hi can you tell me where you got the old T&Cs for abbey?

Hi can someone help me with this

I have gust received for the court a notice of transfer of proceedings form to MCOL Northampton court to Weston-super-mare county court I was expecting this, but the judge at Northampton court has attached this order.

WITHOUT HEARING

IT IS ORDERED THAT-

1. THE FILING OF AN ALLOCATION QUESTIONNAIRE BE DISPENSED WITH IN THIS CASE UNLESS THE DISTRICT JUDGE AT THE COURT OF TRANSFER ORDERS OTHERWISE.**

NOTE: any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for details.

Date order drawn: 30 may 2007

What will happen about the discloser order that id be asking for on it ?

cilin11

Hi thanks for your help, I think it is made up of charges if I look at my statements it’s the only time you see this after there has been charges

thanks for your help i will carry on and see how thing go then

cilin11

Dear folks,

I am claiming against abbey, and their solicitor has informed me that the bank are going to Defend the claim.

After reviewing the banking charges that I am trying to win back, I see that my claim includes both; Penalty Charges for going over my overdraft and the int debit as well

and my un authorised o/d fees

(this website suggests that I can't claim for this).

Have I sabotaged my claim completely, or will I still be able to win back the Penalty Charges only?

Your help would be appreciated.

I have just received a copy of the Defence that Abbey have filed with the court. Having read other thread this appears a standard defence, however unlike some other threads i did not get an offer to settle letter.

 

What happens next? Do I have to contact the court or will they automatically send me ther AC.

 

 

Abbey National PC have on the 29/05/2007 filed a Defense with the court

 

This states that:

 

IN THE NORTHAMPTON COUNTY COURT BETWEEN:

XXXXX Claimant

- and -

ABBEY NATIONAL PLC Defendant

 

DEFENCE

 

1. Save as is specifically admitted in this Defense, the Defendant denies each and every allegation set out in the Particulars of Claim.

 

2. lt is admitted that the Claimant has a current bank accounts with the Defendant, account numberto be particularised (the "Account").

 

3. At all times the Account 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 the Claimant opened the Account. The Defendant will refer at trial to the full Conditions but for the purposes of this Defense 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 unauthorised overdraft you will 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 available funds in your Account”

 

4. Throughout the period that s/he 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 there has 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 occasions, 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 breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. ln accordance with the Conditions, such fees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendant denies that the amount of £ xxxx.xx or any other, amount was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied. The Defendant denies that the Claimant is entitled to claim interest of any amount.

 

8. The Claimant's contention that the said fees are unenforceable and/or are ''penalty charges'' is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees 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.

 

l 0. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

The Defendant believes that the facts stated in this defence are true.

 

I am duly authorised by the Defendant to sign this statement.

 

Full name:

 

of Abbey National plc

signed

 

position or office held: Paralegal Date: 29 May 2007

hi PSM

i have had the exact same defence for the abbey on 21/05/2007

and no offer so i think we are just gonna have to go all the way before

we get the money .i haven't had aything for the court yet its now 1/06/07

let me know how you get on

cilin11