MJ versus A&L ***WON***

[MimiJane]

Hi fellow claimers:-) My first post here ... looking for a little advice and reassurance.

 

I've been through the letters stage, got all the standard replies and have just started court proceedings online.

 

My first concern is that, initially, the spread sheet of charges sent to the bank excluded any interest calculations (as per the step-by-step instructions on this site). WhenI submitted the claim online, I did not attach the interest charges, but just put the interest figure in the particulars so, to date, neither the court nor the bank have a spread sheet detailing these (though I have since prepared one to include all the details). My question is ... should I wait to hear from the court/bank before submitting this?

 

Secondly, I included all monthly OD charges in my calculations ... have others done this also? Is this correct? I'm claiming for 6 years' worth of charges and an overdraft facility was arranged approx. 4 years ago. These monthly charges make up a large amount of the claim, but are A&L likely to contest these and use this to delay matters do you think?

 

These two points are really worrying me and I'd be grateful for any advice.

 

Thank you.

[MimiJane]

Many thanks for the reply. I did include the interest total when submitting MCOL, but did not include the spreadsheet with the charges included.

 

I've today had a cheque from A&L, which is nowhere near what I'm claiming for, so am returning it. Now is perhaps a good time to include the spreadsheet to include the interest, so that at least the bank have it.

 

Just wondering about hearing from the court ... I imagine at some stage I'll get an AQ or something to complete, at which time might it be appropriate to send them the interest schedule then, or should I send it now do you think?

[MimiJane]

Thanks so much for all your help ... I'll prepare the letter and ring the court tomorrow.

 

x

[MimiJane]

Don't worry, I will, especially as you've been so helpful.

[MimiJane]

Hey,

 

Ive just read this, http://www.consumeractiongroup.co.uk/forum/abbey-bank/84420-case-struck-out-help.html

Get your spreadsheet in ASAP!

 

Thanks for the warning ... I'll act swiftly.

[MimiJane]

Having received the "standard" replies to the two letters, I started proceedings with MCOL on 10/4 to claim over £3k (on behalf of a relative). They sent a cheque for a quarter of this amount and a letter's gone off to them today rejecting it, returning the cheque and also sending them a list of interest charges she's now also claiming for (which I also emailed to the court after speaking to them).

 

They have just acknowledged and all the bumph arrived with my sister this morning. Fully expect them to defend now they've had their "thanks, but no thanks" letter.

 

I'm a little nervous about the charges list as I've included all the monthly OD charges ... a long story and I've no idea if these were within her overdraft limit, but I've read a couple of success stories where they've been claimed and A&L have paid up, so fingers tightly crossed. Anyone know what's likely to happen if they dispute these charges

 

Anyway, for now I guess it's a waiting game to see if they decide to defend or not (fully expecting them to).

[MimiJane]

Are you doing the claim for someone else?

 

Yes, I'm doing the leg-work for a relative. Not sure what to do (if anything) about these £5 monthly OD charges which I've included on my schedule and submitted to MCOL and the bank. Any idea what will happen if I just leave things as they are? Any help appreciated ... I'm worried!

[MimiJane]

Hi guys,

 

Hope someone can help me here ...

 

I inadvertently included some OD monthly charges of £5 in my interest schedule which has gone to MOL and the bank (though I gather the £10 and £25 are OK to claim back). These "extra" £5 charges make up about 4% of my claim. The bank have just acknowledged and I'm now really worried the case will be struck off, knowing how awkward A&L can be.

 

Anyone have any idea what might happen if I sit tight and wait? I'm a bit loathe to start altering things as it could prove to be pretty messy as I'm claiming for someone else.

 

Any help much appreciated.

[MimiJane]

Many thanks for the reply. I've spoken to the court and they're not supposed to give you any advice on these matters, but still think I'm more inclined to see what happens. The amendment process looks so complicated and the bank have already acknowledged ... I'll have a think.

[MimiJane]

Thanks, any reassurance greatly appreciated!

 

I'm already going through my sister's defence in my head : the bank had a list of charges and didn't identify these as being unclaimable, just stated ALL are unclaimable, which we know is incorrect:rolleyes:, etc., etc.

 

Wondering how the bank are going to play this one ... should be interesting (if pretty frightening ). I'll keep you posted.

 

x

[MimiJane]

No problem ... grateful for your input at any time mochamoo

[MimiJane]

I've had my MCOL claim acknowledged and the bank now have 'til 15/5 to state if they want to defend my claim. My problem is that I'm away for a few days around this time without access to a computer so, if A&L decide not to defend, I'll not be able to click on the "request judgement" button. I'm sure they will decide to but, if they don't, will it make any difference that I'm not around?

 

I keep reading about people staying up 'til after midnight to request judgement, but surely this won't make any difference ... either the bank decide to defend or not, or do they have some leeway after the deadline date If this is the case, I'll have to speak nicely to a reliable friend/relative

 

Any advise would be most welcome.

