This is a recent Defence sent to me by the Abbey National Bank (Word For Word) who look likely to contest in court, Any comments and advice would be appreciated and I would like to know if anyone else has received anything similar. DEFENCE 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 number to 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 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 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 ammended 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 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 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. In 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 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. 10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same. 11. The Defendant believes that the facts stated in this defence are true. 12. I am duly authorised by the Defendant to sign this statement