alanfromderby v Abbey - 2nd Claim - Judgement awarded

[alanfromderby]

Rather stupidly (not Abbey surely!!) they have chosen to respond to my prelim letter with a standard letter and a leaflet!

As I specifically stated that they should not respond in this way I am taking it that they have treated my whole letter in this contemptuous manner, and will duly send my Letter Before Action later today.

Still no response from them regarding my County Court Action under the Data Protection Act - but not that surprised really.

[comanche]

Same here but they were only served with the court papers last Friday.

I did get a letter from them whilst I was away and they have finally deployed the microfiche argument on me. Apparently, they will be sending the charges information through "in due course". I was thinking about replying but, on balance, I'll leave them to play with themselves in their squalid little dreamworld.

Estimated claim for £5k goes in on Friday.

[sharont1]

Am in the same position now and am sending the lba today, alan have you heard anything form abbey yet?

[alanfromderby]

Nothing yet. They have until the 8th June to reply to the Letter Before Action. More interestingly they have to respond to my Data Protection Act action by Thursday, otherwise I will be able to enter judgement. Then the fun will really start!

[comanche]

Well, I had an acknowledgement of service this morning.

[breadline]

Alan is 16.9 % interest the going rate or are you chargeing what the banks rate is?. If so i will have to charge LLoyds thier going rate on the limit of the money they have been holding

Does that sound right?
BL

[alanfromderby]

Originally Posted by breadline

Alan is 16.9 % interest the going rate or are you chargeing what the banks rate is?. If so i will have to charge LLoyds thier going rate on the limit of the money they have been holding

Does that sound right?
BL

The 16.9% is their advertised authorised overdraft rate - the basis of this was discussed elsewhere, but post 36 shows how I worded it in the letter. It is something that has not yet been tested in court, but it would seem to be a reasonable argument. It is up to Abbey if they wish it to be tested before a District Judge.

[breadline]

Ok thanks
BL

[comanche]

I think the argument about interest is a very interesting one and I'm tempted myself. I know that the 8% interest doesn't count towards the small claims limit but does this also apply to this sort of contractual interest. I would assume that it does.

[alanfromderby]

The 16.9% would have to be included within the particulars of claim and therefore in the total amount claimed. However, I am including in the claim the following clauses which would mean the added interest would revert to the CCA 8% if the judge disallows the 16.9%:

"The Claimant also claims interest at a rate of 16.9% as set out in the attached list of charges. The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69........"

[Spiceskull]

Originally Posted by alanfromderby

The 16.9% would have to be included within the particulars of claim and therefore in the total amount claimed. However, I am including in the claim the following clauses which would mean the added interest would revert to the CCA 8% if the judge disallows the 16.9%:

"The Claimant also claims interest at a rate of 16.9% as set out in the attached list of charges. The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69........"

So effectively you are leaving the claim open for two different amounts - with 16.9% interest, and without? Do you not think that there is a danger the court would interpret this as uncertainty...although clearly you are leaving the decision to the wisdom of the courts?

[alanfromderby]

Originally Posted by Spiceskull

So effectively you are leaving the claim open for two different amounts - with 16.9% interest, and without? Do you not think that there is a danger the court would interpret this as uncertainty...although clearly you are leaving the decision to the wisdom of the courts?

No, the matter of reciprocity is untested, and could be rejected in court. Should it be rejected, then it is important to then be able to fall back on your right to claim interest under the County Court Act.

[comanche]

Alan- have they acknowledged your claim as well?

[alanfromderby]

Just spoke to the court and they have now acknowledged my Data Protection Act claim with intent to defend. So, that would mean they have to file a defence by 15th June. Can't wait to see what it says!!!

[Odd Fellow]

I'd be interested to see the defence too.

Bet it will be some form of continuation of the Microfiche coblers - given all the paperwork that's been sent out to so many people dishing this up, it would be difficult for them to argue anything else at this stage.

I'm planning a trip to Great Yarmouth Magistrates Court later today to file the same complaint - my N1 is at the ready.

Odd