[MimiJane]

Many thanks for the useful info. No internet cafes where I'm going, so looks like I may have to get a friend's/relative's help. By the way, would I be able to apply for judgement on the morning of the 28th day, or would it be the 29th?

 

x

[MimiJane]

Getting worried now ... has anyone had to go to court who's claiming from A&L? Is it really worth starting to prepare a court bundle as soon as they put in a defence (which I'm expecting to happen soon) or is it worth waiting a couple of weeks to see if they pay up, that's if the court date isn't imminent of course? I'm finding all the court bundle info. so confusing, but appreciate that, to get it right, copied, etc. is going to take some time.

[MimiJane]

Thanks for this. Presumably all this applies when filing for judgement on MCOL?

[MimiJane]

MJ, you really want to chill!

 

As the saying goes 'don't cross your bridges before you come to them'. You're just storing up trouble for yourself if you do. Unless of course you're one of those people who just love to worry.

 

I've always found that worrying over something doesn't make it any better, and if what you're worrying about doesn't happen then you've worried for no reason!

 

If you've followed the tried and tested formula of the BAG, you'll be fine. A&L use scare tactics, and reading round the threads you'll see it works, most people are scared witless! They keep up the fight though, that's the main thing. Just like you are doing.

 

Forget about the court bundle for now. Read round the threads again and take comfort from those who've finished the fight and received their money.

 

You WILL get your cheque.

 

Yes, I'm worried ... partly because I included some service charges I should not have done and partly because I'm claiming on behalf of a relative who can't cope with any of this at the moment for personal reasons. I've told her not to worry about anything and I'll do all the worrying for her ... can't let her down can I:rolleyes:

 

Seriously, thanks for the kind and wise words and I will try to chill

 

x

[MimiJane]

Thanks Mochamoo Once this is all over, my sister can take me out to get wildly drunk ... the least she can do.

 

I'll keep you posted ...

 

x

[MimiJane]

Defence arrived this morning (as expected!)

 

My sister is bringing it over tomorrow, so I can have a look at it. Am I right in thinking she doesn't have to reply to it? I'll have a look through and, if I'm not sure about any of the points ... "I'll be back!"

 

Expect an endless stream of questions to all you good people:rolleyes:

 

x

[MimiJane]

Can someone help please ...

 

I've read my sister's defence and Clause 10 states the following :-

 

"The claimant has failed to particularise the claim against the defendent adequately or at all and the claimant is requested to particularise each and every charge that the claimant alleges the defendent has added to the account, specifying the amount charged, the dates of the charge and the explanation given for the charge".

 

Clause 11 :

 

"The defendent repeats paragraph 2 above."

 

The full list of charges and interest has already been sent to the bank (and the court) ... should I also forward this to the solicitors? If so, should I just keep the letter brief and give them no further info.?

 

I've inadvertently "over-claimed" some charges (£5 OD monthly charges) to the tune of £200 (a small proportion of the claim ... should I just let it continue and claim ignorance?

 

Thanks for any help.

[MimiJane]

Don't want to start another thread as such, so please see my thread below ... I'd really appreciate a reply:

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/84991-mj-versus-l-2.html

[MimiJane]

Thanks for the reply.

 

The POC are worded as per the template and do tally with the schedule ... everything's been done to the book, apart from the service charges I'm uncertain about. Not sure if my sister was overdrawn at the times when the £5 was charged, I'll have to check. As these charges were incurred over a number of years, I would say at times she was and at times she wasn't.

 

Do you think it best just to send the detailed schedule to the solicitors (who are claiming the charges are not particularised) and see what happens from there?

 

Thanks.

[MimiJane]

Many thanks for your help

 

No doubt I'll be back soon with more questions when I hear from the court

[MimiJane]

Hi there,

 

I've read a couple of posts in other forums where people are presuming that, if the bank's solicitor doesn't turn up in court for the hearing date, they automatically win by default.

 

I was under the impression that you still had to state your case before any judgement was made, even though it obviously wouldn't look good if the defendant doesn't turn up:rolleyes:.

 

Which is right?

[MimiJane]

Can someone please give me some advice ... I've now had notification that proceedings have been transferred to my local court, though no date as yet :-

 

- I've been told there's no AQ, but a fee may be payable, so will ring the court re. this.

 

- I have 14 days to apply to have it set aside, varied or stayed. Is this when I should now send off the Draft Order for Directions to ask the judge to consider it, or should I wait for a date first?

 

- Also, is now the right time to send the first "nudge" letter to Wragge (when I know from the court if an extra fee is payable)?

 

- Do we continue to work in calendar days rather than working days?

 

- I feel that I should start to get my court bundle together. I've read that 3 copies are required, but that you should take the originals to court. Isn't it therefore only necessary to have 2 copies ... one for Wragge, one for the court and I take the originals? I don't obviously intend to copy the bundle yet, but would appreciate knowing in advance as there'll be so much to copy if needs be.

 

Any help with the above much appreciated.

[MimiJane]

Hi Caro,

 

I want to send you a PM, but you have no space left ... could you clear some space for me please.

 

Mimi x