Urgent Help Please

[ED1237]

I received a letter from DLA Piper today asking me to withdraw my claim re DPA and breach of contract as they had sent the information. I phoned the and was advised they sent it 21st JULY. I advised it had never been sent. I have also sent them the following letter in response :-

 

Dear Sirs,

I am writing in response to your letter dated 19th inst in which you have asked myself to withdraw my claim against your client on the basis the information has now been sent.

During our telephone call this morning, you stated your client had advised you, they sent the information to me on 21st July. This is obviously not the case. I have written to them on three separate occasions, the last being 17th August requesting this information. To date they have failed to provide it.

For your information, I have amended the claim to now include breach of contract. The basis for this is the contract they entered into in their letter dated 12 May 2006 agreeing to provide copy statements from 1st April 2000 to 1st April 2006 at the cost of £10 which was paid by cheque and they duly cashed.

For avoidance of doubt, I intend to pursue this claim through to conclusion, unless your client provides the information and compensates for the additional expense I have incurred to date as indicated on the claim form.

I am also aware that you are extremely unlikely to be awarded costs in this matter, so please refrain from threatening this again as it could be construed as intimidation.

Yours Sincerely

[ED1237]

What a suprise. Following sending the letter to DLA Piper, I have received all the statements and a letter of apology from the Abbey. It essential says they made a mistake but it was unitentional. I also received a letter from DLA Piper asking me to notify them when received. I did give them a call and advised them I would withdraw the claim tomorrow. They wanted it done today, but I advised them the court wanted it in writing and I would be at the court in the morning to file against the Abbey for recovery of my bank charge. I must say I don't think they were at all happy, especially as I ended the call with "speak to you soon".

[ED1237]

He sounded a bit over worked to me. I blame the CAG for having the audacity to encourage people reclaim what is rightfully thiers.

[ED1237]

Filed at court today.

[ED1237]

Received a form from the Abbey via the court to advise DLA Piper have been de-instructed and that the Abbey are now acting for themselves!

[Justice]

Received a form from the Abbey via the court to advise DLA Piper have been de-instructed and that the Abbey are now acting for themselves!

 

Ooops! Looks like a possible falling-out has occured!!

 

Look forward to reading how this continues, please keep updating teddea

[catherinebear]

Hello there

 

Just read your thread we have received settlement offer and awaiting the money but although DLA Piper wrote to us Abbey are now dealing with the matter themselves!! Good luck!

Catherine and Dave

xx

[ED1237]

Acknowledgement of service filed

[ED1237]

Defence entered by Abbey

 

1. the defendent denies each and every allegation set out in the particulars of claim

 

2. it is admitted that the claimant had a bank account with the defendant.

 

3.At all times the account has been subject to the applicable terms and 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 Dedendant 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 or exceed the limit of an overdraft which we 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 funds in your account"

 

4. Throughout the period that he has had the account, the claimant recieved a number of copies of the conditions and of the said tariff of charges as they were amended and updated (thoughthere has been no material amendment to the conditions extracted in paragraphs 3(1),(2) and (3) above)

 

5.Any overdraft on the account was (and is) subject to the conditions.

 

6.The claimant has overdrawn or exceeded authorissed 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 relevant time. In accordance with the conditions, such fees were debited to the account.

 

7. In view of the facts and matters referred to in paragraphs 3,4,5 and 6 above, the defendant denies that the amount of £***, or any amount, was unlawfully debited to the account and the claimant's 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 expenses incurred due to the claimant's breach of contract and are a genuine pre-estimate of the damages suffered by the defendant.

 

9.Further or in the alternative, even if the said fees are not proportionate to the defendant's 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.

 

11. The claimant is therefore put to strict proof of the amount claimed.

[noobrider]

this seems to be the standard defence now. Nothing to be worried about and standard disclosure still applies, such that they will have to come up with a breakdown of the actual costs.

