Just Been To Court!!

[dj9928]

I got my statements sent a letter asking for my money back, they declinded.

 

I sent another threatening court, they declinded again and sent the terms and conditions rubbish.

 

I phoned and spoke to a manager who again declinded.

 

So I started a court claim on 6th April for £997 + £200 odd interest, whats likely to happen next and on what sort of time scale are we talking? Also can I get a default removed that they gave me?

 

Many thanks

[tealady51]

Hi - have you read the step by step thread - here it is: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

And if you read some of the othere threads you will see how it goes with A&L.

 

A&L settle at different stages, some they seem to take almost all the way and others get settlement as soon as court action is started, but you will get your money back.

 

take care

 

tealady

[dj9928]

I filed my claim and court papers where sent out 5th April, A+L are either ignoring them or they haven't received them.

 

What happens next? Are A+L Known to be this akward? I mean I had quite a task getting my statements 45 days I bloody waited on them,

 

I have to say they where super quick in replying to me when I asked for my money back twice with the usual terms and conditions crap.

[lesh45]

oyu are at the same stage as me.. i put my claim in to my local court on the 5th April 07.. i have a letter from a firm of solicitors saying that the A&L have asked them to defened for them.. but they have until this Thursday to put in a defence. then i am going to the court in the afternoon to file a judgement. bet they will put a defence in on thursaday as they will give them another 28 days..

 

HAVE YOU HAD A LETTER FROM A FIRM OF SOLICITORS ?

 

nice to know that i am not the only one at this stage.. nerve racking isnt it !! but good luck to you.

[dj9928]

oyu are at the same stage as me.. i put my claim in to my local court on the 5th April 07.. i have a letter from a firm of solicitors saying that the A&L have asked them to defened for them.. but they have until this Thursday to put in a defence. then i am going to the court in the afternoon to file a judgement. bet they will put a defence in on thursaday as they will give them another 28 days..

 

HAVE YOU HAD A LETTER FROM A FIRM OF SOLICITORS ?

 

nice to know that i am not the only one at this stage.. nerve racking isnt it !! but good luck to you.

 

 

No ive got nothing, as I say they haven't even acknowledged the claim yet.

[livelylad]

Did you recieve a notice of issue from the courts?

 

 

Ok once the claim is issued it takes 5 days to be deemed served, they then have 14 days to acknowledge the claim, should they acknowledge the claim they get a further 14 days to enter a defence total 33 days.

should they not acknowledge the claim you can ask for judgement also should they not defend the claim you can ask for judgement.

 

I make it the 24th until they have to acknowledge.

[Kandinsky873]

dj9928

I am in the same position as you. I filed on 4 Apr and the claim was deemed served on 9 Apr (5 days). I too have heard nothing and they have until 23 Apr to acknowledge (14 days). If they have'nt then I will file for judgement first thing on 24 Apr, so yours should be the same, only a day later on the timetable.

Just a matter of patience really. Having looked at the A&L success threads they appear to pay out within 28 days of the claim being served.

 

Good luck to you

[blimeyboy]

Looking through lots of threads it appears that A&L take different tactics depending on whether you have a open account or a closed account. Solicitors letters appear to go to those with open accounts perhaps to scare you into dropping your claim.

They know that those with closed accounts will proceed regardless. So they delay paying up for as long as possible.

[dj9928]

Looking through lots of threads it appears that A&L take different tactics depending on whether you have a open account or a closed account. Solicitors letters appear to go to those with open accounts perhaps to scare you into dropping your claim.

They know that those with closed accounts will proceed regardless. So they delay paying up for as long as possible.

 

 

Well my account is a closed account so that probably explains it then,

 

I got all the liturature from the court so I presume Alliance and leicester have also and are just playing silly beggars at the min

[blimeyboy]

They acknowledged mine within 2 days, no defence filed at the mo and thye have until the 28th April to do so.

Keep twidlin them thumbs

[dj9928]

Its odd they haven't acknowledged mine, they'll probably do it on the last day and file a defence or something to be akward

[blimeyboy]

Its is a little strange that they have not acknowledged yours. Have you checked to make sure it was issued and which address did you use?

[dj9928]

I used my local branch

[lesh45]

i am also at the same stage. but my court letter says they have until the 19th to file a defence... but i have had a letter saying a firm of solicitors will be defending the A&L but as yet no defence has been put in to the court.. just wondering if it was worth ringing the A&L and asking if they would like to settle out of court.

