Whooopeeee dooooo. In the post this am a cheque for £6,375.34 and the letter :- "We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim. This decision should not be regarded as an admission of liability on the part of the Company, as we consider the charges to be fair and reasonable. We therefore now enclose our cheque in the sum of £6,375.34 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled. As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation." Seems like standard stuff. I will write to Northampton County Court after the cheque has cleared - you never know. A big thank you to all on these Forums - without you, I would never have started this. Big contribution to the site on it's way when the cheque clears. Off to town, Mrs Beserker has her eyes on a new bathroom. Now for the ERC's, are you ready Chelsea and IGroup.

I've had unfair 4, I want to know whats in unfair 1 and 3!!

Thanks Caro, I'll give it another week, although as we all know they won't accept "I did'nt receive it" as an excuse from us!

tema? cha, team

Congrats Helen. I think Caro has a point (see my thread). Although it may also be that they are starting to get snowed under with the ammount of LBA's and MCOL's. I had an admittance from one of their legal tema that she was very, very busy at the moment

Hiyas. Sorry you have lost your job The MCOL is deemed served on A&L 5 days after it was issued you then have to wait 14days before you can go for judgement by default (if they don't enter a defence). MCOL won't let you go for judgement before the 14 days are up. As my dad used to say, patience - it all comes to those who wait.

Thought I would give an update. I have judgement by default (see post above) and I think I can serve a warrant on A&L. However, the purpose of the MCOL is to retreive the penalty charges not pursue a vendetta against A&L, tempting though it is. So I spoke to a M's Jackie McGurk (01162003504) legal dept. at A&L. She said that they had lost the charges spreadsheet!!? and that she had issued instructions for a cheque to be raised. Any advice anyone, is it likely to be the £100 fob off? Or the full ammount? How long should I now give A&L before I serve the warrant? Any mods on might want to make an entry in the relevant litigation bit as I have theoretically won the case, although I don't have the cheque yet

Correct nackers; Caro, they were charging me £5 per month for the pleasure of having an overdraft.

Thanks Caro. After speaking to M's McGurk (A&L litigation Dept.) it appears I accidently posted the copies of the spreadsheet outlining the charges to Bootle and so, amazingly, they did not have them in Leicester:mad: and they "might" (hopefully not) ask for a deferment. No matter, they will loose:grin:

I've had parachute account up and running from the beginning. Not bothered by account closure. Just some low figure DD's on A&L acc now.

@chuck and phil I'm not POA but don't you have a monthly journal that can be used to promote this site? Ooops sorry Chuck just seen your post, must be tired....

Oh what a bunch of barstewrds. They have charged me £25 for being £0.06 over my OD limit, which in true A&L style was caused by them applying £1.09 interest!! Guess they are not happy with me

Yup for whole 25 and I called them what they called them. I think Unauthorised Overdraft charge is what they charged you when the item (cheque, direct debit etc) is paid from your account, the monthly OD charge is a penalty charge for being overdrawn that month, but they will also charge it on a daily basis e.g. £25 for the period dd/mm to dd/mm subject to a maximum of £nn, why?, I think a lot of their charges varied according to the weather in Liverpool! The £5 charge was levied monthly after I had come to an arrangement to reduce my OD and I did not claim this

They have to justify the charges and on that basis I claimed everything apart from the £5 arrangement fees. Although at times it is difficult to seperate out the various charges, especially as they are/were inconsistantly applied!

I claimed a victory by default, as they have'nt filed any defence, is this usual? I have asked for immediate payment, after all they did'nt give me any time to raise money and they have a lot more money than me. How long should I give them and what do I do if they have'nt paid?

Whoa, great stuff Paula, I am awaiting mine - they have'nt even filed a defence in my case, obviously the shock of paying on yours

Ah well, spoke to MCOL people this am (very helpfull). A&L still have'nt filed a defence. MCOL say go for judgement after 16:00 today, suprising how my blood pressure is starting to rise....

Do check the credit reference agencies, if they have logged a default against you, have a go at getting it cleared at the same time you claim the penalty charges back. Defaults are almost as negative on your credit history as CCJ's and will mean that if you go for a mortgage you will be unable to use the high street lenders (I know from personal experience). Search through the threads about this and as always read the FAQs, it can save a lot of worry.

Yes, although you may want to take one on at a time, it is never taking the p*** when they have taken it out of us for so long. As for the default, they told me some time back that they issued one against me, checked the Credit Reference Agencies and there is not one registered by A&L, might be a frightener (they are quite naughty). However, I would check with with the CRA's to get the truth. Have you got a parachute account up and running?

I did'nt wait, figured that if they were not going to detail the charges after the preliminary letter and the LBA, giving them an extra week on the LBA was'nt going to gain anything. However, the advice of more expert people on the forum is to wait... I think the choice as always is yours

They still have'nt posted a defence, do they take matters beyond the 14 days and force a 'default' decision in my favour? If they did that would this count as precedent? Part of me (the mad bit) wants them to contest the claim so that precedent can be set and mess all the banks up. I have just been talking with friends with bank accounts in Europe - they are staggered at our charges. PS Can I go for default decision on the 21st or 22nd?

MCOL help says it is deemed as served 5 days after the start date

MCOL issued.

Looks like I'm going to have to split up the claim to keep under the £5k claim fee jump, I can mange £120+ at the moment, but not £250! Yup, I know I claimed on the 8% as well, just being cheeky. Should I split the claim up in terms of time - from a day to a day, or claim the penalty fees first then the interest? or drop the interest? I will Caro

Big appologies :- just been looking at the interest on their interest!! Am I going to get away with claiming £1291!!! interest, oh boy that would be very sweet. MCOL revised to:- "Claimant has account XXXXXXXXX with Defendant conducted on their standard terms and conditions. Claimant is claiming the return of £4926.01 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 9 November 2000 to 28 September 2006 of £1291.53 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £1.36 (Amount claimed x 0.00022)". Thanks for you help guys, would have looked a bit silly. Comments, please.