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adam1976brown

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  1. here r a few quotes from their defence they sent a few months ago.. " save as is specifically admitted in this defebce, the defendant denies each and every allegation set out in the POC " also stated... "blah blah... the defendant denies that the claimant is entitled to claim interest of in the sum of £8407.30p or at all " iguess they r going to defend all so i need a good letter to defend my case for contractual interest.... the good thing is they cant go into court and give in on the charges and defend the interest... so as long as i stick to my guns i should and hope to get £16+k.... but in short does the letter seem ok....
  2. started a thread in the wrong area so sorry if this has been read already....just sorting out my court bundle and i am going to add this part in for my reason for claiming contactual interest... can anyone have a look and see if it is ok... or maybe it could do with some tinkering.... As to Paragraph xx of the defence, the defendant asserts that there is no valid basis for the claimant to claim compound interest at xx.xx%. The claimant notes that Paragraph xx of the Defence, which purports to deal with this aspect of the claim, does not give a reason for the defendant’s denial of the claim. A. The claimant contends that this aspect of his claim should not be determined until there has been a judicial ruling on the lawfulness of the defendant’s charges. The claimant acknowledges that the terms of the contract only provide for the defendant to charge and receive compound interest on monies the claimant borrows from the defendant. The claimant’s case for claiming interest at the rate applied by the defendant to the claimant’s borrowing, is based in equity and a legal requirement for fairness and balance B. When entering into the contract with the defendant, the claimant had no reason to anticipate that the defendant, having a long-established reputation in the banking industry, would make unlawful deductions from his account. Had this been a foreseeable event, the claimant might well have taken a different view about whether to agree to a contract which did not provide the claimant with a mutual right to charge the defendant interest in the event that monies were wrongly taken from his account, over a considerable number of years, thus producing a false picture of the claimant’s indebtedness to the defendant over the entire period covered by the claim, and unjustly enriching the defendant at the same time. C. The claimant’s case is not that the contract should provide for the claimant to be entitled to charge interest at the rate which the defendant reserves for itself in the ordinary everyday course of dealings. The claimant is inviting the court to award interest and therefore compensate the claimant at the same rate that the defendant deems fair compensation for allowing the claimant to use its money, given that the defendant’s withdrawals from the claimant’s account were unlawful, and given that unlawful withdrawals were unforeseeable at the time of the entering into the contract. D. If the defendant avers that its charges are fair, reasonable and therefore enforceable, its remedy will be to provide evidence of its actual losses or pre-estimate of costs in relation to the claimant’s account breaches. Since the defendant has been invited to do so prior to the issue of court proceedings, and has refused, and since the claimant is aware that the defendant has failed to defend any other similar claim at trial, the claimant deems the defendant’s charges to the account to be indefensible, and unenforceable at law. It was clearly not in the claimant’s contemplation when entering into the contract, that the claimant would authorise the defendant to apply penalty charges to the account, or to profit in an unlawful manner from the claimant’s account breaches. E. It should also be noted that the claimant had no bargaining power to determine the terms of the contract and as all banks trade in similar terms, the claimant had no effective choice in the matter. F. For the contract to confer advantageous terms (i.e. entitlement to compensation) on one party (the defendant) where there is no comparable term in favour of the other party (the claimant) is to create an imbalance in the parties’ rights and is contrary to the requirements of Regulation 5 (1) of the Unfair Terms In Consumer Contracts Regulations 1999 ("UTCCR"). Regulation 5 (1) of the UTCCR states as follows: "Unfair Terms 5. – (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer." Therefore, to satisfy the requirement of fairness within the definition given by the UTCCR, the contract should provide a mutual or reciprocal term permitting the customer to apply the same rate of interest on any unauthorised withdrawals from the customer’s account by the bank. The interest claimed is therefore deemed to provide an equitable remedy in the context of the claim. The claimant’s claim for compound interest should be viewed in the in the context of the claim rather than in isolation, and with full regard for the seriousness of the defendant’s misdemeanours which have led to the defendant profiting unlawfully from the claimant’s account defaults. It is entirely inequitable that the defendant should have deprived the claimant of the use of his monies for this length of time without repaying it with interest at the rate which it charges the claimant in equivalent circumstances; monies which it is in the business of re-lending at the same commercial rate of interest and which will only restore the defendant to the position where it had not received any benefit from having had use of the claimant’s money. i hope this goes some way to helping a claim for getting contractual interest..... post ur thoughts and if u think its pants then i will bin it....
