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kia

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  1. kia

    New member

    kia here i never got them all despite repeated letters and threats so i just estimated them in the end cos didnt want any more delays xxkia
  2. hiya kia here keep with the schedule everyones had these gestures of goodwill and as far as i can see there just another stalling tactic as you will probably get used with the scabby but just try and stick with the timetables thats the best bet xxkia
  3. id be interested to know myself as im slightly behind you so we wait with baited breathxxkia
  4. ok thanks sorry took so long to reply costly business this suing lark isnt it thanks garyxxkia
  5. another quickie do i have to pay the £100 fee as i already paid the £120 when i put in the court forms xxkia
  6. yep they really talk a lot of sh*t on that letter dont they never explaining themselves just going over the same old ground bring it on i say!!xxkia
  7. thanks gary so much really needed that help as it looked really complicated but the thread really helped ta xxkia
  8. right this is the letter i recieved from the court Defence 1. Save as is specifically admitted in this Defence,the Defendent denies each and every allegation set out in the particulars of the claim. 2. It is admitted that the claiment 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 agrred 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) At all times 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 she has had the Account,the Claimant recieved the tariff of charges as they were amended and updated(though there has been no amendment th the Conditions extracted on paragraphs 3(1),(2) and (3)above). 5 Any overdraft facility on the Account was (and is) subject to the the Conditions. 6 The claimant has overdrawn or exceeded unauthorised overdraft 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 contract and the claimant become liable to pay fees to the Defendant in accordance with the the Conditions,such as fees were debited the the Account. 7 In view of the facts and the matters referred to in paragraphs 3,4,5,and 6 above the Defendant denies that the amount of or any other was unlawfully debited the the Account and the claimants claim for the repayment of that amount is therefore denied. 8. Thae claiments 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 claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. 9 Further or in the alternative,even if the said fees are not proportionate to the Defendants 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. the Defendant belives that the facts stated in this defence are true. I Am duly authorised by the defendant to sign this statement. then it says his name of abbey national plc position or office held:Legal Officer date:29 march 2007 so there you have it
  9. hiya think ive answered my own question witnesses is that me so its one?ive found the witness statement do i use karnevals one?cos ive book marked that one.thew experts thing there arent any are there.What do i put for the any more info is that on karnys thread as well and the £100 pound fee havent i already paid this anyone or is this on top of what ive already paid?xxkia
  10. oh and i forgot do i need three copies of all the statements taxxkia
  11. hiya right a bit of an update got two letters from them the scabby and the courts ill write in the full letter tommorrow havent got the time now just got a couple of questions.The AQ was one of the letters and th other was there defence that came within days if each other.first question witnesses it says how many?experts do you want permission?is there any more infomation?and lastly the £100 fee do i have to pay this on top of the court fee cos its an expensive job if yes cos ive already paid the court fees .I knoiw all these questions seem fairly obvious to most people but im panicking abit and nees help thanks xxkia
  12. really loved reading you thread night nurse and youve really encoraged me to carry on and waiting for there defence and youve really geared me up thanks and enjoy your money love xxkia
  13. thanks karny good to hear from someone familiar sorry was a while replying couldnt get on computer no excuse i know and no news from shabby will keep you informed of any devolopements xxkia
  14. hiya got another letter today saying there going to defend arrghh so they have given them 28 days from the day letter served and that was 22 March so know i presume i wait see what they send next i knew i wouldnt be so lucky its never easy is it
  15. finally did it went to court office cos was not sure whether id filled in form right so now the balls rolling they have got till the 2nd April to defend it so i wait with baited breath has any one had a case where it was not defended as i would be interested to find out
  16. hiya i estimated mine as they try and delay as long as possible and i never recieved all of mine even after several letters and what did come where all mixed up so i gave up on that hope it helps xxkia
  17. the more i read the more i get confused and cos some time has elapsed im not so sure of myself as i was court is very daunting
  18. god only knows if you found out let me know xxkia
  19. my heads been spinning for months now and ive gotta get a grip xxkia
  20. kia

    SueC V Abbey

    hiya sue all that default rubbish is there way of saying get lost our system is right and your in the wrong and for years i believed them but now i realise that the letters they send are standard letters printed out in the thousands and are not individual and now i want my default removed cos we were stopped from getting a loan because of there nonsense and i know it was there default that caused it and made us feel small so good luck with your fight and ill help where i can as will others im sure xxkia
  21. yep thats the one triton sqxxkia
  22. yes i was just thinking that myself that bit of the case id pushed to the back of my mind but it has to be done as we still have that on our account and its not on taxxkia
  23. kia

    starter advice

    my statements where hit amd miss and im still missing about 13 months of statements but not consectutive ones either just to confuse me or cos they thought i wouldnt check ha lolxxkia
  24. i dunno the speadsheet baffles me still and this is my second time round the prelim letter i think doesnt go to same person as statements person but check on that not sure who it is too if you dont find out by tommorrow ill look back at old letters to find out who isent mine to not that it makes any odds youll get standard letter back if your still stuck ill find it then xxkia
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