A & L Claim by Me!

[seancarp007]

Hello all,

I've just received a letter from A & L solicitors stating that they are defending the claim.

Charges £2032( No Interest & court fees), Offered £1374,

I rejected this cheque and sent a letter with a new offer of £1832 Inc Court Fees.

After the telephone conversation I had this morning just to see if they had received my letter, they said they are going ahead with defending the claim.

Is anyone else at this stage, because I feel I am now in the court process, what do I do etc etc?

[bsia666]

Hi from a learner, I am at the same stage as you. You may find this helpful..................

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=14

 

I think there are at least 7-8 threads on the A&L bank forum at a similar point as yours. You could have a read at them.

 

I have started to prepare my court bundle to be sent as and when a judge orders it.

 

William

[thesergeant]

A&L are using every single trick they can to drag things out as long as they possible can. They will make offers, send you cheque's, tell you they will be there to defend etc etc etc. These are all tactics to save them money. People will accept the low offers, get scared and pull out altogether etc etc.

 

They are abusing their position, abusing the Court system all to make sure that they can keep hold of at least some of the money they have obtained unlawfully.

 

Stick to the process, they will not turn up at Court and you will get full settlement. Document all of their tactics and tricks. After settlement make a wasted costs application and hit them again :D:D

[seancarp007]

Thanks BSIA66 and Thesergent for your replies, you have made me more resolute in challenging A & L now than ever! They should not be able to intimidate people just for the sake of getting off with a lesser amount to pay (fine). Has anyone else been intimidated in this way?

[seancarp007]

Hello every one,

I've just recieved a leter from Wragge & Co Ststing that they enclose a copy of our (A&L) client's Defence by way of service upon you.

Is this a standard letter?

It states in Conclusion:

It is denied that the claimant is entitled to the loss and damage as pleaded. The claimant is not entitled to the relief sought, or any relief.

It is denied that the Claimant is entitled to Interest as is alleged or at all.

Insufficient Particullars of claim:

It is denied the the defendant has applied charges to the claimants accountas claimed, and the claimant is to put strict proof of the amount claimed, and that such amonthas been unlawfully debited from the claimants account.

It aslo states that i have failed to particularise the claim against the defendant adequately or at all , ( I have sent a list af all charges with the letters that I sent to A&L ).

A&L denied that the charges are punitive in nature and/or a penalty.!!

 

Am I suppose to fill in a court allocation questionaire otherwise I will have to travel to Northampton County Court?

 

And is this all posturing again by A&L

 

What do I do next can anyone help??

 

Sean

[MimiJane]

Hello every one,

I've just recieved a leter from Wragge & Co Ststing that they enclose a copy of our (A&L) client's Defence by way of service upon you.

Is this a standard letter?

It states in Conclusion:

It is denied that the claimant is entitled to the loss and damage as pleaded. The claimant is not entitled to the relief sought, or any relief.

It is denied that the Claimant is entitled to Interest as is alleged or at all.

Insufficient Particullars of claim:

It is denied the the defendant has applied charges to the claimants accountas claimed, and the claimant is to put strict proof of the amount claimed, and that such amonthas been unlawfully debited from the claimants account.

It aslo states that i have failed to particularise the claim against the defendant adequately or at all , ( I have sent a list af all charges with the letters that I sent to A&L ).

A&L denied that the charges are punitive in nature and/or a penalty.!!

 

Am I suppose to fill in a court allocation questionaire otherwise I will have to travel to Northampton County Court?

 

And is this all posturing again by A&L

 

What do I do next can anyone help??

 

Sean

 

I can't help you much re. the defence as I don't have my papers to hand, but I believe Wragge now have 2 or 3 defences on the go now (it was standard for a long time). Mine did state that I hadn't "particularised" my claim, so I sent them my charges spreadsheet, stating that I'd already sent this to A&L and the court and I hope it now clarified my claim. Yes, they're stalling as much as they can.

 

You'll get a "Transfer of Proceedings" from Northampton court soon, referring your case to your local court. You won't have to go to Northampton.

 

You will be notified by your local court as to whether or not you have to fill an AQ in due course. It used to be the case, and probably still is, that if your claim exceeds £1500, you still have to pay the £100 fee ... whether or not you have to fill in an AQ. When you hear from your local court, if the AQ's "dispensed with", give them a call. If you do owe them money, you have 14 days to pay it.

 

Hopefully someone will be along soon to advise re. Wragge's defence.

 

Hope the above helps.

