willpat v alliance & leicester

[willpat]

Hello . I have followed the Martin Lewis Money saving expert advice and so far obtained my charges info from the Alliance. Ive issued them with two letters asking for a refund and the offering to settle for a lesser amount. Each letter has been replied to but declined.

I've now started my claim with money claim online and claimed the full amount plus interest. Again I've followed the Martin Lewis info. The advice on this site now points me in the direction of the Consumer action group. I've also purchased the guide book to the small claims process. The stage I'm now at is that my claim status with money claim states that my claim has been issued on the 15th Feb 2006. It also states that the defendant has 14 days from the date they are served with the claim to reply. Does anyone know if the date they are served with the claim is the same as the date of issue?

[bp]

hi, i'm not 100% sure but i think not. the dates are different. I haven't done a claim via MCOL but if it works on the same principle as via the county court then it would be a few days before the claim is deemed served on the defendant. There should be a way of you finding out. Does the MCOL site not get updated regularly so that you can find this out? Other way is to contact them and see if it has been served and when.

[willpat]

Thanks bp. I've emailed the MCOL with the question so I should find out from them. If not I'm hoping the small claims procedure book will help. i'll update the group as things happen. thanks.

[chain chick]

It is deemed as served 5 days after the filed date. I also filed with MCOL on 15.02.07 and received a hard copy from the court explaining that it will be deemed served 20.02.07. The defendant has until 6th March 2007 to reply

 

Hope that this helps

[willpat]

Thanks chain chick. I've received the hard copy today from the court. You're spot on the defendant has until the 6th march. much appreciated

[chain chick]

Same as me, so we will have to see who gets paid first, coz the drinks are on them:D

[willpat]

Absolutely! This is really good having someone else at the same stage with the same bank. I'll keep in touch. good luck!

[chain chick]

I received a letter thanking me for taking the time to highlight my concerns

 

They enclosed a leaflet explaining that they are comitted to resolving complaints as fairly as possible

 

I can call on 0151 966 2983 if I want

 

Yeah right! Do people really get put off at this stage :?

 

I will just sit quietly and wait for my money to be returned to me

[willpat]

Hi there. I have now received my acknowledgement of service. So now they have 28 days from service date to file a defence. I didn't expect to get an acknowledgement so quick.

[chain chick]

So the date of service was 20.02.07 - and then you have 28 days 20.03.07 is the latest time they have to file their defence

 

I have heard nothing, I have been checking but they haven't acknowledged my claim yet.

[willpat]

Hi there. From reading the other threads i get the impression that there is no standard response from the A&L They seem to settle some and take others right to the end. I've started to research the next steps now as I expect to have to go to court.

[chain chick]

I would be amazed if they actually go to court. They haven't gone to court to defend against ANYONE else. So I can't see that they would start with you. It's not like you are asking for bundles and bundles

 

They cannot aford to set a precident. Say they do defend and lose. They then would not be able to charge any of their customers £30.00 to bounce a dd it would be around £2.00/£4.50. Also all the previous charges could be claimed back. Not with all the aggro we have had, but with a simple letter. they really really don't want that.

 

well that is how I understand it

[willpat]

Hi there. Yes i think you're correct. they don't want to go to court but i still think that they'll make me go through all the stages before paying up. I'm committed to doing just that. it's good to see others being successful. makes me all the more determined to see it through to the end.

[chain chick]

I must admit I waivered today when they phoned and offered me £3627.40 - Well offered £1500 first, I found that really easy to say no to, but when they offered the £3627.40 was very tempted.

 

Have stuck it out for the whole amount though. £4275.22 as of today, I told her it is going up each day that they don't pay. She said how much would I be prepared to accept £4275.22 said I.

 

Anyway, lets see what happens next. She said see you in Court - yeah right

[willpat]

Why do they threaten and posture like this? They know they won't go to court. look at the media attention this is getting at the moment. Plus the FSO is ruling in a couple of weeks. That's going to open it up to everyone. They will pay up we've just got to hang on in there.

[moneyback!]

Hi Willpat, I have just had my account with Alliance & Leicester credited back with £50 today 23rd Februaryafter sending them a letter on Wednesday 21st February claiming refund for two £25 fines for exceeding my overdraft limit, I know this is a relatively small amount compared to you But I notified them of my intention to pursue it in the county court,.via the standard letter template If they did not give me a satisfactory reply within 14 days. This is the second time I have had to do this with A & L after reclaiming a £25 fine for the same situation previously, It appears to me that they pay up if it is a small sum involved and they know you mean business. I would add that on all three occassions I went over my limit by one day only and they also paid me back half of a £35 fine for a bounced cheque! when the funds had been available all the time over the Christmas period but I did not pursue the difference at the time

[younganfree]

Charges are made automatically and as a rule customers just accept these as (up until now and only with the current exposure in the media by the likes of Martin Lewis) they believe the banks are in the right to chastise their transgressions.

However, it is discretionary, and sometimes (not always unfortunately) a letter or a phone-call is all it takes for them to see the sense in the situation and make amends.

[willpat]

I suppose the fact that they don't have a standard response to every claim just shows that they don't really know what to do to get the result they want. Fortunately we DO know what to do. I've seen on the TV today that 'Which' also have an advice site. They recommend a complaint to the FSO and no court proceedings. According to 'Which' banks have settled before any FSO investigation. There is a ruling expected in a couple of weeks. I wonder how this will impact on pending court proceedings. Any ideas anyone?

[jansus]

Why do they threaten and posture like this? They know they won't go to court. look at the media attention this is getting at the moment. Plus the FSO is ruling in a couple of weeks. That's going to open it up to everyone. They will pay up we've just got to hang on in there.

 

I suppose if the FSO rule that the penalties are unfair they will have to put a guide on what is fair? wonder if they will give a guide say £10 per charge? then we will only be able to claim the balance:?

 

Wish I had started this earlier:-|

 

Best of luck with your claim:)

[chain chick]

Didn't the FO say that £12 was a charge that they would not investigate, for late payment however if it was over £12 then they would.

 

I read on another thread that it makes no difference to the charges claimed back from CC companies. As this is a guideline, should the company feel that charge is fair, and you don't they would then need to appear in court and justify that claim

 

This would mean showing how much it actually costs them. so you would need to push the banks a little harder, but they would still need to cave, if they did not want to set a president.

 

I may be completly wrong, but that's how I understand it anyway.

[willpat]

Yes that's how I understand it too. The banks don't want to set a precedent so they have to settle prior to going to court but if the FSO said, say, that 12 pounds was fair how would that affect our claims?

[willpat]

Thanks for your reply jansus. I wish I'd started earlier but nevermind its still worth doing just to get back at the bank. By the way I've opened another account just in case

[younganfree]

I agree with this reading of the situation.

The banks can try settling with the figure the OFT may come up with, but it will still be up to the individual if they wish to press for the full amount, as it will presumably be an arbitrary figure that the OFT comes up with (as they did with the credit card charges).

Botom line is 'wait & see', I think.

[willpat]

I didn't think I'd be saying this so soon but I've won! out of the blue today I received a letter from the A&L with a cheque for the full amount! The letter states ' We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim. This decision should not be regarded as an admission of liability on the part of the company as we consider the charges to be fair and reasonable. We therefore now enclose our cheque in the sum of 1183.75 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton county court confirming that the case has been settled. As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation."

So, there you go. its worked! I'd like to thank everyone for their encouragement and help and wish everyone success in their claims. good luck!

[younganfree]

WELL DONE, AND CONGRATULATIONS!