  3. just sorting out my court bundle and i am going to add this part in for my reason for claiming contactual interest... can anyone have a look and see if it is ok... or maybe it could do with some tinkering.... As to Paragraph xx of the defence, the defendant asserts that there is no valid basis for the claimant to claim compound interest at xx.xx%. The claimant notes that Paragraph xx of the Defence, which purports to deal with this aspect of the claim, does not give a reason for the defendant’s denial of the claim. A. The claimant contends that this aspect of his claim should not be determined until there has been a judicial ruling on the lawfulness of the defendant’s charges. The claimant acknowledges that the terms of the contract only provide for the defendant to charge and receive compound interest on monies the claimant borrows from the defendant. The claimant’s case for claiming interest at the rate applied by the defendant to the claimant’s borrowing, is based in equity and a legal requirement for fairness and balance B. When entering into the contract with the defendant, the claimant had no reason to anticipate that the defendant, having a long-established reputation in the banking industry, would make unlawful deductions from his account. Had this been a foreseeable event, the claimant might well have taken a different view about whether to agree to a contract which did not provide the claimant with a mutual right to charge the defendant interest in the event that monies were wrongly taken from his account, over a considerable number of years, thus producing a false picture of the claimant’s indebtedness to the defendant over the entire period covered by the claim, and unjustly enriching the defendant at the same time. C. The claimant’s case is not that the contract should provide for the claimant to be entitled to charge interest at the rate which the defendant reserves for itself in the ordinary everyday course of dealings. The claimant is inviting the court to award interest and therefore compensate the claimant at the same rate that the defendant deems fair compensation for allowing the claimant to use its money, given that the defendant’s withdrawals from the claimant’s account were unlawful, and given that unlawful withdrawals were unforeseeable at the time of the entering into the contract. D. If the defendant avers that its charges are fair, reasonable and therefore enforceable, its remedy will be to provide evidence of its actual losses or pre-estimate of costs in relation to the claimant’s account breaches. Since the defendant has been invited to do so prior to the issue of court proceedings, and has refused, and since the claimant is aware that the defendant has failed to defend any other similar claim at trial, the claimant deems the defendant’s charges to the account to be indefensible, and unenforceable at law. It was clearly not in the claimant’s contemplation when entering into the contract, that the claimant would authorise the defendant to apply penalty charges to the account, or to profit in an unlawful manner from the claimant’s account breaches. E. It should also be noted that the claimant had no bargaining power to determine the terms of the contract and as all banks trade in similar terms, the claimant had no effective choice in the matter. F. For the contract to confer advantageous terms (i.e. entitlement to compensation) on one party (the defendant) where there is no comparable term in favour of the other party (the claimant) is to create an imbalance in the parties’ rights and is contrary to the requirements of Regulation 5 (1) of the Unfair Terms In Consumer Contracts Regulations 1999 ("UTCCR"). Regulation 5 (1) of the UTCCR states as follows: "Unfair Terms 5. – (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer." Therefore, to satisfy the requirement of fairness within the definition given by the UTCCR, the contract should provide a mutual or reciprocal term permitting the customer to apply the same rate of interest on any unauthorised withdrawals from the customer’s account by the bank. The interest claimed is therefore deemed to provide an equitable remedy in the context of the claim. The claimant’s claim for compound interest should be viewed in the in the context of the claim rather than in isolation, and with full regard for the seriousness of the defendant’s misdemeanours which have led to the defendant profiting unlawfully from the claimant’s account defaults. It is entirely inequitable that the defendant should have deprived the claimant of the use of his monies for this length of time without repaying it with interest at the rate which it charges the claimant in equivalent circumstances; monies which it is in the business of re-lending at the same commercial rate of interest and which will only restore the defendant to the position where it had not received any benefit from having had use of the claimant’s money. i hope this goes some way to helping a claim for getting contractual interest..... post ur thoughts and if u think its pants then i will bin it....
