Me vs A&L

[noisypinkbubble]

Got a letter, basically saying they don't think the fees for unauthroised overdrafts would count under "default charges" , and that they are prepard to refund me £185.50 which is the total if each charge was at £12 ("£12 being the amount the OFT indicated was not unreasonable in relation to Credit Card default charges)

 

My claim including court costs & interest is 1200, £960 before that - where do I find a letter telling them where to shove it?

[Michael Browne]

See here:

Rejecting Offers

[noisypinkbubble]

Thanks!

[noisypinkbubble]

Gonna send the rejection letter off tomorrow, as I need to do it from work

 

Today received letter stating intention to defend from Wragge & Co, do I need to do anything now or just wait?

[blimeyboy]

Standard response. I presume you have an OPEN account with A&L?

They are trying to scare you into dropping your claim

[noisypinkbubble]

I have an account, but I switched current accounts 18 mths ago, the reason I started this was they didn't cancel a dd for £5 despite numerous requests, which kept ending up putting me over my £100 overdraft limit, and then refused to increase my overdraft unless I put more than £1000 in (which I could only do with my wage if they could match the £300 overdraft I had elsewhere)

 

I'm going to go in on Saturday when I can walk painlessly (slipped at work and sprained foot ligaments) and pay off the overdraft. Thankyou for the advice, there's no way I'm dropping it, they've already offered me more than I owe them, I'm like a dog with a bone now!

[blimeyboy]

Yep just hang in there.

have A&L acknowledged your claim via MCOL yet`?

[noisypinkbubble]

On Mcol it just says Issued, so I don't think so. I had to send an amendment form but that went Monday, so maybe that's why? Or maybe they are doing the usual and just delaying it!

[blimeyboy]

whats the issued date?

[Kandinsky873]

Good Luck Noisy

[noisypinkbubble]

whats the issued date?

 

17/04/07

 

Kandinsky - Thanks

[Kandinsky873]

Keep a very close eye on your MCOL. Check it every day before 9am and the second you get the opportunity to enter judgement by default which will be 14 days after it is deemed served if they dont acknowledge or after 28 if they dont enter a defence hit the judgement button. Once that is in they are stuffed. MCOL will only let you enter judgement after the relevent periods....it worked for me, so get in there first. Good Luck and Go get em

[blimeyboy]

pink bubble.

Yours is slightly different in that your claim was originally issued on 17th April.

5 days after that its deemed served 22nd April

14 days to acknowledge = 6th may

if they acknowledge = 20th May.

I would check with the court in your case though as you had to send out an ammended claim.

Hope it helps

[noisypinkbubble]

Thank you both so much, I'm not one for this sort of stuff so it's so good there's a forum full of helpful people like you to guide me along

[noisypinkbubble]

Well they acknowledged the claim yesterday, so I guess I wait 28 days from now?

[blimeyboy]

You will receive notification from the court in the next couple of days. I am sure A&L have ticked the box that says - we intend to defend in full.

 

So your timetable is 33 days from the date of issue ( if they 'intend to defend')

If all they do is acknowledge the claim then its 19 days from date of issue

[noisypinkbubble]

I've just received a letter from Wragge & Co with their defence details.

 

Waht worries me is on the second page (points 9-11) "Insufficient particulars of claim"

 

"It is denied theat the Defendant has applied charges to the claimants account with the defendant as claimed and the claimant isput to strict proof of the amount claimed and that such amount has been unlawfully debited"

 

The claimant has failed to particularise the claime adequately or at all, and the claimant is requested to particularise each and every charge that the claimant alleges the defendent has added tho the account, specifying the amount charged, date of charge and explanation"

 

All that was sent to the court & to A&L after I filed, as a copy of my spreadsheet, admittedly by normal post not recorded but I know it's gone , it went monday. What shoudl I do now, am I likely for it to get struck out? My particulars of claim were takenn from the template library here

[Michael Browne]

am I likely for it to get struck out?

No, it's all bluster. The court may agree, in which case you will be sent an order allowing you to submit fuller POC's. Only if you didn't comply, would the claim be struck out. There's nothing to worry about, it's a standard defence.

[noisypinkbubble]

Michael Browe - thankyou.

 

I haven't received anything from the courts yet, however I haven't collected todays mail. Checking MCOL under status is says "Defence" and "17/04/07" which was my original issue date (not the amended date). Where should I be calculating to now?

[noisypinkbubble]

Just checked the claim and they didnt amend it, so rang and was told I included £5 less than I should've, so they've returned all the documents to me tuesday 2nd class - I haven't got them yet, and that includes the cheques Better redo the amendment, but could this effect in a negative way? The initial claim was filed 17.04

[noisypinkbubble]

I've just been told I went over the character limit, they're returning my amendment and I have to redo. According to word it's 19 lines, 945 characters, am I seeing things or are they wrong?

[noisypinkbubble]

Well according to HMCS they sent my cheques and amendments back 2nd class on the 3rd. Not recieved it yet Got a letter saying it's being moved to my local court as defence has been filed (does this mean I'm too late to make my amendments, because HMCS have really mucked me about with them)

 

Thanks for the help

[noisypinkbubble]

Anyone?

[Michael Browne]

No you can amend it at your local court where space limitations won't apply

[noisypinkbubble]

Thanks, I've finally got the paperwork nback despite them "sending it" on the 3rd... I wouldn't have waited but I wanted to reuse the cheques as my book has gone awol.

 

With the case that a bank just won I'm scared they'll actually take this to court, I really can't go to court. I work for a bank and it could be terrible... I'm going to look for those new template letters I saw to do with the dispension of the AQ, and write to their solicitors offering to settle for the amount - interest + court cost. I think