Hi Gary, unable to work my scanner, so I will write abbeys defence down for you word for word and I hope it will help. If you would like a copy I can scan one and send it to you at the end of the week. Kev.
IN THE BRIDGEND COUNTY COURT Claim No: 7BG 00981
ABBEY NATIONAL PLC Defendant
Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the particulars of claim.
it is admitted that the claimant has a bank account with the defendant, account number to be particularised (”account “)
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 t which the claimant agreed when he opened the account. The defendant 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 limits and the interest rate applicable.”
(2) “An unauthorised overdraft occurs if without or 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 funds in your account.”
Throughout the period that 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 t the conditions extracted in paragraphs 3(1), (2) and (3) above).
Any overdraft facility on the account was (and is) subject to the conditions .
The claimant has overdrawn or exceeded authorised 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 contact and the claimant become liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.
In view of the fact and matters referred to in paragraph 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 claimants claim for the repayment is therefore denied.
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 defendants administrative expenses incurred due to the claimant breach of contract and are a genuine pre- estimate of the damage suffered by the defendant.
Further or in the alternative, even if the said fees are not proportionate to the defendants administrative 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 to account.
The defendant denies that the claimant is entitled to claim interest of any amount.
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: Vivian Roux
of Abbey National pic
Signed position or office held: Paralegal
Date 31 July 2007