  4. well i finally got the direction order for my court date... had a minor victory ( well i think its a big one for me..), abbey asked for a months stay to try and settle the claim. asked not for one and backed up with letters and emails that showed i tried for weeks to contact them and settle but they ignored them.. so he did not give it just one question... it says i need to send abbey ( again) and the courts a break down of all charges and costs, dates and statements within 28 days of this order... now i have a date at top saying 1 st june and a date at bottom saying " dated 8th may".. now i only got this today... which date do i go by... if its the top no probs but if its the bottom that only gives me 3 days!!!!!!!!!!!!!!!!!!!!!! bit unfair.... any ideas??????
  5. still waiting for them from the court.... abbey sent theirs and i sent mine... just waiting for them back from the judge and see what he decided...
  6. spoke to court last week and they said my case and all paperwork had been seen by judge and was waiting to be typed up.. thats where she gave me a date and said all seemed to be fine... as for direction standard abbey one where they asked for a stay of a month to try to settle... i asked for this to not be given as i included in my AQ a list of all emails and letters showing my attempt to settle with abbey without any response from them... my directions were standard and taken from here...the reason i think my court date is so far off is that i am away with forces in august and the months stay might have been given... going to call courts if not recieved anything at end of week... as for my POC i asked for help from here and was told that it was was ok... but since then all my paperwork and AQ have been in great detail....
  7. just a quick question... been reading up on the loss cases against llyods and the last one happened cause the claimant was not specific in his claim... now did that mean on his claim form... if so then i am a bit worried... this is all i wrote in the particulars box.. was assured by some this was ok but need a bit of TLC to ease my fears.. The claimant claims the repayment of unlawful charges from the account of xxxxxxxxxxxx Abbey National account number xxxxxx xxxxxx for the period Jan 2001 to Dec 2001 amounting to £xxxx plus interest at the defendants variable intrest rate of unauthorised borrowing of 28.7% of £xxxx.xx running from Jan 2001 to Jan 2006 These fees are unlawful according to Section 5.1 of The UTCCR 1999. The total for the claim is £xxxx.xx was this too little... got court date for sept 4th... probably panicing over nothing....
  8. hi jo... i used this letter to sort out my GOGW and the money paid of my OD and some court fees ( cheers abbey ... )it puts the ball in their court with the GOGW but i think by reading alot of threads they do not bother to remove the money... all i say is keep the money but if you decide to settle down the line watch out as they try to incorporate the GOGW into the figure so u end up losing money... Dear Sir/Madam Thank you for your letter dated XXXXXX 2007. I respectfully decline your gesture of goodwill as a Full and Final settlement of the charges I requested in the letter I sent to your company dated XXXXXXXX. You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on XXXXXXXX and was acknowledged by your compnauy on XXXXXXXX. I would ask that you now refer this matter to your legal department for further instruction. I wish to stress that I do not accept your gesture of goodwill as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly if you deemed it to be a Full and Final settlement and not a getsure of goodwill. Alternatively, should you wish to settle my claim in full, then within 7 days of this letter please forward the balance of the claim £XXXXX without further conditions and I will inform the court that the claim is settled ............ just fill in the XXXXXX with ur details and wang it in the post...all that will happen is that abbey will see if they remove the GOGW they will look like arses and show the courts they r not even offering GOGW... good luck....
  9. ...they r data registered and r a legit company and cardiff courts have delt with them in the past... they r not regulated to access accounts as the new law that came in has not been finalised yet but they r still allowed to carry on... i did give them permission then i rebuked it over the phone which i was assured was enough... obviously not... the most worrying thing about this ordeal is not just the fact they tried to carry on claiming its that i have a claim for the same account for £16+.. but i am assured by abbey it wont go ahead.. they have marked this on my account and the courts know already....infact when i called the court today they said r&h had been to the courts this morning to cancel the claim... funny as i threatened them with alsorts like the press.... they r legal its just how they do it is not....
