MJH vs A and L (Strange circumstances)

[puressence73]

Hi Guys,

 

I have just sent a cheque off to A and L for my data file and have started the ball rolling with First Direct to get a parachute account just in case the A and L decide to close me down.

 

However, I am unsure whether they would be inclined to do this because of the following:-

 

1. I have a personal loan with A and L, the direct debit is set up on the account I am instigating a claim for. Surely this would not be in there interest if they made it impossible for me to make payments?

 

2. My current bank balance is over 15K because I am in the process of consolidating some CC's. Would the best course of action be for me to keep the money where it is until my new account is in place?

 

3. I would imagine that my claim will only amount to £500 - £1000 maximum over the 6 year period. In the scheme of things this appears to be a small amount to some other forum members. Are they more likely to take a minimum hassle option on the smaller amounts?

 

Does anyone know what the implications are of having the account automatically closed before you have a alternate banking facility set up?

 

I have also seen a number of addresses banded around and am getting a little confused to which one the LBA and then the MCOL should be addressed to.

 

I look forward to reading your replies.

 

P.S remeber if you dont ask you dont get.....:sad:

[telewest]

edited

[puressence73]

Hi Guy's,

 

If possible I would like some assistance with overdraft fees.

 

I have read conflicting reviews about what can and can not be claimed.

 

I have 3 types of overdraught fees listed on my statements as follows:-

 

£5.00 Monthly Overdraft Fee

£25.00 Monthly Overdraft Fee (Earlier statements only)

£25.00 Unauthorised Overdraft Fee (Later statements only)

 

On the earlier statements 2001 - 2004 I have been charged £25.00 when going over my OD limit but dont recall getting any warning letters as such. The months when I was inside my limit the charge was just £5.00 pounds.

 

On the later statments 2004 onwards if I have gone over my limit I get charged twice the £5.00 monthly fee plus an unauthorised overdraft fee of £25.00 and the letter.

 

Can I presume that the way A and L issued charges has changed over the years and that the earlier £25.00 monthly overdraft fee was in fact an excessive charge which I am eligible to claim back.

 

The way that I am approaching it at the moment is that I aim to claim all overdraught fees of £25.00 as this would be in line with excessive charging, but not sure if this is correct, but, it definitely bumps up my claim amount.

 

I hope that makes sense.........

 

Also should all letters after the SAR be addressed to Narbrough

[Guest ian cognito]

you can claim both the £25 charges, the £5 is probably a service fee and so cannot be claimed.

 

Address the letters to Bootle but put the Narborough address on your court claim.

 

Don't forget to open a parachute account.

 

Good luck!!

[puressence73]

Thanks Ian,

 

I have just finished preparing my initial response (used template from library) and claim amount sheet and will post it first thing Monday morning, registered mail.

 

I am aware that there are a couple of verbatim replies from A and L, are there any I should be cautious of?

 

Something that has crossed my mind is that if there are errors on the amount being claimed i.e missed a refund or something, would this be grounds to have to re-submit the initial claim? or would they let it go to court and then have it thrown out?

 

Is anyone aware of any ploys being used by A and L at the moment to slow the claims down i.e loosing mail, meaningless correspondence and such?

 

Thanks Guys

 

Keep up the good work.

[dx100uk]

nothing special really just whathe other banks try.

 

dont worry too much about if you miss a charge or whatever.

you need to get this going and in

if you discover a mistake as long as it is corrected before court [along way off and obvious when to do it] there willl be no problem

 

have a read of a few threads and what is in my sig below

 

good luck

 

dx100uk

[puressence73]

Thanks DX,

 

I am pretty sure I have it as accurate as can be with the knowledge I have, but, I'm sure the bank will let me know if there is a significant problem.

 

I presume they are not just paying lip service to the mounting claims they are receiving.

 

I will keep you all posted of my progress as things start to happen.

 

Be warned nothing is simple in my life and it wouldnt surprise me if a) I have to attend court or b) the bailiffs have to go in.

 

Thanks

 

Matt

[bp]

Hi matt, if it gets to the point where you have filed a claim, and you need to amend the amount you are claiming, all you need to do is complete an N244 form at a charge of £35 (unless you are exempt from paying fees).

[puressence73]

Hi Guys,

 

I really need some help with my claim.

 

The A and L's solicitors wagge and co have sent me a copy of the banks defence particulars and my MCOL is showing that a defence enetered on the 11.04.07 and that no further action I can take online.

 

What happens from here?

 

I understand that I should have received an allocation questionnaire but I havent or does this come later.

 

Should I phone the courts for this?

 

Feel like I am getting a bit lost with this now.

 

Any help would be appreciated.

