage.

Didn't think of sending the particularised claim to the court Mimi, as you know I've already sent it to A&L and Wragge, is it really necessary?

A possible next step for all of us at this stage (A&L entered defence -not just acknowledgement- and awaiting a court date) is to write to the defendants with an offer very, very close to the amount claimed showing that you are willing to compromise to try and keep the proceedings out of court. Thus in the event of going to court, this would be in your favour. Your letter should state that you are mindful that the court is extremely busy at this time, and you have tried to settle out of court.

Just a thought, and thanks to CAG site for that tip. The point is (without predujice - if the banks are reading this) I'm sure most claimants would be prepared to bargain a little if the defendants were equally prepared. The derisory offers we have read about in the last 2 weeks could be seen as the defendant trying to negotaite out of court.

Message for Nappy .... keep strong!!! ..... Its dead easy, the law is on your side, keep your paperwork correct and ask here if any queries, and don't worry about court, it's not like you see on television, in fact its far removed.

Good luck everyone, and remember, they're probably watching this forum. If we can find it so can they!!

One last thing ..... The banks seem to work on the idea that many claimants give up through fear and the amount of work involved. However for some of us this is like a mini hobby, its more fun than Corro and cheaper than the zoo!! - In fact it could be seen as a money saving scheme in itself!

ENJOY!!:rotfl:

MimiJane

Apparently, not surprisingly, the banks DO read the forums! I wasn't sure whether or not to send my schedule to the court, knowing that, if an AQ needs to be completed, they'll get it anyway. However, I've read of many people doing this beforehand, so rang them up and they asked me to email it. Best to cover your back I think and cover every avenue.

Yep, "nudge" letter to the bank all ready to go as soon as I hear from the court.

pennypinching77

So let me get this straight. Those of us that have received a part payment cheque with a defend the claim letter from A+A's solicitors, should just send a letter back stating we are accepting the part payment but still pursuing the full cost? then sit back and mcol will automatically send a court date??
Or do we still complete an Allocation Questionaire in the meantime?
Spent most of yesterday reading this and bits of CAG site but confused as to order of process and who to put in the expert section of the Allocation Questionaire

MimiJane

pennypinching77 wrote: »

So let me get this straight. Those of us that have received a part payment cheque with a defend the claim letter from A+A's solicitors, should just send a letter back stating we are accepting the part payment but still pursuing the full cost? then sit back and mcol will automatically send a court date??
Or do we still complete an Allocation Questionaire in the meantime?
Spent most of yesterday reading this and bits of CAG site but confused as to order of process and who to put in the expert section of the Allocation Questionaire

See this link from the CAG website ... they recommend that, if you receive a partial offer AFTER commencing court proceedings, you send the cheque back with a letter advising them you'll settle for nothing but the full amount.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

If you're not intending to produce an "expert" witness at the hearing (you shouldn't need one), then just put "no" on the form.

nappy

MimiJane wrote: »

Most of the Defence papers seem to the same ... do you have a clause (normally clause 10) saying you haven't particularised the claim? If you do, most of use have sent a brief letter back to the solicitor enclosing the spreadsheet of charges and stating that this has already been sent to the bank and the court (if it hasn't, post if now) ... make sure it contains the 8% interest if you included this in your MCOL claim.

Then, sit back and wait for a court date, at which stage we'll know whether or not we have to complete an Allocation Questionnaire. Though I gather these are being dispensed with, one may be requested by your local court at a later date. No problem if you do have to complete one, there's a template somewhere on here, but an extra fee of £100 is required at this stage.

THANKS FOR THAT I WAS READING THAT CLAUSE LAST NIGHT, I HAVENT DONE THAT YET, WILL DO THAT AND POST IT TOMORROW, THANKS AGAIN