[blimeyboy]

I would not call the at all.

They have had a month to settle out of court.

Just hang on in there the money should be with you soon.

[ockers2011]

They must be really busy at the old A & L, not only are they giving back tons of dosh but now having to pay court costs, added interest and additional wages as they have a new department dealing with all our claims. I hate them with a passion and have already got my sympathy card ready.... not!!

 

Filed on the 2nd April my MCOL acknowledged on the 5th, not heard a thing! expect them to drag this on like they do with everything......

 

Will keep watching good luck everyone x

[Beserker]

I was lucky in that they lost my claim! I just pushed for judgement after 28 days, rang J McGuirk, threatened A&L with Court Bailiffs and they paid. Don't contact them unless you can terrorise them.

[Geekusdeekus]

Beserker, did you do your claim through MoneyClaimOnline? They didn't submit a defence for me either, well in fact one turned up yesterday even though I filed for a default win on Saturday. Should I just send the bailiffs in now?

 

Sorry to jump on your thread but this is bound to help other pople.

[dj9928]

Still haven't acknowledged my claim yet, I will be sending in Baliffs, I'd love to get the time and date they'd arrive. That would be excellent to catch on camera

[Beserker]

I took pity on them and rang customer services, explained that I was about to send in bailiffs, got put through to J McGuirk, who authorised payment. DO NOT SET ASIDE JUDGEMENT UNTIL CHEQUE CLEARS.

Geek, they might ask for a set aside, push for judgement and bailiffs.

Did it through MoneyClaimOnline.

[dj9928]

Can someone confirm when I can send in baliffs? My 14 days are up, I phoned the court who says its 28 days? I asked have the acknowledged my claim, no they havent responded they said.

[blimeyboy]

Right I make your timetable as follows:

 

issued 5th April.

Deemed served ( 5 days from this date) 10th April

 

A&L have 14 days to acknowledge the claim - 24th April

If they have not acknowledged by then you can go for judgement.

If A&L acknowledge the claim they get a further 14 days to fie a defence

So they have to put in a defence by 8th May.

 

Just log on to MCOL and see whether against your claim it says acknowledged. IF not they have until 24th to Acknowledge it, otherwise you can go for judgement.

 

Have you received any paperwork from the court also ???

[dj9928]

Right I make your timetable as follows:

 

issued 5th April.

Deemed served ( 5 days from this date) 10th April

 

A&L have 14 days to acknowledge the claim - 24th April

If they have not acknowledged by then you can go for judgement.

If A&L acknowledge the claim they get a further 14 days to fie a defence

So they have to put in a defence by 8th May.

 

Just log on to MCOL and see whether against your claim it says acknowledged. IF not they have until 24th to Acknowledge it, otherwise you can go for judgement.

 

Have you received any paperwork from the court also ???

 

 

I'm in Northern Ireland so used the Northern Ireland court service online, Same thing basically as MCOL, difference being all paper work is put online for me, I receive nothing from the courts, I asked about this today as I though I should have received something.

 

If they don't acknowlege it I can file for judgement online, But apparantly I can not do this until after 28 days:mad: And I also will see when they acknowledge it online.

 

I always though it was 14? Unles Northern Ireland is different

[Beserker]

Yes, sorry I did not realise you had not waited 28 days.

[dj9928]

What do I do now? I got a letter this morning and a cheque for £180, quite a difference from the £950+ £200 odd interest. Its says the following

 

We believe that our charges have been made in accordance with the terms and conditions of your account, of which you have been given a copy. However, having considered the particulars circumstances of your case and taking into account the oft review, in order to resolve this matter we are prepared to refund the sum of £180

 

This reflects the difference between the amount of charges for unpaid items actually applied to your account and the amount of charges that would have been applied to your account if the charge had been £12. On the basis that this offer is acceptable to you. we enclose a cheque for £180 (being the amount that the oft indicated was not unreasonable in relation to credit card default charges, in full and final settlement (THIS IS A BANK ACCOUNT NOT A CREDIT CARD) if you do not wish to accept this offer please return the cheque to us cancelled or confirm in writing it has been destroyed.

 

Yes its a bank account not a credit card. What do I do?? I get the impression if I accept the cheque thats it, I can not persue the rest?