 

Mimi

[allen0601]

Hi Seancarp Yes i agree with mimi this is all about dragging their feet and trying to look scarey:mad: But dont let it work! Im at around the same stage as you i received a&l's defence on 6th june and from reading yours mine is exactly the same, but as ive already sent two copies to both the court, A&L and to Wragge and co i can not see why i need to send them again.But if you havent then send them a copy again (u may as well).

I was told by some very helpful people here just to sit back and wait as thats the game at the min! However i would suggest read about the court bundle just to start getting your head around it just in case, theres a link for it on the main page

Sorry i know this isnt much help but keep reading threads and u will find the answers;)

Good luck

Nicky:lol:

[seancarp007]

Thank you both for replying to me, I'm glad that I now know someone is at the same stage as me.

Do Wragge really think that A&L can win or are they just advising thier client incorrectly

[gilly70]

hi sorry tojump on your thread but just to say i too am at the same stage as you had defence from wragges yesterday & it seems to say the same as most 'not particularised claim 'etc etc ..... am sending them a copy of schedule tomorrow & then wait

hope yours goes ok

gilly:rolleyes:

[jansus]

Hi

 

I am same stage as well.

 

I have received cheque as offer - which I am refusing - but trying to fid out if I definitely have to send cheque back as court proceedings commenced.

 

Getting a bit nervous as some odd things going on at some courts (mostly in Lloyds section). But I Will go on:D

 

jansus

[seancarp007]

Hello everyone,

Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?

[MimiJane]

Hello everyone,

Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?

 

Up to you ... I didn't bother, but it won't do any harm

[allen0601]

Hello everyone,

Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?

Hi different people interprit 'particulars of claim' in different ways it seems. Some people just take that as the list of charges while others say its the statement that you put on your either mcol form or the one you hand into the court initially.

So to cover both angles i would send the list of charges to everyone, better for them to have multiple copies than none! And also just look over your actual particulars of claim, just to check its all in order! ok?

cannot believe ive just wrote all that when ive got a hugh hangover:smile:

[seancarp007]

I've now phoned up Northampon court to find out where/what/when etc is going on with my claim. The nice woman on the phone told me that my claim has now been transfered to my local county court and I should here from them in a few days. Does anyone know how long it roughly takes from them till virdict?

 

Many Thanks

 

Sean

[jansus]

mine was trf to local court on 23rd june but still no correspondence since then,

 

It will all depend on how many claims your local court has to deal with and their backlog - so it is a waiting game at the moment . Keep your eyes open for news on the big bulk hearing at mercantile court this Fri and Hull on 4th July

 

Jansus:)

[seancarp007]

Hi, I've just recieved Allocation Questionaire and will fill it out tonight and post it to my local county court 2morrow, but before I do, do I need to enclose any other information with my questionaire?

[jansus]

New strategy for Allocation Questionnaires(

 

this might help - i found it in the general section

 

jansus:)

[seancarp007]

So what do I put in section G on the Allocation Questionaire?

Can any one help?

 

Sean

[squarebob]

Hi, this is what I put in section G (box)

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on *******

 

Hope this helps you.

Squarebob

[seancarp007]

Sorry but I dont understand,

 

Call me stupid as I'm new to this. I will need it spelled out for me

point 1 .....

point 2.....

point 3.....

etc, etc, etc

 

thanks again

 

Sean

[squarebob]

back again,

Simple, put what I wrote in the box marked G. Your attachments are;

1 sheet called section G, which asks the judge to set out 'Special directions, and the 2nd sheet is your Draft Order for Directions.

Still confused, go to the forum and look up Allocation Questionnaire, that might make things clearer.

Squarebob

[squarebob]

well I did post a reply but it seems to have vanished.

 

Go on the forum, look up allocation questionnare, and things will start to look clearer.

Squarebob

[jansus]

allocation questionaire ???????

 

 

I dont know if post 4 will help?

 

Jansus:)

[seancarp007]

Thank you,

 

It has made things clearer and will put in section G

my Draft directions. Once done and get back a court date

how many people actually get to court and how many people

recieve a cheque by the defendant the day before for the

whole amount wasting ours and court time I wonder?

 

Sean

[MimiJane]

Hi there,

 

There seem to have been a few preliminary/direction hearings recently where the judge tells you in person what he requires you to submit for the full hearing. Also, on occasions, the judge has made a decision at some of these hearings:shock: Wragge have turned up at a recent preliminary also but, as far as I'm aware, never at a full hearing.

 

It's not uncommon for them to settle just prior to the court case.