Glenn Vs Abbey

[Glenn UK]

Phil

 

Well i fpush comes to shove ill ask the court to amend it, the 35 quid would be worth it, although i have asked for it, and could provide a schedule of CCA interest along with the costs schedule.

 

THanks for posting that.

 

Its also a point worth noting that the court of its own volition can amend the claim downwards for any reason it sees fit. So one would hope that if it feels the claims for contractual a problem then its simple to reduce it to whatever level the court thinks fit.

 

Ill have a think and decide whether to worry and change it.

 

GLenn

[Guest ian cognito]

Glenn

 

I've read your thread a couple of times and am now unclear as to whether you are still claiming for those charges over six years old, or, by splitting your claim, you have omitted the older charges? Also the some of the original claim was within 6 years and some prior to the 6, do you think this makes a difference as oppose to account that was closed more than six years ago? Sorry to ask so ,many questions when you obviously have other things to worry about!

 

Good luck with your claim, I'm going to be keeping an eye on this one.

[Glenn UK]

Janquinny

 

The claim i have just filed is comprised of a mixture of charges, some 2005 - 2006, the remander from 1997 - 2001.

 

I have split the claim on the basis of the statements i actually have as opposed to those i am estimating.

 

I am still seeking statements from Abbey that are missing and when i receive these i will enter a second claim.

 

I dont see that it makes any difference to to me or the abbey when the charges were applied in the sense they will fight them whether they are 8 days or 8 years old.

 

Obviousley if you have a claim and split it so that anything older than 6 yeaqrs old is not showing then it does in theory simplify the claim.

 

In reality if the charges are found to be unlawful, and i think they will be, then the limitations act is the least of the banks problems.

 

JMHO

 

Glenn

[philread1]

Hello Glenn

My claim was issued today, they have 14 days to respond with a defence after it being served. Let Battle Commence!!!!!

Phil

[Glenn UK]

Phil

 

Im away on business so havent had a chance to ring the court to ifnd out if mine was issued, they said, 1st thing friday morning, it would be issued that day!

 

Ill see soon enough.

 

Glenn

 

PS good luck.

[Glenn UK]

Got my copy of the issued N1 today, deemed served on the Abbey 20/09/06 so acknowledgement must be by 4/10.

 

I reckon it will be a few days after that before they file if theyre true to form.

 

glenn

[philread1]

Hello Glenn

 

Just received my acknowledgment this morning, my claim was deemed served on the 23rd, so I'm right behind you. I was a little surprised, as you, I expected them to take a little longer to acknowledge, they could have had another week!!!!!

 

Phil:)

[Glenn UK]

Well, well, well, Abbey acknowledged on the 29th September.

 

They acknowledged five days early!!!

 

I wonder if the compound interest, charges older than six years and fast track has grabbed their attention?

 

I wonder what theyre defence will contain?

 

Lets see their next move.

 

Glenn

[Lula]

I am watching this closely Glenn, because I have charges 93 - 00 which I have held off from claiming and will if you manage to win your undoubted argument with DLA/shAbbey regarding the limitations issue.

 

Very interesting indeed

[bp]

Me too! I can just see it now test case, test case, test case!

 

Sorry, just taking the mick.

 

Abbey must be bothered to have acknowledged so quickly!

 

We are all watching.

 

All the best.

[Guest ian cognito]

Yeah good luck Glenn, you have plenty of people behind you here - all peering over your shoulder, rubbing their hands and waiting to dust off those old bank statements!

 

On a more serious note, fingers crossed for you.

[Glenn UK]

Well having read through their defence I thought i needed some clarification of a couple of things.

 

Dear Ms.Thubron

PRELIMINARY REQUEST FOR FURTHER INFORMATION OR CLARIFICATION pursuant to CPR 18 made on 15th October 2006.

Between Glenn Lewis Horton, Claimant and Abbey National PLC, Defendant

In The Southend County Court

Claim No 6SS 03187

Please find set out below a request made pursuant to CPR 18 for further information following receipt of your defence in the case mentioned above.

• In the defence submitted on behalf of Abbey National PLC, Clause 3 refers to the full terms and conditions. The claimant request a copy of the terms and conditions upon which you intend to rely.

• In the defence submitted Clause 8 you state that the charges are a genuine pre-estimate of the damage suffered by the defendant. The claimant request a copy of any documentary evidence the Defendant intends to rely upon in its defence relating to their pre-estimate. It is noted that since the defendant had been applying charges to consumers accounts over a number of years predating the Claimants account history with the defendant, that this documentary evidence would not doubt be available without undue effort or time delay.

I would appreciate a reply within the next 14 days.

Yours faithfully

 

Any thoughts?

 

Glenn

[Glenn UK]

She made a couple of mistakes too

 

 

Dear Ms.Thubron

Between Glenn Lewis Horton, Claimant and Abbey National PLC, Defendant

In The Southend County Court

Claim No 6SS 03187

I thank you for the copy of the defence you prepared on behalf of Abbey National and wanted to point out a couple of minor errors which you should be aware of.

• As far as I am aware my account is closed, your client withdrew the use of my cheque book and card, and has not had any communication with me for several months now. I have not had any access to this account for some time.
  
