help again please!!

[Kathryn Kinley]

Hi

 

Got confirmation from the court on 21st September that all documents had been served on A&L.

 

Nothing from Alliance and Leicester yet and I'm starting to get a bit anxious. The court said we can complete the application for default decree on 23rd October if A&L haven't replied - does it normally get to this or I'm i being a bit impatient? Just thought I would have heard something by now.

 

Any advice (or reassurance!!) would be gratefully recieved

 

Thanks

 

Kathryn:confused:

[DCG]

dont pannic your nearly there just sit and wait you will get it

[leebrannan]

Don't worry kathryn, you'll soon have your cheque. they made me wait right til the very last day possible but i got what i wanted and so will you.

 

sit back and relax

[Aitken Brotherston]

Hi

 

Got confirmation from the court on 21st September that all documents had been served on A&L.

 

Nothing from Alliance and Leicester yet and I'm starting to get a bit anxious. The court said we can complete the application for default decree on 23rd October if A&L haven't replied - does it normally get to this or I'm i being a bit impatient? Just thought I would have heard something by now.

 

Any advice (or reassurance!!) would be gratefully recieved

 

Thanks

 

Kathryn:confused:

 

To give you reassurance, A&L did not respond to any of my communications or those resulting from my MCOL claim. I applied for and got a "judgement by default" and was just about to set the baliffs on them when I got a cheque in full settlement.

 

Keep the faith and stick to YOUR timetable.

[Kathryn Kinley]

Thanks everybody for your help.

 

Will let you all know when i've heard anything

 

Thanks again

 

Kathryn

[Kathryn Kinley]

Hi

 

as you all predicted Alliance and Leicester left it to the last minute, but gues what we got our cheque this morning...yeah!!!!!!! £2861.65

 

As I live in Northern Ireland my overall claim was for more than £2000 but because that is the limit for small claims here I have had to split my claim. The letter that accompanied the cheque said that "we enclose our cheque...which is paid in full and final settlement of the calim" and to "acknowledge receipt". Am I correct in saying that when I acknowledge receipt I tell them that I accept this cheque as partial settlement of my cliam? Do I need to tell them that I split it because I live in Northen Ireland.

 

Can I just add that if it wasnt for the help and support I recived on this site there is NO way I would have been able to do this. Thank you all so very much for your help.

 

If someone could let me know what to say to Alliance and Leicester about accepting this as partial claim and then telling them that i am issuing a second claim for the reamining balance. Do i start court proceeding straight for the remaining balance or do I go back to A&L first with the preliminary letter of approach?

 

Any more help would, as always, be graatefully received

 

Thanks

 

Kathryn

[caro]

From what you say they have settled your claim in full so you can't say it is partial settlement. You just need to acknowledge that you have received the cheque. Then you start your new claim from scratch with a new prelim. At least you know what to do and what to expect now.

 

Congratulations.

[Aitken Brotherston]

Well Done Kathryn - good feeling isn't it?

 

Here is a copy of what I sent them.

 

They made reference to the fact that I appeared to be unhappy with the terms and conditions and implied that they would be contacting me presumably with a view to closing the account. I thought I would give them a little taste of their own medicine.

 

 

Dear Sirs

Ref ***********************

Thank you for your letter of ??th October 2006 and for the cheque contained therein. The court have been informed.

I accept this payment as settlement of this claim however I reserve the right to take further action against you if I should discover reason to do so.

The terms and conditions that I do not accept are those that are unlawful and I am surprised that you should seek to defend them or that you should believe there is any reason why I should not reject them. No doubt it is your right under the terms of the contract to terminate it. Should you decide to terminate the contract I expect you to do so within the law and adhering to the Banking Code of Practice. Whether or not it will affect my attitude to the other accounts I and my family have with you, remains to be seen. I should be obliged if you would write to me within the next 14 days to make clear your intentions. If I do not hear from you within that time I shall assume you intend to withdraw from the contract and make my decisions accordingly.

Yours faithfully