Hello All ** WON IN COURT **

[andtroy]

Hello All

Went to the court today and funnily enough the Shabbey have filed a defence, the Allocation Questionaire has been sent out together with a copy of the defence, the aq has to completed on or before the 18th August. The lady I spoke to was kind enough to give me a copy of the defence.

Andtroy

[Karnevil]

thats nice.....have you had chance to read it ?

anything outstanding or same old template defence ?

[andtroy]

Hi Karne

Well not sure if it's the same template but it basically reads:

Paragraph 3 "At all times the Account has been subject to the applicable terms and conditions ("conditions") which form part of the contract between the Claiment and the Defendent and to which the Claiment agreed when he opened the Account. The Defendent will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

(1) " you can apply for an overdraft on your Acount. If we give you an overdreaft we will tell you your limit and the interest rate applicable."

(2) "An unauthorised overdraft occurs if without our agreement you overdrew your Account or exceed the limit of an overdraft which we have agreed".

(3) " If you have an unauthorised overdraft, you will be charged fees as set out in our Tarriff of charges or specified to you and these may include fees for transactios we are unable to process due to lack of available funds in your Account.

4. Throughout the period that he has had the Account, the Claiment recieved a number of copies of the conditions and of the said Tariff of Charges as they were amended and updated ( though there has been no material amendment to the conditions extracted in 3(1),(2)and (3)above).

5. Any overdraft facility on the Account was ( and is) subject to the conditions

6.The Claiment has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure.Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breachof contract and the claiment became liable to pay fees to the Defendent in accordancewith its Tariff of Charges applicable at the relevent time. In accordance witht the Conditions.suchfees were debited to the Account.

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendent denies that the amount of £615 or any amount was unlawfully debited to the Acoount and the Claiments claim for the repayment of the amount is therefore denied.

8. The Claiment's contention that the said fees are unenforceable and/or are "panalty charges" is deniied. The fees reflect and are proportionate to the Defendent's administrative expenses incurred to the Claiment's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendent.

9 Further or in the alternative , even if the said fees are not proportionate to the Defendent's administrative expenses incurred (which is denied) , the claiment reamins liable to pay such fees as may be found to be proportionate and the Claiment is not entitled to claim repayment of the full amount of each charge made to the Acount.

10. No admissions are made as to the amounts claimed by the Claiment and the Claiment is put to strict proof of the same.

Then it was signed by Laura Gordon Trainee Solicitor. and my surname's Bennett, Gordon Bennett


Well thats their defence. As I said in my earlier post the aq will be here tomorow in the post along with this defence which has to be done on or before 18th August.

So basically how do I now go about wrecking there defence and is there anything I should be aware of.

Cheers

Andtroy

[Karnevil]

Yes sounds like the standard - its good to type it out... makes it stick in your head.

The AQ will come from the court with the defence copy. The AQ will have a date to be returned on - about two weeks usually. If Abbey send you a copy of the defence with a 50% offer you can try using the AQ date as a hurry up and pay me 100% tool. . Theres a template how to complete the AQ in the templates bit. You dont have to pay as your claim in below £1500. Theres also a few paragraphs about that you can put in the other information section which seems to chivvy them up a bit into settling - re disclosing information etc. Send a copy to DLA when you send it to the courts.

Hope that helps.

[andtroy]

Hi Karne

Thanks for that this being my first defence wasn't sure whether it was standered, yes typing it out does help to make it stick in ones head, took bloody ages though.

Waiting for post now and then will fill the forms out.

Cheers

Andtroy

[Karnevil]

its lovely looking forward to the postman coming as opposed to leaving it on the mat for days then filing it under B. .

[andtroy]

Back again

Two points that I need clarifying:

1, Since filling out the N1 forms which incorporated the interest under the CC regulations at 8%, obviously days have passed so how do I update that.

2. As in my post yesterday Shabbey have kindly added more charges to the account so can I add these to the existing claim or wait until I do a new one.

Cheers

Andtroy

[Karnevil]

the 8% adds up automatically when they offer you settlement make sure they include the daily rate of interest you put from the date of issue of your cliam to the date of settlement.

