tealady v A&L ***SETTLED***

[tealady51]

This is what I have written to the A&L regarding the wrong papers being sent to me (i.e. some one else details)

Dear Ms Jackie McGuirk

Re Myself v Alliance & Leciester plc

Claim Number 7B****53

Thank you for forwarding a copy of your defence which was received yesterday.

I would like to draw your attention to the attached.

Please be aware that I am not ****** *******, nor do any of the particulars thereon in any way have anything to do with me. I find the fact that you are willing to disclose particulars of a third party to myself most disturbing. You as bankers have a duty of confidentiality to all of your customers. Could I ask to whom you have sent my details? Also please let me know what you will do to rectify this situation.

Yours faithfully

 

Before I fax it to them - is there any mileage to be gained in reporting this to the FSA? I believe this has to be a breach of customer confidentiality at the very least. To me it just shows the banks total disregard for their customers. Must stop before I go on at too much length easy to get carried away.

 

Any thoughts gratefully accepted

[hagenuk]

I think what you have here is a mistake. Quite what you expect the FSA to do about it is not clear and if you report this to anyone, it should be to the ICO and the Ombudsman.

 

It can be distressing to imagine that perhaps your information has been sent to another claimant, but what remedy is there, save for sending you the correct information?

 

Nobody has done this deliberately, it was a simple mistake and although they should not have made it, they have.

 

However, you should report this to the ICO just to get it on record and if you feel like it, report it to the Ombudsman too.

[tealady51]

thank you Hagen - getting the bodies mixed up, will look into reporting this incident to ICO - I will however let the legal department at A&L still have this fax.

 

thank you for your advice

 

tealady

[hagenuk]

Yes, by all means send the fax - you never know, they may wish to compensate you for distress - and of course I am sure you will be gracious enough to let them...

[tealady51]

oh yes Hagen - any one wants to compensate me for distress (would be a first though) they may and I will accept with good grace.

 

How long do you reckon before I get the forms from the court re their defence - so far nothing - got to be patient, but once something starts I so want to get on with it.

[tealady51]

Still waiting for the Allocation Questionnaire to turn up from the court

 

At what point would you telephone the court to find out where its got to?

 

Or is it possible that though the bank has sent me a copy of their defence they have not sent it to the court?

 

Or would the court have sent it back if there is one name on the inside and another name on the outside?

 

They have until Friday(23rd) to actually file their defence.

 

Worried just in case something has gone astray in the post from the court.

 

Tealady

[tealady51]

further to the previous post I found this written by Caro

If you look in the A&L Successes forum you will see that they pay within a month of a court claim being issued, but will close your account after they have paid

]

 

It will be one month that A&L were served, they have 'till Friday to issue defence - although I had a copy of their defence dated 13th March but have heard nothing from the court so far. I think from reading they seem to have changed their tack.

[mcuth]

If the Defendant wants to file a defence, they have to send a copy to the court and the court will then forward a copy to you with the AQ. Given that the courts are "quite busy" () with these bank claims, I would allow 2 weeks from you receiving a copy of the bank's defence to receiving the court's copy & AQ.

 

I would call the court on Monday to check whether the bank has filed its defence in the time specified, and at the same time check on the AQ.

 

Cheers

 

Michael

[tealady51]

thanks Michael - just the info that I needed!

[tealady51]

Have my allocation questionaire - about to fill it in and send back with £100 cheque - so how much longer - I bet I will have to turn up in court! I shall keep my language moderate, and do some yogic breathing. I would be intrigued to know from a bank insider how they choose those to pursue and those to cave in to. This particular woman is not going to be cowed!, might even allow myself to go public.

[mcuth]

Have my allocation questionaire - about to fill it in and send back with £100 cheque - so how much longer - I bet I will have to turn up in court! I shall keep my language moderate, and do some yogic breathing. I would be intrigued to know from a bank insider how they choose those to pursue and those to cave in to. This particular woman is not going to be cowed!, might even allow myself to go public.