  10. It does say cancel in writing but when i phoned up they assured me all was ok and it was cancelled...they say they can apply a cancellation fee which can be upto the projected claim.. but i am not too worried on that front as i threatend him with reporting the company and he backed down a bit... just wondered what i shall do next...
  11. right i need some help.... before i decided to go alone in claiming my charges back i started of with a company.. name withheld but if needed i can supply.. changed my mind and started my claim in january...at the same time i cancelled my claim with said company and asked for my statements back... with my claim gathering pace i forgot about my file with this company till today... i recieved a letter from abbey ... hear is an extract... "from april 2007 all claims management companies are required to be authorised unless exempt..etc etc unfortunately we are unable to process this complaint as XXXXXXXXXXXXXX XXXXXXXXXXXX do not appear to have the required regulatory authorisation" now i thought why am i getting this letter when i am not using said company... so i phoned them up... what i found out scared me to death and this is why i need help.. 1... my claim was still going on and they were claiming back my charges at £4000 (rough) and £ 6000 in interest which they keep as their fee...... i found that strange as my claim is for £7142 and bout £8000 in interest... he did not understand why the charges was so different..scaarey part 1.. 2. he said also said the claim was not cancelled and still going ahead... court date 14 aug in cardiff. when i quizzed him bout claim numbers he started saying u dont have one as u dont need one.. scarey part 2... ALARM BELLS RINGING... This is when my months of reading this website kicked in... i started reeling of facts and figures , i was in auto mode... he thought i wanted to stay with them and tried to get me to cancel my claim... he said i might get it wrong and lose.. i am going to court on the 4 september... if i had not got it wrong by now then good chance i wont... tried to quote me the LLOYDS case, well i threw that back at him big style... that stumped him... in short i asked for my statements back and all data held on me and to get to me by next week if not then i will report him all over the shop.... i cant believe it... they have been claiming on my account without my knowledge.... what shall i do... contact OFT, newspapers or the financial omnibus?????... contacted abbey and they flagged my account and put a block on them... but it should not affect my claim... will contact cardiff court in morning to speak to them.... help me please...!!!!!!!!!!!!!
  12. right i need some help.... before i decided to go alone in claiming my charges back i started of with a company.. name withheld but if needed i can supply.. changed my mind and started my claim in january...at the same time i cancelled my claim with said company and asked for my statements back... with my claim gathering pace i forgot about my file with this company till today... i recieved a letter from abbey ... hear is an extract... "from april 2007 all claims management companies are required to be authorised unless exempt..etc etc unfortunately we are unable to process this complaint as XXXXXXXXXXXXXX XXXXXXXXXXXX do not appear to have the required regulatory authorisation" now i thought why am i getting this letter when i am not using said company... so i phoned them up... what i found out scared me to death and this is why i need help.. 1... my claim was still going on and they were claiming back my charges at £4000 (rough) and £ 6000 in interest which they keep as their fee...... i found that strange as my claim is for £7142 and bout £8000 in interest... he did not understand why the charges was so different..scaarey part 1.. 2. he said also said the claim was not cancelled and still going ahead... court date 14 aug in cardiff. when i quizzed him bout claim numbers he started saying u dont have one as u dont need one.. scarey part 2... ALARM BELLS RINGING... This is when my months of reading this website kicked in... i started reeling of facts and figures , i was in auto mode... he thought i wanted to stay with them and tried to get me to cancel my claim... he said i might get it wrong and lose.. i am going to court on the 4 september... if i had not got it wrong by now then good chance i wont... tried to quote me the LLOYDS case, well i threw that back at him big style... that stumped him... in short i asked for my statements back and all data held on me and to get to me by next week if not then i will report him all over the shop.... i cant believe it... they have been claiming on my account without my knowledge.... what shall i do... contact OFT, newspapers or the financial omnibus?????... contacted abbey and they flagged my account and put a block on them... but it should not affect my claim... will contact cardiff court in morning to speak to them.... help me please...!!!!!!!!!!!!!
