Glenn Vs Abbey

[lofaprize]

thanks Glen,

how do i make a link?

i called my thread lofaprize v abbey but i wanted to change it. can i do that?

[TANZARELLI]

Very interesting Glenn.

 

Tanz

[TANZARELLI]

Hi Glenn,

 

Do you know what the current APR is for Unauth Borriwing for A&L and the Auth Borrowing rate, for a basic current acc?

[newbody]

Current account interest rates and charges from Alliance &amp Leicester

 

Interest payable on Current Account overdrawn balances

 

Per MonthPer AnnumEffective Annual RateAuthorised and Unauthorised overdrafts 1.33% 15.87% 17.08%

 

Previous interest rates on overdrawn balances from 2 December 2002 to 13 January 2005

Per MonthPer Annum Effective Annual RateAuthorised and Unauthorised overdrafts 1.25%15.00%16.08%

 

 

 

Current account interest rates and charges from Alliance &amp Leicester

 

Premier Current Account interest rates & fees

Interest or fees you pay us

 

Per month

(variable)Per annum

(variable)Effective Annual Rate

(variable)Authorised overdrafts for the first 12 months from account opening, up to £2,500 0%0%0.0%Authorised overdrafts

0.64%7.63%7.9%Unauthorised overdrafts 0.64%7.63%7.9%

 

hope this helps link to home page Current Accounts at Alliance & Leicester plc select account type fees listed under the account

[bish]

Hi Glenn,

 

Abbey settled on the morning of the hearing, still went to the hearing but just formality. Thanks again for your help much appreciated, Hope yours gets resolved completly soon and if I can help in any way just shout. Will be keeping an eye on your thread anyway. Good luck and best wishes.

 

Regards bish.

[Glenn UK]

Bish

 

I hope you got what you wanted

 

Glenn

[bish]

Hi Glenn

 

Yes got the full charges plus interest and 8% and costs, so well happy.Can pay a lot of outstanding debts and arrears that mounted up due to these bank charges. Most of my charges occured in the last three years, due to my wife falling ill and having to stop work. Takes alot of pressure off. Again I hope yours gets resolved soon.

 

Regards bish:)

[TANZARELLI]

Thanks got this, jsut seemed a bit low wondered if it was right. Its not for me its for a mate and said I would find out for him.

 

Thanks anyway newbody.

[bish]

Hi Glenn

 

Just posted on here kimmy v abbey NO ****2**** see what you think, it rang a bell with your allocation hearing and mine. I was expecting a barrister like you had, but they settled, and kept wondering why. The only reason is the interest and the defaults, got the mind going, have a look and see what you think.

 

Regards bish.

[Glenn UK]

RIght i received the order from the court today, basically it confrims the settlement of the charges and lists the removal of the default in the fast track and orders standard disclosure by list.

 

So i need to get my list drawn up to send to Abbey for their information.

 

THe brief on the day was quite keen that standard disclosure shold only apply to this portion of the claim.

 

However, what he either didnt know or forgot was that in my POC I related the default directly to the unlawful charges

 

Seems to me that irrespective of the charges being settled that standard disclosure is still on the cards here.

 

I wonder if it will actually get into court ?

 

Glenn

[chezt]

I wonder if it will actually get into court ?

 

 

Mmmm .... Watching with interest Gary!

[bish]

Hi Glenn

 

This was the bit I was unsure of, like you I am not a barrister or have to much knowledge of the law. If they have to enter court to defend the charges then they will not enter court to defend the interest. Bugger they have settled my claim. But that will not stop me encouraging others to go for contrctual interest. Well done mate, good job. I was sure he was trying to seperate the charges from the interest in your case.

 

Regards bish.

[sarahpp]

Hi Glenn

 

Well done mate, good job. I was sure he was trying to seperate the charges from the interest in your case.

 

Regards bish.

 

This seems to be the tactic at the moment in a lot of cases.

[bish]

Hi Glenn

 

Do you think they will go into court, they can't disclose so how will they get into court to defend the interest and defaults. You have put a lot of time and effort into this and I realy hope that it pays of for you, you deserve it.

 

Regards bish.

[Glenn UK]

Bish

 

I have always maintained that there are certain issues that the banks would be keen to retain.

 

The charges funnily enough are not one of them, depending on what the oft says will depend to a large extent what happens long term in respect of these claims IMHO.

