Hi could anyone tell me the current situation re. reclaiming bank charges. We are trying to reclaim approx. £6,000.00 from Alliance & Leicester [started paperwork etc... in May this year] Paid out £120.00 for court claim, but unfortunately the day after I got my first court papers back was the news of the test case and that all court cases were put on hold until results of test case. That was back in July / August. Have since received letters from both Alliance & Leicester and Wragge & Co Solictors informing me of the stay. Just wondering if anyone has any up to date news re. when the test case is likely to happen and what are the likely results? We desperately need this money paying back to us.

Thanks Jan The cover letter from Wragge says 'We act for A & L in the above matter. We enclose our clients Ack. of Service giving notice of intention to defend. The form attached I think could be meant for A & L so not sure why I have a copy. It is what looks like a 2 part form. Top part is titled Response Pack Says included in this pack are either Admission Form N9A or Admission Form N9C, and gives choices with regards to admit the claim or disputing the claim. Bottom part of form is title Acknowledgement of Service and at the bottom are 3 choices and choice 1 'I intend to defend all of this claim' has been ticked. The form is then signed by Wragge & go on 9th August. Not sure why they have sent it to me though. They is not really any information on it with regards to a defence. Are Wragge meant to send me something? Perhaps they will send something seperately at a later date or is this form classed as their defence? With my original form I included the completed N1 form, a 4 page Particulars of Claim and a copy of the charges, dates charged and interest claimed, which I assume Wragge got a copy of so I'm not sure if they'll need anything more from me before I go on holiday on Friday? Fingers crossed Warrington court dont allow them a stay.

Hi helpful people, Received a Notice of issue from Warrington County Court that said that claim deemed to be served on 1st August and that A & L had till 15th August to reply. Yesterday we have received an undated long letter from A & L stating they have asked FOS & courts not to proceed with any other cases until test case resolved, and that they intend to apply to Court for an order to stay our action until resolution of legal proceedings with OFT. Today we received letter from Wragge & Co enclosing Acknowledgement of Service giving notice of intention to defend. It says "if you file an ack. of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served seperately, judgement may be entered against you [i assume by saying you it means A & L, not us?] If you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this ack. of service, it will be asumed that you accept the courts jurisdiction and judgement may be entered against you" Couple of questions I need help with pleaseeee....... Do I need to respond or not, if so is it to Wragge or Courts or A & L or all three? What happens next? Re. A & L letter sayint they want a stay, does this mean I'm not going to get anything sorted for month? I am going on holiday next Friday and just want to make sure I am doing everything correctly before I go. [email=abuse@moneysavingexpert.com?subject=Reporting post http://forums.moneysavingexpert.com/showpost.html?p=5985102][/email] [/url]

Thanks for your reply. Do you know if I should send a cover letter and if so, do I need to specify anything imparticular on it?

Hi, I have just completed the N1 form and modified the 4 page POC [posted by Michael Browne] to suit my situation. Just a couple of questions now: a] Do I post both to my local County Court? [Warrington] b] Is there a standard cover letter to send with them? c] Do I at this stage also send my detailed list of bank charges and dates? d] The bank charges list has altered slightly since I initially sent it to Alliance & Leicester due to increased interest and charges since I started in May, is it OK for me to send the upto date list? e] I assume I receive a claim number at a later date? Getting scared now, not very good at all this legal form filling in stuff - all help is most appreciated!

Hi, I have just completed the N1 form and modified the 4 page POC [posted by Michael Browne] to suit my situation. Just a couple of questions now: a] Do I post both to my local County Court? [Warrington] b] Is there a standard cover letter to send with them? c] Do I at this stage also send my detailed list of bank charges and dates? d] The bank charges list has altered slightly since I initially sent it to Alliance & Leicester due to increased interest and charges since I started in May, is it OK for me to send the upto date list? e] I assume I receive a claim number at a later date? Getting scared now, not very good at all this legal form filling in stuff - all help is most appreciated!

Hi, I have just completed the N1 form and modified the 4 page POC [posted by Michael Browne] to suit my situation. Just a couple of questions now: a] Do I post both to my local County Court? [Warrington] b] Is there a standard cover letter to send with them? c] Do I at this stage also send my detailed list of bank charges and dates? d] The bank charges list has altered slightly since I initially sent it to Alliance & Leicester due to increased interest and charges since I started in May, is it OK for me to send the upto date list? e] I assume I receive a claim number at a later date? Getting scared now, not very good at all this legal form filling in stuff - all help is most appreciated!

I have taken your very useful advice and now filled in the N1 & your very detailed POC and printed out the 2 page N1 form and the 4 page POC. Is there a standard cover letter that I need to address to my local County Court to send with the documents? At what stage do I pay the £120.00? Do I send a cheque with the documents? I assume I will receive a Claim number once they receive the documents. From posting this, which I will hopefully do Monday 23rd, to going to Court, how long does the process normally take? We are on holiday for a week from 17th August and I am wondering whether I should mention this somewhere in a cover letter? Many thanks,

Change of Plan - I am not completing the N1 form and have I have copied your Particulars of Claim. If I have been offered a partial settlement by A & L, where shall I state this on the Particulars of Claim? I am claiming £4991 plus interest and was offered £1636 in full and final settlement which I turned down. I am assuming I need to state this somewhere for the Court, but I'm not sure where! Many thanks,

Thank you Michael, can you tell me on MCOL where it says ' Amount Claimed' do I include the 8% interest I am claiming at this stage? or do I just include the charges I am claiming for? I have stated the interest charge of £1205.31 in the section above on MCOL, [the Particulars of Claim]

I am just filling in form, and am basing my 'Particulars of Claim' from Post 6 by Rex Mundi from the MCOL thread on Money Saving Expert it says ' the claimant has an account [account number] with the Defendant, opened [put date opened]. [i have found out the date the account was opened from my bank]. It then says 'Since [Date] the Defendant debited charges and interest in respect of purported breacheds of contract etc...... Can anyone tell me do I put the date the account was opened here which was May 2000 or do I put the date I am claiming from which is November 2000? At this point I'm stuck, I Don't know what to do, please help

My original calculation of charges to Alliance & Leicester in May was £4982.50 + interest. I am now tonight about to complete MCOL form [eek! I'm getting nervous now] and want to know if I can alter the value of my original claim when completing the form or does it have to match perfectly with previous correspondence to A & L? This is due to the fact we have had further charges on our account since May and also I originally included the £5 monthly interest charge in my claim, which I have since realised you cannot include. Also, we are on holiday for one week in August. Is it best to mention this on the court form somewhere in case they set a hearing date and if so where on the form? All help very much appreciated.