Foot Anstey Solicitors Plymouth?? A little concerned now-reassurance please!

[empowered]

It's in my name trading as...... etc etc.

 

Have a look at "Basic Guide - Business Claims". It is basically the same as consumer version except you can't quote Consumer Acts etc in your POC - other than that pretty straightforward. However, you will probably end up with different solicitors. maybe Martineau Johnson who handle the business claims for Lloyds.

[empowered]

Poits are-

1 the def is a bank & I have been a customer at all material times ( ???)

 

2- by open an account I entered into a commercial arrangement & by using thet account I acknnowledge charges.

 

3- The bank provide leaflet in welcome pack outlining charges.

 

4- I failed to ensure sufficient funds etc etc ( not actually true because I was charged for going over drawn after charges were taken, why not take charges when I had sufficient funds to cover them)

 

5- no breach of contract

 

6- customer given advance warning of cahrges being imposed by letter.

 

7- Denies unfair contract trems apply to business users

 

8- denies s15 supply of goods act applies to claim.

 

9 without predjudice to matters in ponts 7 & 8 it is averred the charges are fair & reasonable & deniec they are unlawful.

 

10- It is denied amount claimed is correct

 

11-In the premises;

11.1 charges are for services & not damages or a penalty.

11.2bank entitled to impose charges which are fair & reasonable

11.3 denied charges are unlawful contravene any statute or regulation.

12 The claimants claim is denied.

 

That is the defence in a nut shell- anything unexpected?

 

Standard defence! Don't worry. Just wait to hear from your court if they require AQs to be completed. You may even get a payout pretty soon. Mine was settled 3 days after receiving their defence.

[empowered]

Thanks,

That makes me feel a bit better. I have checked & double checked & I can't see any mistakes with the amount i'm claiming ( point 10 amount cliamed is incorrect). Is this just standard tatics?

I wish it would all hurry up. I just e-mailed someone from the buddy list cos i'm getting twitchy & it turns out it was me!!! doh!

thanks for all the advice, it is all much appreciated.

 

Hi and thanks for the Brownie Point! There's nothing much you can now do but read up on the next stages and be prepared - I must admit I queried my defence when it came through (you begin to get really paranoid!) but that's how the bank's treat you, by trying to grind you down so that you give up! You'll be fine.

[empowered]

I would be slightly concerned. Are you sayting that you issued your claim on a business account using the personal account particulars of claim? Are you also saying that you now agree with the solicitors that the amount of your claim is incorrect?

 

Nicsussex - I think she is saying that point 10 saying the amount is incorrect is not correct if you see what I mean and is just there to rattle her - mine was the same and rattled me if you remember!. I received exactly the same defence from Martineau Johnson for my business claim. Livelylad and Guido T advised in the early stages and I think they would have spotted anything disastrous at that stage. - only my interpretation!

[empowered]

As a note to help others, Foot Anstey seem to be used for Sole Trader and business accounts. (I am a sole trader). The better news is that they seem to have the crowbar to open the proverbiall refund wallet! (see my thread).

 

Yup, they have just offered a cheque without a murmur - see my thread (empowered v Lloyds How Easy Was This)