Hello All,

This may take a sec. so please bear with me...

I have successfully completed an Action against HSBC using the support from the other forum, so full of my success (they paid on the 28th day after the MCOL) I then lauched into full attack on the RBOS. The request for data went off, which they cashed the cheque then sent me a mastercard statement showing no transactions and the same outstanding balance for the past four years! garbage... They ignored the request for the data on my other two accounts, luckily I had statements going back 6 years (a few missing at the end - Ill get them for those later ) so I had enough data to see that they had taken me for £2500+. The initial letter went off asking they for refund (ignored) followed by the LBA 14 days later (also ignored), MCOL was filed and they finally answered on the fourteenth day stating their intention to defend. On the last day possible (!) they sent the paperwork through for me to respond to. The defence case looks very compicated and runs to 26 different defence particulars over 6 sheets of A4..

This brings me to the questions:

• Am I supposed to be answering all these questions back to the Solicitors or take them to the Court?
  
• The Allocation Questionaire asks for the list of Charges (easy) and then goes on to ask me to clarify why the charges have been made etc. (i could type it all but its very confusing - i'm not the dimmest bloke but the legal speak seems contradicting at the best of times.)
  
• They ask for the Clause(s) persuant to which the charges have been applied (Note - the MCOL stated that "the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law")
  
• They ask if I was in breach of contract - are they asking me to condemn myself, is it not their responsibility to prove my negligance.
  
• They ask me to specify the facts relied upon in the 1977 UCTA and identify the contractual provisions I allege are invaid.

Is this normal... Has anyone else had this type of questionaire.. Its a bit scary now, I want to take them all they way now but Im scared that I will use the wrong data, and screw up other peoples chances to take back whats theres through my inexperiance.

Any help on the above would be greatly appricated!!!

Jimbos

Several banks have now been adopting this tact - they are effectively asking for details under CPR part 18 - not applicable in small claim actions.

Complete the AQ you have been given and, in section G "OTHER" you can include details such as these in the guide

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

and perhaps even something to state that they did not comply with a valid SAR.

Make sure you attach a spreadsheet of charges detailing date, amount and cause (if known) i.e. overlimit fee... also send a copy of the AQ and spreadsheet to the other side. Also include the fact that you have attached a spreadsheet as part of section G "OTHER"

Many thanks for that jonni2bad, I have completed the AC are putting together the rest of the information that they have requested. Couple of things though:

they are effectively asking for details under CPR part 18 - not applicable in small claim actions

The final Ask from them is to:

Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above (Unfair (Contracts) Terms Act 1977 s.4 and Unfair Terms in Consumer Contracts Regulations 1999 etc), and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA/the Regulations

I see the refernce in UCTA:

4 Unreasonable indemnity clauses

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question—

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

But I don't have the Contract for the account, so I don't know which clause I am referring to...

I know this seems to going on a bit, but any help would be greatly appricated.

Hi All,

I finally sent off the following after finding info out in the threads:

I acknowledge receipt of your defense & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court along with the Banks non-compliance with a Subject Access Request sent 12th July 2006.

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following accounts:

 

Account Name: Blah Blah and Blah

Account numbers: 100***** / 101*****

Sort Code 16****

Amount £*****

plus interest of £***= £*****

plus court costs of £220 = £*****

Yours sincerely

Nice Huh.. I recived an offer for £1700 by return of post (1/2 of the amunt) and a note that some of the charges are previous to 6 years from the date of the MCOL - I am wondering if it should be from the date of the first letter requesting the refund of Charges as this was two months previously. any thoughts?

I will be sending off a letter thanking them for the partial offer of payment and expecting to meet them in court..

The letter I am posting today in response to the offer:

I acknowledge receipt of your offer letter dated 20th November and the Notes and Offer contained therein.

 

I have adjusted the schedule of charges to reflect the statute you identified and now offer the revised version along with this letter. These changes mean that I will not be claiming for £283.01 of charges and interest incurred on Account number 100*****.

I accept your offer of £1700 as partial payment towards the now outstanding total of £****.**, I will be continuing with my intention to ask the Court to instruct the bank to return the charges as described unless your clients can offer the full amount.

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following accounts:

Account Name: Blah Blah and Blah

Account numbers: 100***** / 101*****

Sort Code 16****

Amount £*****

plus interest of £***= £*****

plus court costs of £220 = £*****

Yours sincerely

Hopefully they respond before I have to post the £100 fee back to Court! hehe