Abbey have submitted a defence.
Basically, it reads:
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("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 he opened the Account. The Defendant will refer at trail 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 he has had the Account, the Claimant recieved 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 seperate occasions, full details of which will be provided on disclosure. Therfore 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 amount of £2000.25 or any other amount, was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied.
8. The Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportinate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damages suffered by the Defendant.
9. Further or in the alternative, even if the said fees are not proportinate 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 charges 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.
The Defendant believes that the facts stated in this defense are true.
I am duly authorised by the Defendant to su=ign this statement.
Full name Inga Kirkham
Positon Held: Legal Officer
Date 25 October 2006.
I also have atransference to my local court and an allocation questionaire to fill in!!!!!!!!!!1