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Posts posted by sam78

  1. Money - Yep you're right, the draft directions are a separate sheet attached to the AQ. The court bunde will be required by a given date once you have a hearing date.


    marie - not a bean from mr arrandale - the AQ gets filed tomorrow morning. I'm just about to email him again - will post it on here once it's done.

  2. Im at the same stage as you, i'm returning my AQ on thursday. You can get the £100 too as it's court costs, just make sure to add it to your overall total when the abbey beg for settlement.

  3. I've received a payment to my credit card today for £56 for return of late payment fees. I'll call this a win. I'm happy with this amount and for very little hassle. I can concentrate on my abbey claim now.

  4. Please can someone check that I have this right.


    I have written in the following in section G of my AQ:


    The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.


    - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.


    - In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.


    As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.



    Do I then attach these draft directions?


    "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."

  5. Lucky you. I do, though I'm not too fussed because I'll get it back in the end. I'm at the same stage as you, I'm handing my AQ in on Thursday - I've emailed the abbey advising them that they have til Weds to pay up in full before more court charges are applied. It's worth a shot.

  6. Thank you very much!


    I've sent another email to James at Abbey, I thought I'd attach it.



    Further to my email of yesterdays date, I wish to update you.


    I have today received my Allocation Questionnaire to be completed and returned to the courts by 26th March. Unless I receive an offer for the full amount requested, £xxx plus daily interest at xxx, then I shall file the Allocation Questionnaire, at a further cost of £100, whch I will be claiming as court costs.


    I will allow you until 10am on Wednesday 14th March to settle this claim, failing which I shall personally hand in the questionnaire at my local court.


    I look forward to hearing from you."


    Purejayne - I'll keep updating until I win. I will also keep an eye on any threads you have too and see if I can be of any use.

  7. And in my letterbox today is... my AQ. I think my local courts are really on the ball. The AQ is in my hands and has to be completed and returned by 26th March.

    I will be emailing james arrandale again in a moment to advise him that if he wishes to settle the claim without further costs then he has until 10am Wednesday morning to do so before I file the AQ.


    I'm really enjoying this, I'll enjoy it even more when I get all my money back!!!

  8. Thanks for the advice. As you say their offer is Without prejudice. I have 1 month over the 6 year limit, which was still in date when I first contacted the abbey - so i believe i can claim for this amount too.


    I have sent the lovely mr arrandale an email stating my intentions - I may send a draft of the directions on my next email. I've copied it below.


    "Dear James,


    Many thanks for your letter dated 5 March 2007 which enclosed a copy of your defence, which has been duly noted.


    Thank you also for your settlement offer of £xxxx, which I kindly reject.


    I would be prepared to agree a settlement of this claim upon receipt of the full amount requested on the court documents plus the daily interest rate of xxp up to the date of agreement of settlement. This currently stands at £xxx. Total amount requested for settlement is £xxxx.


    I am fully prepared to attend court and put forward my case to the district judge.


    I will also be claiming any further court costs incurred and I will request that the judge award me costs in respect of preparation time for any documents that are produced for the case.


    I sincerely hope we can settle this claim before it has to go any further.


    I look forward to a positive response."


    What do you think?

  9. Well, well, well, just as I expected, through my letter box today dropped the abbeys defence. With an offer of half the amount I have claimed and a section that adds 'this offer is conditional upon abbey national plc verifying the charges sought in your claim. In addition, any amount of monies refunded to you relating to the charges claimed will be offset against this settlement offer' - the cheek!


    Of course, I am not accepting this offer - why make an offer if they are not liable?


    And so the 12 point defence reads as follows:


    1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the particulars of claim.


    2. It is admitted that the claimant has a current bank account with the defendant, account numbr to be particularised ("account").


    3. At all times the acount has been subject to the applicable terms and conditions ("conditions") which form part of the contract between the claimant and the defendant and to which the claimant agreed when she opened the account. The defendant will refer at trial to the full conditions but for the purposes of this defence will refer to the following extracts:


    (1) You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable.


    (2) An unauthorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.


    (3) If you have an unathorised overdraft, you wil be charged fees as set out in our tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of funds in your account.


    4. Throughout the period she has had the account, the claimant received a number of copies of the conditions and of the said tariff of charges as they were amended and updated (though therehas been no material amendment to the conditions extracted in paragraphs 3(1), (2) and (3) above.


    5. Any overdraft facility on the account was (and is) subject to the conditions.


    6. The claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occassions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breech of contract and the claimant became liable to pay fees to the defendant in acordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.


    7. In view of the facts and matters referred to in paragraph 3, 4, 5 and 6 above, the defendant denies that the amount of £xxxx or any other amount, was unlawfully debited to the account and the claimants claim for he repayment of that amount is therefore denied.


    8. The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant. The defendant denies that the claimant is entitled to claim interest in the sum claimed or at all.


    9. Further or in the alternative, even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied), the claimant remains liable to pay such fes as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.


    10. The defendant denies that the claimant is entitled to claim intrest in the sum of £xxxx or any other amount.


    11. Similarly, the claimant is unable to recover charges incurred prior to 7 February 2001 by vrtue of the limitation act 1980 section 5.


    12. No admissions are made as to the amounts claimed by teh claimant and the claimant is put to strict proof of the same.



    This is the standard isn't it? Needless to say I await the AQ, but in the meantme, does anyone have the email address for James Arrandale?

  10. I visited the courts in person to start the claim. I'll give them a call next week.


    I haven't had any contact from the abbey for a month now, is it just a waiting game? I expect the AQ will come in a few weeks providing the abbey put in a defence.


    I'm moving house in two weeks and would have loved to have it sorted, but as Kylie sang - I Should Be So Lucky!

  11. 40 days are up tomorrow and I haven't received the missing statements. What the best thing to do, follow up my prelim letter with the LBa (due Thursday this week) and then amend the amount of my claim at the court stage if necessay? or do I need to do something else about the missing statements?

  12. Hi Martyn, welcome aboard.


    I recommend reading all the FAQ's and some of the threads in the Abbey forum - they'll give you plenty of idea what's happening and and what you can expect from raising a claim.


    I suggest using the templates available for your letters and amend them as necessary. You need to put your request in writing to Abbey for your statements and send a payment of £10 (the maximum charge for this info).


    Anything deemed a penalty can be claimed back i.e. unauthorised overdraft fees, unpaid direct debits / cheques etc. You cannot claim back interest for authorised overdrafts.


    Open a parachute account to be on the safe side - Abbey have closed some accounts - it's better to be prepared, just in case.


    And finally, keep coming back to this site, read posts etc and give yourself as much information as possible and you'll be fine.


    Good luck.

  13. Double checked the statements and have found that I am missing 3 months. Should I send my prelim letter with the total so far or should I wait until i get the others?


    Also, is there a standard letter I can use to request the missing statements?

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