Thread: TSB defence

Hi,

Can anyone help the TSB has filed this defence and I am not sure how to defend the claim, I have looked at the court bundle but am not sure what sections are revelant to this response, please see sections of the TSB defence any help would be welcomed. please can any tell me what is deemed as a breach of contract so I am a little clearer on this wording and has any one eles received this type of defence fron the TSB or am I the only one.

5) There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge can be pre-estimated of the bank loss.

7) The charges are terms which relate to the price payable by the customer for a service provided by the bank and pursant to regulation 6 of the unfair terms in consumer contract regulations 1999, are not subject to
the assessment of fairness.


thanks

8.2) the charges are for bank services, and are not damages nor penalty

8.3) it is denied that the charges are unlawful or contravene and statute or regulation.

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Sounds like the perfectly standard ltsb defence - I assume that their are only 9 points?

If anyone has a experience or has been through this stressful period then please let me know, I am starting think I be one unlucky people to lose this claim and therefore feel it maybe better to quit

yes thats correct is this a bank standard pratice? and what does this legal stuff mean?

It sounds like they have all the bases covered how does one defend against points?

Thanks Russjo,

Its diffcult when you don't have any legal experince

Originally Posted by superfly6973

It sounds like they have all the bases covered how does one defend against points?

Lloyds are totally predictable and the fact that you have received a 9 point defence is good news in so much as it means that your claim seems to have been well prepared so far.

Have you been asked to complete an allocation questionnaire or has this been dispensed with?

WHat they are actually saying is that the charges are for a service - they have not deviated from this defence for some 18 months. The courts are well aware of this argument and the term for it is 'cloaking' a penalty charge as a service.

no I haven't that line was crossed out when I received the the banks defence and the court letter 'notice of transfer of proceedings 'is this a good thing?

Thanks for all your help ladies/guys

Presumably you filed on MCOL in which case it is perfectly standard for the aq to be dispensed with - the fee may still be payable though if your claim is above £1500

if I am successfully I have heard you can also claim for the time spent building up you defence is this true?

You can apply for a wasted costs order but this will be entirely at the discretion of the court

If anyone has a copy of the the mirror newspaper today I would suggest you take a look at mirror money page 40 'climbdown on bank fees', this article can be accessed online and makes intresting reading it states "Most won back all their bank charges plus 8%" and "so far the Ombudsman has not had to rule on any cases because, just like in the courts banks are backing down before a decision has to be made". I though I pass this good news on so whoever is claiming back at the moment can breath a sigh of relief.

You can read it here

SHOWDOWN - Mirror Money - Money News - News - Mirror.co.uk

got some bad news today the court has misplaced the banks defence and given it an extra 12 days to re-submit its defence do you get the feeling when things like this happen its not meant to be?