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Windywoo

Windywoo V Norwich & Peterborough bank charges claim.

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After long deliberation I have finally began my charges claim with the Norwich & Peterborough, which amount to just under £4000 with fees and interest. I sent the claim via MCOL, I know this was not ideal but I wanted it done quickly due to the test case.

 

I received the acknowledgement of service from the court, and defence from the N&PBS within the week. Curiously, yesterday I got an AQ from the court. In their defence the N&P are saying that my claims for repayment of charges prior to 2003 are statute barred. I was under the impression that you could claim back as far as you liked, if you have the relevant paperwork, which I had.

 

What I am really puzzled about is, why have I got the AQ?! Reading around the forum MCOL are not normally issuing this document, and that all bank cases are stayed until the outcome of the test case!!??

 

Advice on what to do next please, the AQ has to be in by 24th Aug!


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Well they would say it is statute barred wouldn't they ;)

 

In the AQ you can answer points of their defence - just counter that you are claiming for a remedy to rectify your mistake that you paid the charges thinking they were lawful and to rectify the fact that they concealed the fact that the charges were unfair - quote s32 of the Limitations Act 1980


Steven

 

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TY Steven4064.

 

I actually emailed Northampton with my query, and their reply was that they were being cautious as they didn't know whether this was a claim for refund of charges (I thought it was completely obvious) and to leave it to the direction of my local county court. Anyhow, filled the AQ in and will be posting off with the cheque at the end of the week!


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Update, sent off AQ with the cheque. Got a letter back from our County Court - case stayed!


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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