Alliance & Leicester (merged)

dj9928

seboyle20 wrote: »

Have A&L been in contact at all? would it be worth giving them a call

No well apart from the offer they made which I declinded, We'll just have to wait and see what happens

MimiJane

Someone on the CAG site has just won well over £3k from A&L ... they've yet to post details as to how far they got in the process :-

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/90011-yes-iv-received-my.html

eyeball0001

Theres hope for us yet!

Mine has been transferred to Lambeth Court - havent had the paperwork but spoke to MCOL yesterday.

On another note - i finally got my money from HSBC - took 13 days from signing the acceptance (during which i got stung for more charges from A&L cos I was skint!)

umalou

Can someone please advise me. I sent my letter dated 7th May telling Alliance & Leicester that I will take them to court if i don't have a reply within 14 days from date of letter, today i have recieved a letter back saying they are looking into the matter and will send me a response within the next 28 days. Do I start court proceedings on 21st May (14 days from date of my letter) or do i wait 28 days?

:eek:

Stephen_Leak

What you have received is just an acknowledgement, not a reply.

If you get no reply in 14 days from the date of your letter (or a "no" reply in the meantime), visit the MCOL website. You set the timescales - its your claim, not theirs!

jonoefc1

stating clause 3.4 and 24.2 of the civil procedure rules.
anyone no what these are?

Jackie_Fisher

try http://www.hrothgar.co.uk/YAWS/rules/part-03.htm#rule-3.4 for what the rules says. Basically any court is entitled to turn away what it considers to be non-starters; it can do this either because one of the parties asks it to or of its own initiative.

With the A&L I've just received an offer of to refund charges in excess of £12 but without interest - this is concurrent with a notice of intention to defend.

They conclude with the phrase "This letter is written without prejudice to any contention that the Alliance & Leicester may have for saying you do not have a reasonable cause of action against us or that you do not have a reasonable prospect of succeeding in any claim you may bring". This may be the approach they have decided on - a further procedural hurdle to put in peoples way. What A&L have to ask themselves is - considering they wont get costs in the Small Claims court should they pay for representation at court to make this application? Even a decision in their favour would not be binding on other courts that consider procedural questions so they would not win a great victory. So, if you ask yourself that question as if you were A&L you may make a reasonable assessment of whether they will turn up to make such an application or whether its is procedural smoke and mirrors.

I believe the banks are in the position that they could win a thousand little victories and be no nearer safety but a single defeat would be disaster for them. They would rather refuse battle I think.

courierman_2

MCOL claim issued on 4/5/07

I have today received a cheque in the post with the standard in full and final settlement letter for £381.50 which includes the court fee.:(

As I was claiming £1029 I thought this to be a very poor offer. In the same post was a letter from wraggs stating A & L intended to defend the claim.

I phoned their head office in disgust where I was told they see the £12.00 fee as reasonable so were offering me the difference between £12.00 & the £30.00 or so charges per transaction.

Digging out my schedule and deducting £12.00 per transaction leaves a total including the court fee of £690.

The person I spoke to said they use a 'calculator' to work out charges and only include 'paid item' charges in their calculations and not unauthorised overdraft or bounced cheque fees so the amount offered was based on paid item charges only.

Not sure what to do now, press on or take the money and run, especially after hearing of the Lloyds-TSB victory on the news today.

Simon:

sixxdog_UK

courierman wrote: »

MCOL claim issued on 4/5/07

I have today received a cheque in the post with the standard in full and final settlement letter for £381.50 which includes the court fee.:(

As I was claiming £1029 I thought this to be a very poor offer. In the same post was a letter from wraggs stating A & L intended to defend the claim.

I phoned their head office in disgust where I was told they see the £12.00 fee as reasonable so were offering me the difference between £12.00 & the £30.00 or so charges per transaction.

Digging out my schedule and deducting £12.00 per transaction leaves a total including the court fee of £690.

The person I spoke to said they use a 'calculator' to work out charges and only include 'paid item' charges in their calculations and not unauthorised overdraft or bounced cheque fees so the amount offered was based on paid item charges only.

Not sure what to do now, press on or take the money and run, especially after hearing of the Lloyds-TSB victory on the news today.

Simon:

Hi Simon,

I today spoke to the section of my local court who is dealing with my claim , and they have indicated that the District Judge at Leicester is not putting too much credence in the LLOYDS case , and may wait to see what the outcome of any appeal is.

I'm pressing on mate, but i will add that if i got a very decent offer of about £1000 out of £1580 (£1700 inc Fees) , i'd take it and run to save time and hassle.

Were in un chartered water at the moment , my advice is sit tight and see how the first A&L cases (due Next Week) Pan Out.

Kind Regards,

Sixx

sixxdog_UK

Hi All,

Who's up first?

It might be an idea for some of us to go and watch the proceedings from the public gallery to see whats what?

Any thoughts on this?

I'm in leicester any one due up in court near me soon?

Sixx