  13. sent of another e-mail 2day asking why they bothered asking for a months stay if they cant be bothered to contact me.... phoned the courts and they said its typical of shabbey. i also asked what is happening with my court date and was told the district judge has finished reading a bunch of AQ's and will set a date for them in which one will be mine... great at last.. any way back to my email.. sent one to Inga and one to James... well i got one back from James ( auto reply) saying he no longer works for abbey ... was he sacked or just got fed up, or was he head hunted for all his great work on losing so many court cases on refunds... Do we have a new person to contact with regards to our claims??? and if so do we have a new email or tele number... cheers .....
  14. well here is a quick update... ............ thats it... nothing... been bout 4 weeks now since i sent of my AQ and thought i would of heaard something... i guess no news is good news.. but then my mind starts getting worried.... if anything was wrong then i would of been contacted right??? also just sorting out the court bundle, ie doing the photocopying etc, and had a look at the proposed directions part in the AQ... i am right in thinkking that only applies when its been looked at by a judge and he agrees on them.. what i mean is abbey cant just say this is what we want to happen, cause part says file list of schedules blah blah within 28 days of service of this order with the defendants and courts or it will be struck out.... now as i have heard nothing back from the courts on my AQ, as i guess they r backlogged, then this proposed order of direction is not legal yet... please please please say that is right and put a idiot mind at rest... i know what it says and means but my mind is reading it another way... and panicing... cheers...
  15. finally had an email today from Inga Kirkman... not too sure how to take it... get the feeling its a bog standard kinda of reply.. also it was recieved 2day at 1945hrs.. Thank you for you email dated 4 April 2007. In view of the quantum of your claim, I can not enter into any form of settlement negotiations with you until such times as I have received your past 6 years worth of statements to enable me to conduct a complete reconciliation on your account. I confirm that I have requested these statements, but are yet to receive the same. You should not make any asumptions about other claims commenced in Court. Each and every claim is dealt with on a case by case basis and on its individual merits. I will be in contact with you when I have received your statements. Kind regards, now it says tx for the updates 4 april... upto the 5th april i sent pre-posted AQ emails to her saying such and such... since the 5th i have sent out a different email quoting abbeys AQ and mine... now i guess she goes through her e-box and rattles off these.... as for asking for my staements thats a bit cheeky... or did i mis-understood that.. she is waiting for them from the abbey or from me.. if from me then she can whistle for them till the court bundle... have sent before in all the pre court letters a breakdown of each claim with dates,amounts and what they were.. so what now???? shall i email her back and say what????? they did ask for a Months stay in their AQ but that was to try and settle the claim... i asked for this to not be given as i included in my AQ i had been contacting them for weeks with no reply... and this does not sound like trying to settle it only to stall it.... also i have had a investigation into my claim in the begining .. thats where the GOGW came from..cant she look at that. more stalling tatics i guess...
  16. yes aofie..at 28.7%...£7k+ for charges and £8k+ for intrest and the rest in costs....
  17. dont worry aoife.. my claim is now at £16K+.......and have handed in my AQ and waiting for a court date....
  18. dont worry kimmy... i am not holding out for a quick payment... but i will kick myself if i dont try and also it shows to the courts that i have tried to settle this before a court date as requested by abbey when they asked for a stay of 1 month, even though they have not tried to settle...
  19. relief.... i thought that would be the case.. cause in effect i lost 3 days then cause its easter.. i will still phone on tuesday to explain and also throw in that i have just had an operation.. might pull their heart strings...
