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I have just recently reclaimed my bank charges from the A&L, a short while after we decided to reclaim my partners to from the Cumberland Building Society. Today we have received Defence and Counterclaim. Although i have read what I can it seems not many have done this and I am unsure what happens next. I know an allocation questionaire are sent out but its feeling increasing like we are going to be the losers in this and will end up paying them!
Any advice would be greatly appreciated. Thanks in advance.
Re: Defence and Counterclaim entered - Advice please.
Dont panic, this is standard procedure for some companies, just go with the flow!
They will pay out eventually, you just have to be patient!
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Re: Defence and Counterclaim entered - Advice please.
Yep........you will be on the winning side..the only loser will be the bank
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Re: Defence and Counterclaim entered - Advice please.
Thanks guys.
The only thing I am a little worried about is the content of the defence and the counterclaim. I have read claims dating back quite a few months and do I not have to do something in reply to this counterclaim or do I just wait for the aq?
The Cumberland Building Society have filed a defence after MCOL was issued.
The words 'without predjudice' are in a couple of paragraphs of the 12 page long defence. I was confused by this as I thought that meant that it could not be used as evidence in court if this was stated?
They have stated that their charges are 'liquidated damages'.
It is just a little scary not having a forum to post on and get the help and advice of others. I recently was successfull in reclaiming my charges from A&L and hads so much support in the forum, also it didn't get to this stage so this is all a bit new for me.
Even if you cant scan the papers, why not transcribed the bits you are particularly concerned with?
Unfortunately a couple of words alone don't convey the context or meaning of what the issues are.
Do you have a thread started anywhere for this claim, it would be helpful then you could post all the details and if necessary send or post the link to ask for support.
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
What sort of account was this? What were the charges for and how much were they.
Do you have access to a scanner?
Hi zootscoot,
Thank you for your reply. The account is a basic current account, it was in its early stages a business account but was then transfered to a basic account. The charges are for Failed DD, SO etc and the total including interest is around £2000.
I do have access to a scanner, what would you like me to do?
Had a look at the defence and it really is one of the worst I've seen yet, although not for you, it is pretty good for you.
Most points are just denial without any substance. Interesting that they are actually claiming the charges are fair as they allow their good customers to enjoy Free Banking which is subsidised by charges. I think they have shot themselves in the foot with that one! To amount to a liquidated damages clause they have to show that they have made a genuine pre-estimate of any loss flowing from your breaches of contract not that they are allowed to charge you for services provided to other customers!
They have also put in a counter claim for their legal fees. They can not do this if it is in small claims court as it would be against public policy and directly contradicts the CPR. To add insult to injury they are also claiming interest on their legal fees! They probably haven't even paid these yet and won't get paid until after the trial so what interest can they incur?!
Probably the sort of defence you would expect from a company named after a sausage!
It seems that this is simply a scare/delaying tactic so stick to your guns. You will get your allocation questionnaire in the next few days so just proceed as normal, although you'll need to raise a defence to their counter claim.
Probably the sort of defence you would expect from a company named after a sausage!
PMSL
Can a sausage sue for defamation? Anyone using your name is such a shoddy fashion is surely defaming you?
GLenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Zoot, you have no idea how much I appreciate you taking a look at that for me. Thank you.
As far as the counterclaim goes, how would I file my defence? I have filled in my A/Q and am ready to take it to the court with the fee. Nothing was mentioned in my docs from the court about the counterclaim so a little unsure about this one.
Has anyone had to file a defence to a counterclaim? I really would appreciate any help anyone has to offer on this. I'v searched all over and cannot seem to find any information on doing this.
If anyone can help I really would appreciate it, i've successfully claimed my bank charges back from A&L but they didn't take it this far so unknown territory here!
I sucessfully reclaimed my bank charges from A&L recently. I done this only with the help of this forum. I am now claiming from a building society in the North, there is no forum here for them as they are quite small. However they have filled a defence and counterclaim which is new territory for me.
I have had the defence looked over and am ready to take back the aq with the fee back to the court but unfortunately I have no idea how to raise a defence to their counterclaim which I know I need to do. The details are in the link below any help really would be appreciated.
Reply to defence 15.8 If a claimant files a reply to the defence, he must –
(a) file his reply when he files his allocation questionnaire; and
(b) serve his reply on the other parties at the same time as he files it.
(Rule 26.3(6) requires the parties to file allocation questionnaires and specifies the period for doing so)
(Part 22 requires a reply to be verified by a statement of truth)
supplement to part 15 refers to this part 15.8
GENERAL 3.1 Where a defendant to a claim serves a counterclaim under Part 20, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.
3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.
3.2A Rule 15.8(a) provides that a claimant must file any reply with his allocation questionnaire. Where the date by which he must file his allocation questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the allocation questionnaire under rule 26.3(6) is more than 14 days after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply. Where the court does not make such an order the reply and defence to counterclaim may form separate documents.
statement of truth
Statement of Truth
I believe the facts stated within this xxxxxxxxxx to be true and comprising of xx pages.
So basically you are defending their counter claim for legal costs ?
In small claims they can't claim costs anyway, and as Zoot has already said it is a scare tactic....
Have a go at your defence - make sure it directly relates to their counterclaim and indicates paragraph numbers etc - and post it - then we can go through it.
You can type it similar to a witness statement and put the statement of truth at the bottom - it has to be filed WITH your allocation questionnaire and a copy has to be served on the defendant.
This defence is prepared to the contention that the defendant has made a counterclaim for costs and legal expenses. Set out in paragraph 26 of the defence includes a counterclaim for the defendant to charge the claimant for any loss or expenses suffered by the defendant in connection with the account in question. This is denied due to the costs being a disproportionate penalty.
In defence to paragraph 27 and 28 of the defendants counterclaim where the defendant is claiming the legal and administrative costs of these proceedings aswell as interest. This is also denied as claiming for these in a small claims court would be against public policy and directly contradict the CPR.
STATEMENT OF TRUTH
I believe the facts stated within this defence to be true and comprising of 1 page.
This defence is prepared to the contention that the defendant has made a counterclaim for costs and legal expenses.
Set out in paragraph 26 of the defence includes a counterclaim for the defendant to charge the claimant for any loss or expenses suffered by the defendant in connection to the breach of contract by the claimant in respect of the account in question. This is denied due to the charges taken from the account by the defendant being a disproportionate penalty.
In defence to paragraph 27 and 28 of the defendants counterclaim where the defendant is claiming the legal and administrative costs of these proceedings as well as interest. This is denied as claiming for these in a small claims court would be against public policy and directly contradict CPR PART XX . (STATE THE CPR parts you refer to and quote the relevant paragraph) actually I would deal with legal and admin - and then interest in seperate paras.
STATEMENT OF TRUTH
I believe the facts stated within this defence to be true and comprising of 1 page.
Dated: 17 October 2006
Signed
***********
Claimant
Can you type out 27 and 28 of their defence on your thread ?
Arkanara v A&L
Reply With Quote
Originally Posted by zootscoot
