A&L Refuses refunds

[arsenal98]

Thanks for the response, what do you need to know?

 

I have followed the various threads on this website.

 

I submitted a claim form along with the fully completed "schedule of charges" claim form to my local court on the 22/05 and they served it on the A&L with a "deemed to be served date" of the 24/05.

 

Wragge and Co (the A&L solicitors) gave notice that they intended to defend all of the claim in a letter dated 01/06 and in the same post I received a partial settlement cheque from A&L for around 20% of my claim. If I accepted this, it would be in full and final settlement.

 

I wrote to A&L on 09/06 turning them down and then today received this letter from the solicitors stating that they intended to defend the claim with also the queries I posted in #24.

 

To be honest, at this point I am seriously thinking of accepting the partial payment as the defence submission from the solicitors has left me totally baffled and I wonder if it is worth the hassle in prolonging this.

 

I really would appreciate some views of members of this group and advice as to my questions in #24.

 

Thanks very much.

[caro]

The particulars of claim should have been something like this. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[arsenal98]

Caro, thanks for your help.

 

That's exactly the template that I used to submit my claim to the court.

 

I'm still concerned though as to the points I raised in #24. Are you saying that as I long as I used the template you have mentioned, I shouldn't have any concerns as to the claim by Wragge and Co that I haven't supplied sufficient "particulars of claim"? does everyone get this sort of defence document containing the same details?

[caro]

I've only seen Mimi-Jane's defence, but point 9 was exactly the same. Her case isn't yet settled, but I'd say as long as you submitted a schedule of charges with your claim that is covered. Remember, they are trying to intimidate you into giving up, but stand your ground and I'll be surprised if you don't get 100% of your claim plus 8% interest.

[sea-sidelady]

It does seem that quite a few of us have recieved the same defense papers from Wragge & Co.

[Jess68]

Yeh most of you have, thats y i am worrying cos mines different. Posted mine in my thread but its not same as everyone elses i dont think... still waiting for someone to state they have the same as me *worried

[MimiJane]

Thanks for the response, what do you need to know?

 

I have followed the various threads on this website.

 

I submitted a claim form along with the fully completed "schedule of charges" claim form to my local court on the 22/05 and they served it on the A&L with a "deemed to be served date" of the 24/05.

 

Wragge and Co (the A&L solicitors) gave notice that they intended to defend all of the claim in a letter dated 01/06 and in the same post I received a partial settlement cheque from A&L for around 20% of my claim. If I accepted this, it would be in full and final settlement.

 

I wrote to A&L on 09/06 turning them down and then today received this letter from the solicitors stating that they intended to defend the claim with also the queries I posted in #24.

 

To be honest, at this point I am seriously thinking of accepting the partial payment as the defence submission from the solicitors has left me totally baffled and I wonder if it is worth the hassle in prolonging this.

 

I really would appreciate some views of members of this group and advice as to my questions in #24.

 

Thanks very much.

 

Hi there,

 

Have you sent Wragge a copy of your charges schedule? This is what I did as they stated I had not "particularised" my claim. I stated in the letter that I'd already sent it to A&L and the court and that I trust this clarifies my claim.

[arsenal98]

Hi MimiJane, thanks for the post, it's appreciated.

 

I did think about sending Wragge and Co a copy of the charges schedule, but as this was attached to the original court papers submission, I would have thought that it was up to A&L to have supplied their own solicitors with all the relevant paperwork.

 

If they fail to do that, do you think that that strengthens my case in the eyes of the law? if they can't supply their own solicitors with all the paperwork, what case can they have to answer in court!

 

This is exactly the type of problem a lot of us going through this process will get and I wonder which is the right way to go with it.

 

Anyone out there got any other thoughts on whether it is down to me to supply the A&L solicitors with the relevant paperwork?

[MimiJane]

It's all delay tactics I'm afraid ... this is in every defence as far as I know so, rather than delay things further, most are being advised just to send the schedule again.

[Bigmark]

hi arsenal i think it will help your case

have a look at bbc news 24............ good day for claims in london mercantile

[arsenal98]

Hi everyone, thanks for the posts.

 

I'm going to sit tight and wait to see what I get back from my local court and then read up a few more threads on here!

[arsenal98]

Just got a letter from A&L and I haven't seen this mentioned on any other threads.