  20. tx marie... the offer is open to the end but is changing each time a time line is passed.... i said i will continue to email the settle before a court date is set... then i will start with prep time etc.....i am still trying to think about what mad nick said a few post again bout what to say when i have to reject their offer if they only offer my charges back and not the intrest... the interest outstrips the charges. so i will lose half my claim if i only accept my charges... which i wont.. its all or all.. which means if abbey want to contest the intrest they have to contest the charges..which will not happen i hope... what i am worrying about is my AQ.. posted it onthursday afternoon.. in the past it has arrived next day... now the date to be in is the 9th.. which is a bank holiday... checked online tracking and it has not arrived yet or they have not downloaded the machine they use for signing.. r courts open on a saturday??? if not what can happen.. will they take into account it was a holiday w/end and phone on tuesday.. dont want to get this far and bugger it up.. when the banks miss a deadlie the courts give them extrat time do they do the same for us with the AQ's...
  21. well now the AQ has been posted of and i have theirs i have now reworked my everday email i am sending abbey to sort the claim out before court.. this is the new one i will be sending inga and james Dear Sir/Madam As you might be aware I have posted of my Allocation Questionnaire and have received your completed Questionnaire with your draft order of directions. I thank you for these and I have forwarded onto you my completed copy with all documents that I have stated attached in the Questionnaire. In the section A you requested a stay of one month to try and settle this before court. Well as I stated in my Questionnaire I have repeatedly been trying to contact you by email everyday since the 24th March to try and settle this. Can I ask why you have asked for a stay but you are then unwilling to reply to my repeated emails and corraspondence to settle this claim? I requested to the judge that no stay is given as I have shown i have been willing to settle this matter before a court date is set and any further costs are incurred. I am though still willing to settle this matter before a court date is set but without the further delay of a stay as I feel a month will pass and you will not of contacted me. So if you will like to contact me on this claim to settle for the now figure of £xxxxx.xxp, as the cost of the Allocation Questionnaire has been added, I will be happy to and avoid a long delay and freeing up more of the courts time for more important issues. below are the areas that you can contact me on. Or if need be you can reach me by post on this address I hope to here from you soon so this matter can be dealt with swiftly and to an agreement that satisfies both parties yours faithfully does this sound ok or does it need a bit of tweaking or just filled in the big round filing cabinet..
  22. just go with the AQ... i had abbeys AQ and they wanted a stay of one month to try and settle the claim.. strange as i have been constantly emailing them (inga and james) to settle and not one reply... they r just stalling...i will wait now to see what will happen with their request... but i am going to email both of them every day now till the end just so i can clog up there inbox:eek:
  23. see thats what i thought....they cant contest the interest if the charges have not been settled ... they have to go into court and fight both or none.. am i right... i will not settle for anything less then all... i have full confidence... will only sign for something if its full amount and i want all in writing.... as i said in my AQ ...writing is hard proof of what is said... phone calls and conversations(unless taped) is hearsay and can be misinterpreted.... anyway i feel lucky.... why not.... we both asked for samll claims and i think the judge will see this is another one to add to the growing list... hope so....
  24. gave abbey all the chances to settle before i posted my AQ... had 4 days left and decided to post it after i got theirs today... theirs was basic... they even asked for a stay of one month to try and settle... cheeky buggers... i have been emailing for over 10 days now.... so completed my AQ and added on the other info section i decline their request for a stay as ( i included a print out of my inbox and the email i have been sending everyday) they have made now effort to settle but i have gave them ample time to.. backed this up with proof of letters including all the emails i sent... put in a better version of their poor effort of a draft for direction... at least they asked for it to go to smalls claims track like i did... what was their reason .. oh yes "in the interests of commerciality the defendant consents to the entirety of the claim disposed in the small cliams track".. what i can gather is 1: they dont intend to turn up. WHAT A SURPRISE !!! 2: if it went to multi-track they will be liable for much more costs when they lose or dont turn up... so i guess all the times they ask for small track they have no intention of turning up... am i right.. yes.8-) well i am going to email everyday now till either we meet in court and i can show the courts they dont bother to answer ( been emailing inga and james) or they answer with all my cash.... oh yes buggers cost me another £100... atleast i can add it to my total £16049.80p... now i am going to try for prep time...:o
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