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Had a reply from Tesco stating they believe their charges are in line with OFT Standards and offering me the £8 + interest difference between the few £20 charges I have and the £12 they believe it should be.
Wrote lba now quoting the OFT to show that they have not given them permission to charge me £12.
Will await their reply within 14 days or will begin claim against them with Mcol.
Missy
Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON!
MBNA started March 09- SAR,Prelimanary Letter, LBA, WON!
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I have received defence from Solicitors and a request for further information under CPR 18 with regard to CPR Rule 27.2(3) by a specified date.
It requests: 2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same. 2.2 In relation to each charge please clarify the following: (a) Is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant’s case. 3 In your claim you state that the charges are: “unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common law”. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify: (a) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.
Does it still stand as per Martin3030 post below that Solicitors can't request this info, only a court can, and to reply as suggested below? The court also forwarded these documents with the AQ to me.
Also the defence refers to "the bank charges" a few times through the defence; however my claim is for a Credit Card not bank charges- is this irrevelant or to my advantage at all?
Thanks in advance
Missy
Originally Posted by MARTIN3030
Write back and say that you have provided everything you feel you are obliged to.
say for clarification I once again submit the following;
account no........
full name....................
total amount being claimed.................
a schedule of charges.
Say you will be prepared to furnish any additional information to the coiurt should thr Judge request it later.
on the bottom of the letter write...."copy sent to ........county court.
Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON!
MBNA started March 09- SAR,Prelimanary Letter, LBA, WON!
I'll flag this up for the Mods that have been helping and other CCA folk.
Lex
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Thanks Lex- It's just if I do need to reply I need to get it in the post tommorow to meet their deadline.
Just to make it clear though I didn't CCA them for my agreement. I only opened the account I believe in 2007. Account was paid off in 2008 and closed and then I started claim for the unfair charges made to the account this year.
Thanks for your help,
Missy
Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON!
MBNA started March 09- SAR,Prelimanary Letter, LBA, WON!
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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Have just seen this CB-lets have a look and see where that came from.
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No that quote wasn't a response to my situation sorry. This was a suggestion Martin3030 had made to someone else who had had the same defence from solicitors-however I believe the post was from 2007 and so I'm not sure if it's still relevant. Ive been searching for days but most posts seem to be about CCA requests and I can't find any information in templates around Credit Card companies defences.
As I have mentioned I'm not sure if I do need to reply to their request for further information and clarification as per their defence or if only a judge can order this? I'm more than sure it's just a delaying tactic as I sent copies of schedule of charges to them both with my preliminary letter and lba. I just don't want to get something wrong after getting this far with the claim.
Also as per my first post I see they've referred through their defence to 'Bank Charges' a couple of times when my claim is in fact against a Credit Card Company. I'm not sure if this is irrelevant or if they've messed up their defence?
Thanks,
Missy
Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON!
MBNA started March 09- SAR,Prelimanary Letter, LBA, WON!
It looks to me as though they have used a standard defence for defending Bank charges claims.
The post from me would certainly still be applicable-although it depends on the levels of the case.
Can you confirm -does this relate to your credit card thread ?
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looks to me to be a Cobbetts request-is this the case ?
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How far are we into the case-has it been allocated yet ?
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18.1 (1) The court may at any time order a party to –
(a) clarify any matter which is in dispute in the proceedings; or
(b) give additional information in relation to any such matter,
whether or not the matter is contained or referred to in a statement of case...
The vital words are "the court may". So IMHO Martin's advice still stands.
Steven
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Missy v RBS/Tesco
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Originally Posted by MARTIN3030
