The Smiths v A & L ***WON***

[caro]

Have some of Mrs Battleaxe's banana cake - oh, sorry,pussycats finished it.

PMSL Thanks Mrs B. Save me a piece of the next one.

[Guest Battleaxe]

Okey Dokey, state of play.

 

I received afull set of statements, but no notes or anything else from A & L.

 

I have worked out my claim from the statements, but not having anything else, manual interventions etc do I go ahead and file with the information I have or send them the 40 day letter for non-compliance?

 

Just wanting to check to be sure. I really want to sink the boot in.

[Guest Battleaxe]

No one responed to my previous post, so I went ahead and took my N1 with statements to the County Court yesterday and had a talk with a lady there. Very helpful.

 

I have applied for exemption of filing fee owing to hardship. I am not sure what date the service will be effected, but will get a letter with the claim number, so as soon as I have that I will post it to the litigation thread. i have also claimed back the interest on the O/D charges. I revised my stance and claimed s.69 8% interest.

 

I am now going to pick away at the pre October 2000 charges, back to 1998 when the account was opened. Stage 3 will be the charges from this month onwards. So three little bites of the apple, should settle the matter with this part of my battle with A & L.

 

Next bit is the PPI on the Loan with them. I was told that it was a life insurance policy. This should be interesting when I request the removal of the PI from the loan.

 

Still waiting for the reply from MBNA/A & L credit card; sent off the 40 day warning letter by recorded delivery. they have until the 21st.

 

40 day warning letter to A & L regarding current sent by recorded delivery also. They have until the 20th.

 

Looks like I am going to be down at the court house next Friday filing for failure to comply.

 

The lady there gave me a four EX160A forms to complete for each complaint I file

 

Life goes on....

[djweeble]

Battleaxe, I personaly think you should have used the banks own interest rate, and put a clause in the claim that the court can award you the 8% if the judge disagree's, I can't remember the exact wording, but I've seen a few posts where people are doing that. Lets face it, you've got nothing to lose, and probably a lot to gain

 

If you have a problem working out the daily xxp interest, that's an easy one, run Excel and make a note of the total, then do the same the next day, Excel will update the totals to the current date, and the difference between the two days is the daily rate It's not an "exactly" accurate method as the amount of increase will rise very very slightly every day due to the compounding of the interest, but over a period of a month or so it'll only be a few pence in difference.

[Guest Battleaxe]

djweeble,

 

I was going to go for this method originally, but because of MOTH's detiorating health and I have other claims in the pipe line, I wanted to get this one out of the way to let A & L know I am serious. I have plans for the claim dating back 1998 and can afford more time. Actually I have already started that bit, and then I have the claim from this month onwards. Admittedly there was difference of about £800.00 in the interest rates, but I cannot juggle hospitals and court at the same time. I also want A & L lulled into a false sense security regarding what I will accept.

 

I have a had day with the FSA, OFCOM. Trading Standards to do with the MBNA/A & L credit card and loan fiasco, their harassing phone calls being the complaint, but at least my complaint have been registered and it took some doing. I am actually worn out dealing with Kent's health and having to shoulder the responsibility of getting our finances sorted. I know this sounds like excuses, but believe me I have not finished with A & L by a long shot and if I can this claim out of the way before Christmas, it will one thing off my list. This is the claim I wanted to work on first and wanted to be sure I didn't give A & L an excuse to try and get it struck off. I also added in the O/D interest they took off us to the claim. I noticed in this months statement they are charging £13.49 interest for the month, so already I have the paper work started for £68.00 which includes two chargges of £25.00 and then there will December's charges and interest to add to that, so in a way I will be getting back a bit more, I plan to file that claim in February together with the 1998-2000 claim and that one will be the compounded contractual interest. I have printed of the wording for that claim in readiness. My father used to say, the little fish are always the sweetest.

 

Capital One have already refunded £110.00 on this month's statement and I haven't started on the that claim. Just sent a nice letter to Mr Udy, outlining a few home truths and got the surprise of my life. So you see a long way to go, but with a bit of luck, everything will done and dusted by next April and we will about £5000.00 richer with all the claims to be lodged.

[caro]

I was surprised that you hadn't gone for the compound interest myself Battleaxe. That explains it. I didn't know about your other worries as well. You know where to find us if you need a hand, although you are clearly very competent. Keep us posted.

[Guest Battleaxe]

Thank you Caro.

 

Another day and very interesting mail. A letter from A & L/MBNA with MOTHs credit card reference refereing to kent's letter of the 3 Nov. Scratching of head..looks they are confusing tings..I wrote refering to the harassemtn regarding my loan.

 

2. A & L have racked another £34.00 failed direct debit, I wrote, recorded on 31st October requesting that no DD be actioned, this went Mr Ian Wade. looks like another letter today. MBNA are trying it on, so more grist to the Mill for the IC and OFT, especiallyas MBNA were written to and told that this DD has been cancelled. My next nest egg is richer by £100 plus interest. keep it up A & L, the rate you are going, we are going to keep the Conty court in Huntingdon busy.

 

Also Crap One have complied with SAR request for my CC, I will put this on my Crap One thread.

 

My little corner of the living roon, is resembling an office more each day. I am so glad I have my desk beside the picture window, with sun streaming in. At least i have a good working environment to undertake this onerus task of recovering our fortune.

[Guest Battleaxe]

Have prepared letter to be sent recorded delivery tomorrow.

 

20 November 2006

 

Mr Ian Wade

Head of Customer Services, Current Accounts

Alliance & Leicester plc

Bridle Road

Bootle

Merseyside

GIR 0AA

 

 

Dear Sir,

 

Ref: Proforma letter dated 16 November 2006 Insufficient funds to cover transaction(s)

Account number xxxxxxxxxx

We demand immediate removal of this charge £34.00 with any accrued interest incurred by this charge from our account.