If you already filed then you will need to wait until settled then put in a new claim. Or pay £35 (nonrecoverable) to amend the claim and restart the timetable.

[andtroy]

Hi

Nothing in the post this morning tomorow maybe.

Anyway been to the library and printed reams of stuff about going to court filling out the aq and even just going to sit and listen to a few cases which I thought was good advice , gives you a feel of the place. So plenty of bedtime reading, tomorow will go through it with the defence, and start building my case just in case. excuse the pun

Andtroy

[andtroy]

Hi

Had the N149 form come through today, filled most of it out according to the guidlines given in the library. Not sure though what to put in the "other information" box though, any suggestions would be helpful.

Shabbey have also sent all the requested statments through today.

Cheers

Andtroy

[Karnevil]

if you have time have a look in my thread, and look in lord lees thread i think i posted what i put in there recently. sorry for not posting it, slow site will forget what i'm doing by the time i find it ! LOL. hope that helps a small insy wincy amounts,

Sharon
x

[andtroy]

Hi

Thanks for that I did see it Lord Lee's thread but was not sure if it was applicable to the "other information box, thanks for clarifying that will do that now and can get it off tomorow.

Cheers

Andy

[andtroy]

Hi Karne

Have started reading your thread and going to go back and finish the rest of the saga .

Any way have now filled out the "other information" in the aq form so will get that of to the court in the morning and send one of to DLA tom dick and harry as a matter of curtesy.

At this stage of the game I feel inclined not to enter into any dialogue with dla unless they approach me first ( usually reading the threads the 50% offer) which will be declined, besides which it would not re-pay the overdraft which thanks to grabbey shabbey has tipped it over the £400, so will have to go for the 100%.

As soon as I get this one out the way will start the next claim which will be for about £60-£100. I know this seems a bit petty but I am so annoid with them that I just refuse to let them get away with it.

Anyway going back to finish of reading your thread.

Cheers

Andy

[Janet-M]

As soon as I get this one out the way will start the next claim which will be for about £60-£100. I know this seems a bit petty but I am so annoid with them that I just refuse to let them get away with it.

It is your money unlawfully taken so far from petty to want it back

[andtroy]

Hi All

Well looks like I'm on the home run at last

Had to go out early this morning and on my way delivered the aq to the court, the very nice lady said that Judge might get to look at it today and I should get to hear within the next two weeks.

Got home about 4'o'clock this afternoon and in the post was a letter from dla with a 50% offer. So l as I said above looks like I'm on the home stretch Immmmmmmmm sooooooooooooo pleased I have got this far.

Anyway what to do next, in a quandry, for those of you who have been in this postion you will know what that the letter contains. Basically they said that Abbey have a right to charge something so if I go for a 90% deal it will mean that I will be allowing abbey to charge £3 per charge on my acount it will also clear the overdraft and still give a few quid (see karnevil thread ). Or should I reject this offer and hold out for the whole lot.

The other point made in the letter is that dla want to avoid any further costs ie them submitting a dla ( did not cost me anything as I'm on benefits ), so by me submiting the aq does that give me in some way an upper hand.

Please let me know your thoughts I have basically the weekend to chew it over and will respond with a letter to dla monday

Cheers

Andy

[Karnevil]

Hold out for the whole lot I poofed it - which in retrospect was a darn good move, but thats another story

Did you send them a copy of your AQ ??????

whats happened with your statements - your claims estimated at the mo - is that right ?

[andtroy]

Hi

Thanks for responding. Not yet had every intention posting it after being to the court as I wasn't sure about the fee, had to fill out yet another form to get myself exempt, but anyway I needed to bring home dla aq and alter the fee box, but I will send it tomorow or monday with the offer, what do you think send them sepratly or together just thinking about postage, bit skint at the mo.

Andy

[Karnevil]

I used mine as a leverage/bargaining chip thing for my 90%. I still sent it in but the full offer came a couple days later so I think it sped things up. Who knows....

I said basically 'give me 90% by 4pm on (two days before AQ's due) or my AQs go in.'

then sent my AQ to DLA with that nifty paragraph in, and hey presto same day they sent out the offer.

Still no cheque though

are you still on estimated claim ????????????????????????? ????????????