Oh no - What do i need to do, please help!

[kbv1]

Hey

I have just ben helping my auntiefill out her AQ N150 form and i was reading the defence sent to her by the court from the abnk and in it it says:

10) The Defendant denies that it is liable to the Claiment for the sums claimed and interest as pleaded or at all. In the alternitive if (whichs is denied) the said charges are unenforcable and constituted a breach of contract by the Defendant, those charges which were applied to the account prior to 12 April 2001 are no recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since to accrual of the cause of action.

OK she did send a interest speadsheet to them,the court, when she filed it going back in to 2000 which she did without relising. What on earth shall i do now to help her??

Hope someone can help.

[HSBCrusher]

take a look at this thread...
Claiming beyond 6 yrs - important new information!!!
this argument lloyds are using will not make any difference

[kbv1]

thats an interesting thead. Do i just continue with my claim as usal then as if i were 2 claim 2 years, as of the 7 i am? on complete my AQ AS Usual, or do i need to add more as im claimin 7yrs?

[HSBCrusher]

use the letters in the library, you will be just fine

[kbv1]

ok i have been looking in the bank template libary by link in your signature but i am unable to find what you have suggested, am i just being thick,lol im sorry if i am

[HSBCrusher]

ah.... sorry, you are up to court stage... silly me
take a look at
http://www.consumeractiongroup.co.uk...highlight=n150
Allocation Questionnaires - A guide to completion
carry on with your claim as usual, they will pay out anyway.

[kbv1]

few,lol iv filled in all my AQ form by attaching my Draft directions:

In the xxxxx County Court

Claim number XXXXXXX

Between

xxxxxxxxxxxxxx - Claimant

and

xxxxxx Bank PLC - 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.

in part H:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

that all still correct as im claiming over 6 years or is there more or differnt to be added?

Thanks HSBCrusher