• Since the account is closed, then there is no overdraft limit in force.
  
• The value of charges you allude to is incorrect and does not relate to the charges set out in my claim.

If you have any questions please feel free to drop me a note

 

ill drop her a friendly note.

 

Glenn

[Glenn UK]

Oh Karne, you've spoilt it, i thought she spent hours sweating and worrying over my claim.

 

On a more serious note, I was considering asking a lot more questions for the CPR 18 request but i thought on balance to keep it brief.

 

Before i post it anyone have a counter view about what i could/should ask for?

 

Glenn

[Glenn UK]

Good point, when they refuse to submit part 2 ill ask the court to strike.

 

Glenn

[Glenn UK]

Thought Id change the CPR 18 request for clarification

 

 

• In the defence submitted on behalf of Abbey National PLC, Clause 3 refers to the full terms and conditions. The claimant request a copy of the terms and conditions upon which you intend to rely.

• In the defence submitted Clause 8 you state that the charges are a genuine pre-estimate of the damage suffered by the defendant. The claimant request a copy of any documentary evidence the Defendant intends to rely upon in its defence relating to their pre-estimate. It is noted that since the defendant had been applying charges to consumers accounts over a number of years predating the Claimants account history with the defendant, that this documentary evidence would not doubt be available without undue effort or time delay.

• In the defence submitted Clause 12 you state that the claimant is not entitled to claim charges incurred over six years prior to filing the claim. As you are aware Sec 32.1.b and c of the Limitation Act provides relief for claimants where the defendant has concealed the nature of the charges or the claimant has made a mistake in law or of fact. Can you therefore clarify when the defendant became aware of the Office of Fair Trade investigation into credit card charges what consideration they gave to the implications for bank charges prior to and following the release of the OFT report?

 

 

• In relation to item 3 above can you clarify what efforts the defendant made to make their customers aware that their charges may be penalty charges and when?

 

Should make them smile,

 

Made me smile, wonder if they will respond.

 

Glenn

[Lula]

Oh yes, we like that, good call!!!!!whats the phrase I am thinking of??? of yes kakking their pants LOL

[Glenn UK]

LOL

 

I think they will laugh and forget to reply!!!

 

Mind you if they dont i wonder if the court would strike their defence out if they refused to suypply the info.#?

 

I can try.

 

Glenn

[Guest ian cognito]

And you have every right Glenn, they're all valid points which they should reply to - if they can!!!

[srfrench]

Aha....... so this is where you're hiding the juicy bits lol.

 

Watching you Glenn......

[Glenn UK]

If anyone has any views about how ot what ive said feel free to comment, this is to be attached to my AQ for submission on monday

 

 

Glenn Lewis Horton, Claimant

V’s

Abbey National PLC, Defendant

In The Southend County Court

 

Claim No xxxxxxxx

• May it please the court, I request that the Defendants claim in respect of the above case is struck out on the basis that the Defendant has no basis for its defence.

• I am aware that the Defendant has recently experienced a large number of claims for the return of charges unlawfully levied on customers accounts

• The defendant has repeatedly acknowledged claims, entered the same defence they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings. (A sample list of 28 cases is attached for your information, See copy marked 1).

• However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court.

• Further the Defendant has been asked by way of a formal request pursuant to CPR 18 for clarification of any evidence it has to support its defence and it has failed to either acknowledge the request or supply any data (See copy attached, marked 2).

• The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract which it claims allows it to levy charges of the magnitude it has done in the claimant and other customers cases.

• In the event that the Court is minded to allow the defence then it is requested that the Defendant is put to standard disclosure pursuant to CPR 28.3(1)a.

• May I respectfully request that the court orders disclosure of:

• • the defendants costs in relation to the administration of breaches of contract on the part of the claimant; &
    
  • the defendant provides evidence of its pre-estimates prepared during the period the claimant held its account with the defendant; &
    
  • the defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations into the investigation by the Office of Fair Trade into credit card charges; &
    
  • the defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations relating to the introduction of the Unfair Terms in Consumer Contracts Regulations 1999.

• The Claimant first requested the return of unlawfully taken charges on the 4th August 2006 and wrote again on the 24th and 26th August 2006. Since the Defendant received these letters they have failed to enter into sincere negotiations or dialogue to settle the claim. I can see no merit in any further delays to attempt a settlement. I would respectfully suggest to the court that the Defendant has attempted to prevent claims being brought against it by every means possible including applications for stays. I believe that in the event that the Court sets a stay in place that this would materially benefit the Defendant at the detriment of the Claimant and justice. I therefore respectfully request this court that the claim is allowed to proceed as quickly as possible to its natural conclusion.

 

 

 

 

Cheers all, BTW the expectation is not that the court strikes the defence out but it might you never know, I can hope cant i.

 

 

 

Glenn

[Lula]

LOL nice one Glenn

[Glenn UK]

If i could get the damn formatting right on here it would be better though!!

 

Glenn

[srfrench]

Nice one Glenn.... lets hope so mate?

[Lula]

Just highlight it all and click on the right hand justify button on your menu bar