 

However, claims for contractual interest on top of the money they have taken and defaults were always issues that i thought would make a difference to the banks.

 

Interest because of the possible implications and defaults because its their ultimate weapon.

 

I know they can take you to court and get money back if you have it, but without the default system they cannot stop you moving to the bank next door and doing it all again. Of course every bank is also the bank next door so its in their interests ti fight hard for this matter.

 

SO i think they may well try to fight disclosure of charges details, their barrister was quite keen to ask if this was in relation to the whole claim or just the default removal. However, as i have previously posted, the PoC specifically relates the default to the unlawful charges.

 

Glenn

[bish]

Hi Glenn

 

I think you are correct in what you say, but the angle I am coming from is that if you apply contractual interest to your claim, and avoid the pitfall that you encountered then they must pay you the contractual interest, they have no choice other than to enter court and defend the charges, which they will not. I am thinking of other claimants and possibly getting them to actualy defend a case. My charges were £6600, if I had had the bottle like you to apply contractual interest, then the interest alone would have taken the claim to well over £10k. Can they afford to start paying claims with contractual interest, as they can not enter court to defend the charges, they have to settle.

 

I still have one claim against a credit card, and am going to go for contractual interest, what I am trying to do is encourage others to follow your lead, If nothing else it will cause them pain and money, which hurts them.

 

Regards bish:D

 

PS It may not have been the default he was worried about.

[Glenn UK]

Bish

 

I agree with your thoughts entirely and if only i had said 'im happy to discuss the case on a WOP basis only' then i would still have a chance of getting CI on this claim.

 

Glenn

[TANZARELLI]

Glenn,

 

Do you think that as Banks seem to be offering to settle at charges plus 8%, which is often claimed in the second or third alternative, that it is better to not even claim this and just use the unauthorised or the authorised rate? This would not give them the option to offer this. Yes it would mean risking the possibility of not getting any interest at all if it went to court, but wouldn't it be a risk worth taking?

[philread1]

Hi Glenn

Do you think they will go into court, they can't disclose so how will they get into court to defend the interest and defaults. You have put a lot of time and effort into this and I realy hope that it pays of for you, you deserve it.

 

Regards bish.

 

My thoughts exactly, Glenn!!!!! Keep at 'em!!!!!

Phil:)

[Glenn UK]

Tanz

 

It makes no difference imho, unless you only claim one rate and dont leave the courts any room to use a lower rate.

 

just be cause you claim it doesnt mean the defendant has to use your figures.they are using the 8% because they know thats the max a cout would generally award.

 

Glenn

[sarahpp]

Ah, but some of them aren't Glenn. I have seen a defence which stated that they had paid the 8% as requested by the Claimant and now considered the claim fully settled.

[TANZARELLI]

Yes and if you don't offer that option then surely this is a negotiation thing is it not?

[Mad Nick]

Glenn,

If you need case law to claim back contractual interest on top of what you have paid out then it isn't coming across in your posts.

Don't you worry about my claim - as you say, I've got a sound legal basis for it. I'm just dying to see what Case Law you've found for yours. Good luck with it.

 

Regards, Mad Nick

[Glenn UK]

Ah, but some of them aren't Glenn. I have seen a defence which stated that they had paid the 8% as requested by the Claimant and now considered the claim fully settled.

 

The trouble is Sarah unless we can see the whole claim laid out then its difficult to know what to say.

 

Personally I cant see that what we put in our claim can seriouelsy influnce the banks views if they choose to offer 8% since its the statutory rate and unless the claimant wins their argument in court of contractual interest then thats what a court would award.

 

The real issue is whether the claimant decides to accept that offer or not, and to be certain of the hows and whys of rejecting that offer, or indeed accepting it but not being constrained by that decision.

 

JMHO

 

Glenn

[Glenn UK]

Glenn, Don't you worry about my claim - as you say, I've got a sound legal basis for it. I'm just dying to see what Case Law you've found for yours. Good luck with it.

 

Regards, Mad Nick

 

Nick

 

I didn't need any case law to claim back the interest id paid, this is contractual interest but not the one i was bothered about.

 

The contractual interest i was bothered about was the money i wanted to charges them on top of all that, I didn't have any case law specifically about that and you know the score with respect to the unjust enrichment/disgorgement scenario.

 

Finally its irrelevant for this claim since the monetary side of things has been settled.

 

Glenn