 

I turned down their partial offer but said in a letter to them I would accept a settlement figure of around 80% of my claim otherwise I would see them in court. I then received a letter from their solicitors saying they would defend the case. 10 days after that (ie today) I get a letter from A&L saying that they "thank me for taking the time to contact them" and that they are looking into my case and will respond ASAP.

 

Has anyone else had this letter and if they have, what happens next?

 

Thanks again!!

[MimiJane]

Just got a letter from A&L and I haven't seen this mentioned on any other threads.

 

I turned down their partial offer but said in a letter to them I would accept a settlement figure of around 80% of my claim otherwise I would see them in court. I then received a letter from their solicitors saying they would defend the case. 10 days after that (ie today) I get a letter from A&L saying that they "thank me for taking the time to contact them" and that they are looking into my case and will respond ASAP.

 

Has anyone else had this letter and if they have, what happens next?

 

Thanks again!!

 

I've had this "computer generated" letter four times!! Had another one today after submitting the court bundle and getting a hearing date for August. It's just that ... computer generated and doesn't mean a thing.

[arsenal98]

Can I ask for more advice please from everyone out there as I am totally confused by the situation now!

 

Wragge and Co have filed a defence on the 20/June - they had until the 28/June to do it.

 

Can someone tells me what happens now? I haven't heard from the courts, am I meant to get in touch with them? how long will it be until my case is heard in court? is it days, weeks or months? does anyone know at what point A&L may get back in touch with me or will this now actually go to court?

 

Thanks!

[jansus]

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=michael+browne

 

this might help.

 

I am not quite as far ahead as you - but I filed on MCOL and they did not even transfer to local court untill Wragges filed a defence. Still do not have a date.

 

I am sure you will hear from the court soon but give them a call if you want to put your mind at rest. They are probably snowed under!

 

There is one A&L case at the mercantile court on Thurs - so keep your eye out for result.

 

Jansus:)

[caro]

You will get a copy of the defence and hear from the court about what will happen next.

[arsenal98]

Afternoon everyone.

 

I decided not to take the partial sttlement and wait for the court date, which has been set for the 20/August.

 

I recieved a letter from the solicitors (Wragge & co) today stating that they have been instructed by their client (A&L) to offer me a higher sum plus my £120 court costs. The new settlement figure is around 40% of my original claim.

 

Is this normal to get a second settlement offer? if it is and I turn it down, has anyone ever had a third settlement offer or will I need to go to court?

 

Any advice would be gratefully received!

[MimiJane]

As it gets nearer to court, the more they'll "up" their offer. My court date is a week on Wednesday and they've just offered 80% (minus interest and AQ fee) ... told them to stuff it, as I've applied for judgement by default anyway as they didn't submit their court papers. This second offer is over £2000 more than the original one.

 

Then tend to "panic" as it nears the court date, so hold on there. It's unlikely you'll have to attend court. They'll either pay in full near your court date, or you'll win by judgement by default.

 

Mimi

[arsenal98]

Hi Mimi

 

Thanks for the response.

 

You have virtually made up my mind to refuse this second offer and see what they come back with.

 

My only concern is that I would have thought that by now all the banks would have had consistent approach to these claims, but it appears to me they are all over the place.

 

Just reading the A&L threads, some people appear to have had a fully paid up settlement virtually straightaway, some people get several offers as the court date approaches, some people are consistently turned down and some people settle on the steps of the court on the day of the case.

 

Has anyone got any ideas as to why the banks (A&L in particular) adopt a different approach? after all, all the cases are basically the same, we are reclaiming inflated bank charges, so shouldn't they adopt the same approach to claims? after all, how much are they paying their solicitors to "defend" every case and then settle at some point before the case gets to court? (yes, I probably am being innocent in my thinking!).

[MimiJane]

Probably to confuse us all:rolleyes: They know a lot of us rely on these forums and are maybe hoping to catch us out by making sure what we think might happen doesn't! Hence we get frightened, think they've singled us out and agree to an early (and low) settlement figure. But, we know better than that and will pursue it to the end.

 

No excuses, help all the way on here, as well as reassurance and support.

 

They do sometimes pay up in full with smaller claims ... I've noticed quite a few under about £700/£800 paid in full in the early stages, but still rarely before court stage.

 

Mimi x