I didn't want to assume anyone would be up that late to give me advice and If I left it to today then I might have missed te deadline.
My fault for leaving it too late.
This is what I sent.
1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Nationwide Bank.
2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.
3. I refute the claimants claim is owed or payable. The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.
4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.
5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.
6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
Therefore the claimant is put to strict proof to:-.
(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.
© Provide a breakdown of their excessive charging/fees levied to the account with justification.
(d) Show how the Claimant has reached the amount claimed.
(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.
7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 14th March 2018 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.
By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
Hopefully it is ok.