[ED1237]

Thats what I thought. This is so standard they are quoting terms from the wrong account type. This was a card cash account that did not have the ability to obtain an overdraft so section 3(1) is totally rubbish. It's also signed by a legal officer. Just great, I don't even warrant a solicitor. They know how to hurt a guys feelings. LOL

[noobrider]

lol, yeah I thought it was funny that it mentioned overdrafts on mine...never ever been allowed one...oh well, easier to break up the defence and its just lip service trying to put us off...I can't wait for my AQ final date...13 november...at least they will settle shortly after that.

[ED1237]

Hi Karne,

 

I won't change my Avatar. I am now incognito and I think the bear looks like he is in disguise as well as looking a dude.

 

Anyway, filed AQ on Friday. Just wiating for thiers now.

[ED1237]

I did. I am hoping they panic and settle when they read I have asked the judge to order full disclosure. I won't hold my breath though.

[ED1237]

Rang Court today as not heard anything. Judge gave directions on 16th, but due to backlog, I won't get it for a couple of weeks. This is driving me insane.

[ED1237]

Phoned court today. It is being diariesed for a hearing date and will receive directions next week. Phoned Abbey solicitors to give them the Opportunity to settle. They have asked me to take an offer which I declined. I also asked them to note I will not withdraw until in receipt of cleared funds so not to leave settleing too late. She was a little taken back but said she would duly note. (I'm sure she will)

[ED1237]

Phoned the court again as still not heard anything. They said they are a little behind on thier paperwork, so not typed up directions yet, but are hoping to get it done soon! However the clerk did let me know I now have a hearing date of 9th February. I had better get my finger out and start the bundle. I rang Abbey as a GOGW to let them know, so they also have time to put thier bundle together!

[ED1237]

yes Karne

[mandynot]

Hope all goes well for you on the 9th Feb, I have hearing date of 16th Feb against Abbey and am struggling to put together the court bundle and witness statements.

Karnes posting in December is proving invaluable so am wading through it at the moment.

Biggest problem I have at the moment is that although I asked for Disclosure when I sent in my AQ there is no reference to it on the Notice of allocation to the small claims track form. Anyone know if I can do anything about this?

[ED1237]

Hi mandy. I wrote to the court asking the judge to order full disclosure. I have received the directions this morning. Because of the cock up at the court in getting the directions typed, they have vacated the 9th of February and the hearing date is now 23 March. However the good news I think they have ordered the bank to fully disclose thier costs. Hooray for the Judges

[ED1237]

Ok so here is the Notice of Allocation

 

"Having considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

And considering the allocation questionnaires and considering that a comparison to industry standards is not relevant to this claim or defence the Defendant's request for an expert accountants report is dismissed.

 

It is ordered that:-

1. Claimant and Defendant shall file and serve documents in support of this claim to include:-

 

a) all contacts and or terms and conditions for the account/s in issue.

b) witness statements which may include details of the costs of the administration of overdrawn accounts.

c) other relevant documents.

 

2. The parties shall attempt to agree the level of charges claimed subject to liability.

 

3. The Claimant and defendant shall serve coies of all legal authorities on which they intend to rely by 4pm on 19th March 2007. These must not be filed at court but brought to the hearing.

 

The court must be informed immediatly if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.

[livelylad]

A fantastic order.

[ED1237]

Ok thanks Karne.

Just so I am clear, I need to send a the list of relevant case laws to the Abbey only, but I need to send bundle including witness statement to both the court and Abbey!

 

Sorry to sound a bit vague, I have got a nightmare on my hands with Kensington which is running parralel to this. That will teach me to be cocky wont it!

[ED1237]

Karne,

 

I have tried to PM you my revised witness statement but your full again (no I am not commenting on your food intake lol) Can you let me know when you have some space.

 

Thanks

 

Mark

[ED1237]

Thanks to all for the help along the way, especially Karne.

 

Yes you guessed it....Settled in full.

 

I have yet to receive the cheque, but it was posted yesterday.