Alliance & Leicester (merged)

MimiJane

umalou wrote: »

I am now getting quite worried. Alliance & Leicester have until this coming Wednesday, 23 May to give me an answer or I have to start court proceedings. I have registered my personal details on MCOL but I haven't a clue what I have to do next!!! I keep reading about people gathering all their paperwork together, what is this???? is it bank statements and the letters that I have sent and received? Can anyone tell me what I actually have to do please?

Presume you're talking about the court bundle. You don't need to be concerned with this yet ... basically a bundle of your statements, charges list, all correspondence, law cases, OFT report and other legal papers. This is likely to be asked for by the court when you have a hearing date ... a long way off yet (if it gets that far).

When you start court proceedings, A&L have to acknowledge within 14 days (+ five days to serve the claim) and then defend if they choose to within another 14 days. If they do not, you should get judgement in your favour and win by default.

Don't get too ahead of yourself ... you'll get help on here as there are a lot of us way ahead of you

Lou1975_2

Hi all.
Just wanted to know if anyone has any advice for me because all these stories are confusing me.

I sent the standard letters to A & L giving all the suggested time limits. They sent all the usual responses that it seems everyone has had on here.

I read somewhere on here that FINAL LETTER BEFORE ACTION was a good idea, so I did stating if they didn't respond by Fri 11th May, I would file in the courts. I then got a letter offering me £1788, when I'd actually requested £6,705 including interest so they got a swift 'no thanks'.

I went to my local court, Leicester County Court on Fri and filled out all the necessary paperwork (N1) but I don't know what happens now???

I had to complete the N1 three times and the chappie took all three copies saying that one would be sent to me, but it seems from reading the bumffff that comes with all the court papers, that I should have had a copy.

I'm not sure what I'm supposed to do now?

Anyone here give me an insight please??
:

yellowkatdj

Well I banked my cheque for £329 and wrote to A&L stating that I was accepting it as a down payment. I also pointed out that I have received a letter from their sols saying they are going to defend ALL of my claim.
Well today I've had my case transferred to my local court and am waiting for a date for the hearing. I have also received A&Ls defence and I will admit I didn't really understand all the jargon but reading that alot of you have received the same defence (word for word) I feel a little bit more hopeful.
I am really nervous now but determined to fight on.

MimiJane

Lou1975 wrote: »

Hi all.
Just wanted to know if anyone has any advice for me because all these stories are confusing me.

I sent the standard letters to A & L giving all the suggested time limits. They sent all the usual responses that it seems everyone has had on here.

I read somewhere on here that FINAL LETTER BEFORE ACTION was a good idea, so I did stating if they didn't respond by Fri 11th May, I would file in the courts. I then got a letter offering me £1788, when I'd actually requested £6,705 including interest so they got a swift 'no thanks'.

I went to my local court, Leicester County Court on Fri and filled out all the necessary paperwork (N1) but I don't know what happens now???

I had to complete the N1 three times and the chappie took all three copies saying that one would be sent to me, but it seems from reading the bumffff that comes with all the court papers, that I should have had a copy.

I'm not sure what I'm supposed to do now?

Anyone here give me an insight please??
:

I think most people on here have filed their court proceedings on line rather than going to the court to do it, so can't be much help I'm afraid. The Consumer Group website are very clued up, so suggest you post on there ... I'm sure they'll be able to help you, unless someone on here can jump in?

eyeball0001

MimiJane wrote: »

Hi there,

Do your POC tie in with your schedule of charges, i.e. do all the figures match? Have you sent Wragge your schedule of charges? If yes to both points, haven't a clue what they're talking about and can only think they're trying to confuse/frighten you and tie you up in knots:rolleyes:

I'd go onto the CAG forum eyeball and ask their advice if I were you.

Keep us posted.

x

I sent them an updated list of charges which did differ slightly to the original schedule that i sent to A&L weeks ago to start to process, but the only difference was the formatting and the addition of the 'days since charge' and 'interest'. I even made sure that i rolled the spreadsheet back to the date of filing the charge so that the total didnt differ to what i claimed online with MCOL...

I'm slightly confused... I still haven't sent the court the POC cos i was waiting for it to be transferred, so i'll do that today.

MimiJane

Strange eyeball ... confused myself Why haven't the court got the POC by the way, weren't these submitted originally online, or did you do it through court, in which case I'm not sure of the process.

Most probably they're trying to get you worried I would have thought. Few options here : ignore it (as I can't see you've done anything wrong); write to them asking them to clarify why you should be changing the POC; ring the court (though they may not be able to comment); post on the CAG site where they're always looking for people to post "oddities" for them to try and solve.

eyeball0001

Well i realised i was thinking of the statement of charges, not the POC..

My POC was on the original MCOL online form... it was copied from here and looks like this:

The Claimant has an account xxxxxxxx with the
Defendant,opened 13/09/02. Since 13/09/02 the
Defendant debited charges and interest in
respect of purported breaches of
contract.Defendant is aware of all details as
a list of charges has already been supplied.
Claimant contends: The charges exceed the
Defendant's losses caused by the breaches;
The Term permitting the Defendant to levy
such charges is unenforceable under the
Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. Claimant claims:
return of the amounts debited of £2,321.50;
Interest per S.69 County Courts Act 1984 of
8% - £393.71 continuing at 8% until judgment
or settlement at a daily rate of £0.51;
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982. Costs allowed by the court

I dont think i've gone wrong anywhere... but i had a look on the CAG site (where i found a person called Mimijane posting!) and i found a good POC from a woman who has won against A&L...

I didnt realise that if you hand write the POC you can use as many characters as you want, as opposed to being restricted online. Could this be the issue and if so should Iconstruct a longer POC?

MimiJane

Yep, that's me

Looks fine to me eyeball. I didn't realise you weren't restricted if you hand wrote it, but can't see anything wrong with your POC, so I wouldn't worry ... this is the same POC format loads of people have used.

I would investigate further though as to why you've had this letter as it's a new one on me

Good luck and keep us posted.

eyeball0001

It may have just been that i got confused and when i sent the schedule to wragge - cos the letter i sent with it referenced the POC... i think i just screwed up a little!

MimiJane

eyeball0001 wrote: »

It may have just been that i got confused and when i sent the schedule to wragge - cos the letter i sent with it referenced the POC... i think i just screwed up a little!

We've all screwed up at times (including me, twice so far:rolleyes:). Maybe drop a line to Wragge then just clarifying and to cover yourself.