Sorry its been a long time since I have posted. Just to let you know I have settled with Mr Arrandale amicably - will send donation as soon as money cleared and bills paid. Thanks to all on here for your help. Please can someone put settled next to my name. Will log back in once I start second claim.

It must be normal, They didnt include the interest in mine either, or my wifes!

Thanks Catherine and dave, Joanne only read your thread last night, Its good to here everything is going well, I have been following your thread for the last few weeks, I have a week off work so joanne is cooking my breakfast, I guarantee your pc knowledge is better than ours lol, joannes e-mail is EDIT: I HAVE REMOVED EMAIL ADDRESS

Still waiting for microfiche after four months, But they took the ten pounds off me fast enough. This is really good news!:grin:

thanks lesser, did you receive the same defence?

Agreed, But if the fees really were a geniune pre-estimate of damage suffered by them, why have they denied that they are penalty charges in the same paragraph, I dont understand what they are trying to say these fees actually are.

This is a copy of the defence 1. Save as is specifically admitted in this defence, the defendant denies each allegation set out in the particulars of claim. 2. It is admitted that the claimant has a current bank account with the defendant ("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 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 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 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. 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 relivant time. In accordance with the conditions, such fees were debited to the account. 7. In the view of the facts and matters referred to in paragraphs 3, 4, 5, and 6 above, the defendant denies that the amount of £4274.54, or any amount, was unlawfully debited to the account and the claimants claim for the repayment of that amount is therefore denied. 8. The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administrative expences incurred due to the claimants 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 defendants administrative expences 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. 11. The claimant is put to strict proof of all amounts claimed. this was from charlotte thubron of DLA piper does this sound like a standard defence:???:

Is there a copy of their defence on system so I can compare, think it is just standard b.s though.

I was wandering why Joanne and I didnt receive A 50% letter with the defence ,as it seems everyone else has?

received the defence on thursday, direct from DLA piper Also a copy with AQ from court this morning.

It seems rugby county court is'nt mucking about, just received AQ this morning, From the papers being served on Abbey to receiving the AQ has taken less than four weeks, Is it me or does this seem pretty quick, But still no 50% letter.

abbey have around a week left to send defence after this i will receive the aq but if they have just changed solicitors will they still have to comply with the courts deadlines?

Notice sent to Abbey on 15/9..

Claim handed in to local court today...

Their deadline is this Thursday (31st).

yes, both signed by kevin smith (senior customer resolution manager) funny how he has made mistakes for both accounts

just received same (error) letter as joanne dear mr hunt i write with reference to my letter dated 15 august 2006 regarding your bank charges (£575 refunded) unfortunately, the aforementioned letter was issued with an ERROR. i have actually refunded £685, directly to your account. i have also cancelled charges of £145 that would have been applied to your account on 16 august 2006. please accept my apologies for this error. yours sincerely has anyone else had this letter, if so what are they upto, and how would this make them look in court.

joanne has had refunds left right and centre,its hard to keep up with them.

yes, its going to help pay the court fees.

thanks karne, i think that must be the only way forward, they are just trying to confuse matters.

just been refunded another £110, so the letter i wrote to abbey last night accepting last weeks refund as partial and adjusting my claim is now incorrect.

thats better, thanks martin.

does this sound ok? Dear Mr Smith Thank you for your letter dated 15th August 2006, Thank you for crediting £575 to my account on 15th August 2006, As you did not give me the option to decline your offer I have accepted the £575 as a partial refund and will adjust my original claim of £4959.54 to £4384.54. As you will be aware I will be submitting my claim in the courts for a refund of charges debited from my account in the last 6 years now totalling £4384.54 at this point additional interest will be added to my claim pursuant to section 69 of the County Courts Act, and court costs will also be added. In order to avoid this course of action I ask that you settle my claim in full, a total of £4384.54 to be credited to my account prior to 4pm on 31st August 2006. Alternatively I will pursue my claim in the courts for the full amount.

thanks phil, i agree 100%, but ive already accepted partial refund. thanks martin, i think you are spot on with what abbey are trying to do, it doesnt bother me, i will just keep plodding on. although i do wonder what they will do next, and i dont think they realise that this partial refund will pay for my court case.

dont know if you have noticed by reading this thread, but most of my claim is estimated as they havent sent all of my statements (microfiche), i have sent them a spreadsheet with both the prelim and lba useing the statements in my possesion showing how i have calculated the estimation useing the 16months worth of statements, i also stated to them i would ammend this figure when i receive the rest of my statements, so i dont know how or where they would of calculated this refund, ive checked the statements in my possesion and the £575 refund doesnt make sense. in a way, im happy they have done this, because if the charges were lawful they wouldnt make any goodwill payments, it makes me more confident for when i take them to court. their is one thing about this that makes me angry, the fact that they didnt give me the option to decline the refund.