 

Clare and Matt:o :o

[ManSizedRooster]

Hi

 

If in doubt call MCOL and ask. They are really really helpfull. Tel : 0845-601 5935.

[puressence73]

Hi Everyone,

 

I have just contacted MCOL and they have told me that nothing in terms of paperwork is outstanding from me and that they will be sending the claim out to my local court for the hearing in the next few days.

 

He advised me that MCOL no longer issue allocation questionnairres to claiments.

 

I am starting to get a little worried as the process seem to be changing slightly and I am unsure where I am and what comes next.

 

Is it normal practice for the courts to reassign the claim to the claiments local court? Should I book a day off work to attend court.

 

I did hear a scarry story the other day about a women on GMTV who lost her claim, is there any truth in that.

 

Starting to get very nervous.

 

Thanks

 

Clare:oops: :oops:

[younganfree]

Hi Everyone,

 

I have just contacted MCOL and they have told me that nothing in terms of paperwork is outstanding from me and that they will be sending the claim out to my local court for the hearing in the next few days.

 

He advised me that MCOL no longer issue allocation questionnairres to claiments.

 

I am starting to get a little worried as the process seem to be changing slightly and I am unsure where I am and what comes next.

 

Is it normal practice for the courts to reassign the claim to the claiments local court? Should I book a day off work to attend court.

 

I did hear a scarry story the other day about a women on GMTV who lost her claim, is there any truth in that.

 

Starting to get very nervous.

 

Thanks

 

Clare:oops: :oops:

1 Stop panicing.

2 Stop looking for difficulties.

3 Stop listening to rumour.

4 Take a deep breath, and let this thing play out along the tried and tested route that has been working successfully on the CAG for quite some time now. 8)

[cazawilson]

hello puressence 73

 

I am at the same stage with my defence entered on 10th according to MCOL. I assume we will hear once the paperwork has been sent to our local courts. Let me know of any update and I'll keep you posted.

[puressence73]

Hi Caza,

 

I received my notice of Transfer from the court today but it really dosent tell me much about what I need to do or what comes next.

 

The only thing I can really ascertain is that I do not need to complete an AQ.

 

It would be appreciated if anyone could tell me what happens next?

 

 

Thanks.... :confused:

[damo696969]

Hi puressence73,

 

I am at exactly the same stage as you, Im not sure either but i think its just a case of sitting tight and waiting for a court date to come through now. I am then told that you gather all your information of charges together and turn up at court. Apparently the bank will either not turn up to defend or will pay up just before court date, Either way you win. Does anybody know if this information is correct. ?

[puressence73]

Hi Damo,

 

I am hoping that is the case but I beleive there are some other possible options:-

 

1. I have read about pre-trial reviews being conducted on some claims.

 

2. The bank can apply to have the case set aside.

 

Not sure what is involved in either of these but just hope that my claim gets sorted as quickly as possible from here.

 

I have read that it is a good idea to send Wragge and Co a nudge letter at this point to reassure them that you are not going to roll over and give up so I might do that tomorrow to see if I can get an offer or a settlement.

 

Hopefully something positive will happen soon.

 

:wink:

[damo696969]

I was looking at some templates for nudge letters earlier today but cant remember where the threads were.

[puressence73]

Hi Guys,

 

I have a court date set for the 17th of July and in light of the current Hull news think it may be prudent to get my court bundle issued as soon as possible in the hope my claim may get settled out of court.

 

I have read the forums and find it a bit confusing to say the least on what needs to be sent to Wragge and the Courts.

 

Does anyone know if there there is a diffinitive list on what should be in the bundle, maybe in particular an A and L bundle?

 

I would also be really intereted to hear if anyone has had an out of court settlement from A and L recently?

 

Thanks Guys

[allen0601]

Hi if you do find a list of what needs to be in the court bundle it would be useful to me to as like you i have read SO many of the treads it gets confusing. Will keep close eye on this to find out

GOOD LUCK

NICKY

[blue.pricey]

Hi me to, my computer wont download at the moment so i would appreciate a list as well

[caro]

It's all in the Bank Templates Library.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

4 threads merged to make it easier to follow your progress.

[allen0601]

Hi puressence sorry to kind of jump on ur thread but just wanted to check with caro or anyone about the court bundle. I have read the information given through the link above and i know this is going to sound really daft but do we really need to know all that stuff, are we going to be questioned about it or is it just to show the bank that we know our stuff???

Thanks

[caro]

It depends if you want a rock solid case or not. It is all absolutely relevant and I would not advise you to leave anything out. You are presenting your case to the court, and in the light of the recent highly publicised Lloyds wins I think it would be foolhardy to take any short cuts.

 

Your knowledge of the law will not be in question, but you will need to understand why the charges are unlawful and how the items are relevant.