First I'd like to thank everyone that's running this forum,it's really really helpful.
I'm pretty much at the same stage as most people I've read about i.e. have received a notice of transfer proceeding, as well as the defense from SC&M in one go.
I have a problem though:
When i first started my claim, I included a charge in my list of charges for £10 (my first ever) that was taken from me on the 02/03/2001.
I sent this list of charges along with a letter threatening court action if they didn't refund all those charges + interest by recorded delivery which arrived on the 25/01/2007.
By the time they had responded and I had issued them with court proceedings, it was the 16/03/2007 (2 weeks too much).
Now in their defense it says (I quote):
7. In the premises:
7.1 the charges are for banking services, and are not damages nor a penalty;
7.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;
7.3 it is denied that the charges are unlawful or contravene any statute or regulation.
8. Further, insofar as part of the Claimant's claim is based on charges levied on his account prior to 6 years from the date of issue of his claim that is 16th of march 2001, this part of the claim is statute barred by section 5 of the Limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 16th of march 2001 as the Particulars of Claim does not show how the amount claimed is arrived at.
9. The Claimant's claim is denied in it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank.
So they should be able to see how I got to the amount claimed, since I sent them a full break down of all the charges + interest, and they could have checked it when they got the letter.
My question is, do I need to update my claim and withdraw that £10 charge+relevant interest?
Also,I am confused as to whether or not to send a draft of order?
And I received this court transfer proceeding on the 11th of April, am I waiting for a letter from the court to ask me to come see them?
Thanking you in advance,