I didn't get any replies but I thought I should share what I decided to use in the end:
On the form:
Please find the following attached to this questionnaire:
1) Section G - Other Information
2) Draft Order for Directions
These Attachments were sent to the Defendant on XXXX
As an attachment stapled to the
Allocation Questionnaire:
XXXX-v- Abbey National Plc
Claim No:
Date
N149
Allocation Questionnaire
Section G - other information
I should like to re-iterate that this case is in relation to Credit Card Charges and not
Bank Charges.
The court should note that the
test case initiated by the OFT, Claim No. 2007 Folio 1186, clearly states it is testing the law in relation to current account
overdraft charges, and not credit card charges. No credit card issuer has been acted against by the OFT in this test case.
Details of OFT claim – “The OFT has initiated an investigation under Part 8 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Defendant Bank’s personal current account arrangements providing for charges to be imposed upon customers who seek to make payments for which they do not have available funds.”
If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.
I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.
If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.
As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.
In the XXXX
County Court Claim number: XXXXX
Between
XXXXX
and
Abbey National - Defendant
Draft Order for Directions:
The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:
a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
d) Copies of decided cases and other legal materials to be relied upon.
If the Claimant fails to comply with this order, the claim will be struck out without further order.
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not why not;
c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
e) Any witness statements
f) Copies of decided cases and other legal materials to be relied upon.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.