 

How much longer? Hmmm, how long is a piece of string? Patience is a virtue

You should always commence litigation in the frame of mind that you might end up in court - chances are that it won't happen, but you should always be prepared for it. After all, you are issuing a legal claim against a bank, and someone, someday is going to have to stand up in a court against them.

 

How do they choose? Well, your guess is as good as the rest of us - we don't really know. In most instances they settle - though there have been some cases that have gone to hearings on the Limitation Act (pre-6 years claims), and some on Contractual Interest, but as far as I know, not one basic claim for A&L has ended up court - so it's highly likely that they will settle out of court (they did on both my A&L claims).

 

Some AQ reading for you:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Cheers

 

Michael

[tealady51]

Thank you so much for the pointers - was looking for them especially the

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

now am slowing down so as I understand this thoroughly - so far what I have read makes a great deal of sense

 

so thanks again

[tealady51]

well now I think that I will indeed go down this track

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

And I will have all my court bundle etc printed as I send in my Allocation Questionnaire.

 

Interesting and instructional reading.

[mcuth]

And I will have all my court bundle etc printed as I send in my Allocation Questionnaire

 

I wouldn't do that just yet - only when you get nearer a hearing date (or the court orders you to). You don't want to be spending loads of time & shelling out for printing/copying/etc.. for a bundle if A&L settle up beforehand. By all means prepare it, but I wouldn't print it just yet

 

Cheers

 

Michael

[chain chick]

Tealady - Hold your horses, they have paid me £4292.92 and they sent me all the gubbins too. All the defence paperwork and the application to move to another court etc.

 

They also sent the cheque - So I can't see why you won't get one. Hang in there

[tealady51]

Hello Chain chick - did you have a good holiday?

 

Well I will wait for the post, but also get on with the AQ - although I have till the 6th April to get it to the court - so plenty of time.

 

And of course congrats:smile:

[chain chick]

Yes I did thanx - found a lovely house and was guzumped on the way home

So have to go back in a couple of weeks

 

So not all bad - Anyway, They only had 5 days left on mine, that is if they sent it on 14.03.07 I know I didn't get it on the 15.03.07. Still don't worry, they will not go to court, they can't afford to.

 

Take it easy

[tealady51]

AQ going in on Monday as per http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Thank you CAG

[j.barton1]

Hi Tealady, Ive just sent my AQ mine had to be in by the 4th, I also had a offer of half the amount...which i politely refused lol.

Jenny

[j.barton1]

Hi Tealady, Ive just sent my AQ mine had to be in by the 4th, I also had a offer of half the amount...which i politely refused lol.:o

Jenny

[j.barton1]

OOOOOOOOpppps Sorry lol

[fedupwithripoffs]

Hi

 

It seems you are doing all the right things and preparing for battle!! I used the money claim web site to start proceedings against the A & L after they denied that I had a claim as I had fallen foul of their terms and conditions which are illegal.The website is moneyclaim.gov.uk

[tealady51]

Hi Jenny - so far they have offered nought but court to me - so if thats where they want to go - so be it - as of Mondays date they will owe me £2,837.38 (including court costs) and its going up by 45p per day! I will take the AQ to the court, don't live too far from it, and send A&L their copy by recorded post. I knwo that eventually they will give in, they have for every one else, and I am not giving in:x Mine had to be there by the 6th. I am sure that you and I and lots of others will eventually get back all our hard earned money.

[j.barton1]

Hi Tealady, Do we have to send a copy to the bank? I havent but i could if needed, i did send them a letter with upto date interest etc and added i'd sent the AQ, should i send it?

 

jenny

[tealady51]

Jenny did you use the new strategy on your AQ? If you did its recommened that you send the banks a copy, I believe the stategy in the step by step procedures doesnt require you send a copy.

 

Hope that helps

 

tealady