 

It is apparent you did not action our request to cancel ALL direct debits attached to this account.

Please see copy of letter addressed to you date 31 October 2006.

 

We contacted the creditors concerned who have the remaining direct debits and ascertained that you had not cancelled the direct debits with them. This has now been actioned by us.

 

If this charge remains on our account, we will be claiming this and the interest incurred at compound contractual interest rates through the County Court Small Claims system. We will also be claiming for distress and our costs associated with this action.

 

 

Yours sincerely

 

 

 

 

KENT SMITH PHILLIPA SMITH

 

 

 

 

Attached: letter to A & L dated 31 October 2006 with instruction to cancel All DD’s

[caro]

You tell 'em Battleaxe!

[Guest Battleaxe]

A & L will be getting part one.

 

Claim Number 6HN01443, service date Saturday 25th November and i was told by the court if they (a) ignore and default is given, the Judge here will not allow a default judgement to be set aside.

 

It is going to be a long wait until 4pm 8 December.

 

Oh I was given an exemption from filing fees because of hardship, this why it only got filed today. Had to wait for that exemption.

 

A & L thought I was fooling.

 

Now to gear up for Round Two. I am going for charges from 1998-2000.

 

Must also check that mis-sold PPI on the A & L loan, they told us it was a life insurance and other things..cannot claim on it at all. i am not working now. loan in joint names and PPI issued in joint names. Looks like thaere will another thread started on the loan PPI..

 

We have learnt so much in the last couple of months.

Onwards and Upwards...

[caro]

Good luck Battleaxe. Have you looked at the new PPI forum? If you post there you will find others with similar queries and Reidnet, who has claimed for a PPI refund successfully may well offer advice.

[Guest Battleaxe]

Thanks for the heads up Caro. i will go over and see what is cooking on the PPI forum, already started sorting out the Crap 1 PPI, but not finished with it, so getting onther on a roll is good way to keep needling them. have to post on my Battleaxe does MBNA thread because of this morning's mail.

[caro]

Busy busy busy. Keep 'em on their toes Mrs B.

[Guest Battleaxe]

All in, we have nine claims and four of those A & L. it will be a nice pay day in the end. This first one will get rid of ur overdraft, then the next two claims will be our money and then of the PPI on the loan and that loan will have to renegotiated. I will be trying to dictate the terms on that one and by that time they will know how serious we are about this little game.

 

I am sleeping at night and if a nasty etter comes in the mail, I just make a cup of tea, digest the contents and get busy writing.

 

This is why the demand from Black Horse is not worrying us,. it isn't our debt and this is going to bite Black Horse on the bum in a big way, because we are going for distress and inconvenience, seeing whoever decided Kent was the the Kent Smith they are chasing and not checking out the facts.

 

Empowerment is marvellous.

[Guest Battleaxe]

Phone just rang, caller asked to speak to Kent. I asked who it was calling, Alliance & Leicester bank, so quick as a flash, I replied that he isn't taking calls from them and hung up.

 

Now why suddenly do they want to speak to us? No, it wouldn't be because we filed a claim and they know a second claim is in the pipeline? With a third one following on?

 

Perhaps they want to threaten about the overdraft?

 

it might be about the loan repayment?

 

Is it about the Information Commissioner, or perhaps the OFT?

 

Shame they had better put it all in writing.

 

What fun this is, have to admit curiosity is biting, but I will wait for the postman.

[Guest Battleaxe]

Hmm. seems like A & L really want to speak to Kent. Another phone call five mnutes ago. kent is partially deaf and cannot hear the phone, so by the time i extracted myself from the bathroom and answered, so told her that they not to ring us, they are to put everything in writing. two calls in two hours, why does harassment come to mind or are they trying to reach a settlement before Monday?

[blackcatchillers]

I think your doing the right thing Battleaxe.Everything in writing,then you know where you stand.Keep up the good work,not long now.

[Guest Battleaxe]

Thank you Blackcatchillers. Monday is one day closer.

[ampersand]

Hi Battleaxe,

Just wanted to wish you Good Luck for Monday.

Any news on the salary claim front yet?

Shall be thinking of you tomorrow en route to Leeds. Nasty weather out there. Go safely.

[Guest Battleaxe]

Oh darn...the cheeky sods at A & L are going to defend all the claim,

they filed an acknowledgement of Service on 8 December 2006. Oh golly now I have to wait up until 21 december to see which way the tricky devils are going to jump. Why did I think it would be any different.

 

I had so wanted to get default judgement at 4.05pm today.

[ampersand]

Fingers all crossed in the Botsquat for you Battleaxe.

Reading around suggests this a standard response.

Another horrible day, but next Monday you have G's arrival to enjoy -

Give yourself a great wallop of that stonking courage and encouragement you have generously given on this site to others.

[sowerby17]

Hi battleaxe I have read that it is better that they put in a defence then they only have another 14 days to do that and apparently they settle before then also read that the cheques arrive on Saturdays so you may get one this week.Hope you do.

[Guest Battleaxe]

Hmm I wonder if it will be easy. Nothing in my life is easy, but what a nice thing to get sorted before Christmas. i am having a second bite of the cherry with them and claiming back to 1998 once this one is tucked away. it will clear our overdraft and give a couple of hundred pounds to pay another bill...

[pbwmca]

Don't worry, as Ampersand says, this is standard A&L tactics.

You have given massive support to others here so relax and look forward to a very merry Christmas!

[Guest Battleaxe]

Thank you for encouragement. This is what is so fantastic about this site, we help each other. I am so glad we aren't dealing with Cobbetts, like deller and the others claiming from Natwest.