m.bentley v abbey

[m.bentley]

hello all!!

this morning recieved my first communication from dla piper,acting on behalf of abbey.Quote:

(We are in the process of reviewing this claim and preparing the banks response.A defence will be filed in due course.

 

In the meantime, we note that you have claimed the sum of xxxxxx in respect of charges that you say have been made on your Abbey account between Oct 2000 and June 2006, However,you have supplied no evidence of the charges.

 

As you will appreciate, you will need to produce full evidence to the court of the amount you are claiming. This information should have been supplied by you when you filed your claim.We should be grateful if you would provide such details to us as soon as possible.)

 

WOW! is this a bog standard letter from them,and why do they require a list of charges??? i did send 2 copies of my schedule of charges to abbey with my pre lim and lba letter.Also my charges are made up of fourteen months of statements recieved and the rest is estimated, is my schedule ok to show this??

They have until 18th Sept to file defence, hopefully they will forget!!!!

 

any help or ideas please

[Jane Austen]

Yes that's fine. This is a standard letter. Abbey and their solicitors do not sem to communicate very well with each other!

It will be better if they file a defence. It's cases like mine, when they don't, that take longer, due to the default judgement having to be set-aside.

[Lula]

m.bentley, just send them a copy of your spreadsheet with the interest via email and ask for a confirmation of receipt, who do you have btw?

[m.bentley]

thanks nnelson and Lula.

what is btw?? Lula.

also just checked on moneyclaim online,they have acknowledge,this means they have twenty eight days to file there defence from date deemed served this being 4th sept so that makes it the 2nd oct is that correct?????

anyone

[lesser1010]

btw,by the way

[m.bentley]

DOH!!!!!!!

Sorry Lula I have I presume a lady called charlottet hubron.

I have tried to email her with the info but it keeps coming back system error no such user psmtp.The address i have is [email protected] does anyone no if this is correct or have any other email address for dla piper.

thanks

[Michael Browne]

It might be:

[email protected]

[m.bentley]

yep that seemed to do it Michael thanks for that

[m.bentley]

thanks nnelson and Lula.

what is btw?? Lula.

also just checked on moneyclaim online,they have acknowledge,this means they have twenty eight days to file there defence from date deemed served this being 4th sept so that makes it the 2nd oct is that correct?????

anyone help on this

[Hanne]

Yes, that's correct. How I know?? My claim deemed to be served on 3rd - Abbey deadline 1st October.

 

I also have Charlotte Thubron..but I haven't received any letters from her/ DLA Piper yet.

[m.bentley]

thanks Hanne:

but how do you know if you have charlotte thubron if you have had no letters from dla piper? just a thought!!!!!!

[Hanne]

I received a letter from the court stating Abbey had acknowledged - that letter has her contact details etc.

 

Now just waiting for her to contact me I guess..

[m.bentley]

ABBEY,ABBEY ,SHABBY. This morning I recieved a letter from Mathew Foster the

Senior Customer Resolution Manager (is this a new made up post for us). He has spent nearly two months investigating my case and yes you,ve guessed it the charges do not contravene the regulations.He cannot agree to refund the chargesbut as a gesture of good will has refunded me £350.00. Well after checking my account this morning Abbey have skanked me, only refunding £280.00 in misc credits into my account.

1.Anyway, who do I send the letter too to say thanks kindly but I will still being seeing you in court for the rest (just awaiting Abbey to file there defence).

Is it to Mathew at complaints who sent me the letter or to Dla Piper, who say all corrosponse should be sent to them?

2. At what point would I deduct this amount from my original claim?

Are they changing tactics again every other thread I have seen, had G O G W paid into account without any letter,my letter came day after it went in!

Please could a mod change my title to m.bentley v abbey, thanks

[m.bentley]

bump

[Michael Browne]

1 Phone Foster - 'where's my £70?'

 

2 Send Foster letter re accept as partial.

 

3. Wait for the defence and AQ. At this stage depending on how much has actually been refunded, amend your schedule by removing the latest charges up to that value (that way you lose less 8%). Send AQ + 2 copies schedule to court. Copy of each to DLA. Copy of each for yourself.

[m.bentley]

quick update.

this morning recieved abbeys defence, notice of transfer and a&q form to fill in.

just a couple of things worrys me if someone can alleviate my fears. In the defence it states

1.(the claimant has overdrawn or exceeded authorised limits on the account on a number of occasions full detail will be provided on disclosure. therefore by virtue the conditions outlined above for such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay the fees.)

2.the claimants contention that the fees are unenforceable and are penalty charges is denied.The fees reflect and are proportionate to the defendants administrive expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

3.further or in the alternative, even if the fees are not proprtionate to the defendants admin expenses incurred (which is denied), the claimant remain 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.

is this not contradictory of the above???

4.no addmissions are made to the amount claimed by claimant

5.the claimant has wholly failed to particularise the amount being claimed.The defendant has sought further and better particulars from the claimant by letter. The claimant has not responded. The claimant is therefore put to strict proof of all amounts.

I HAVE SUPPLIED THREE SCHEDULED OF CHARGES AND EMAILED DLA PIPER (CHARLOTTE THUBRON) WITH THEM AS WELL AS REQUESTED AND RECIEVED ACKNOWLEDGEMENT FROM HER FOR THEM. AS I HAD ONLY 14 MONTHS OF STATEMENTS WHEN I STARTED CLAIM 4.8 YEARS ARE ESTIMATED.

WHAT ARE THEY ON ABOUT.?

Apart from filling the a&q form in is there anything else I need to send the court or DLA Piper?

[m.bentley]

IS THIS OK TO PLACE IN THE OTHER INFORMATION BOX ON THE A&Q FORM?

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

It is contended by the Defendant that the fees levied "are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract, and are a genuine pre-estimate of the damage suffered by the Defendant".

In order for the Defendant to substantiate this argument, it will be necessary for evidence to be produced showing how these fees have been calculated, presumably this will mean that the Defendant will by relying on detailed accounting information. If this is the case then it would be reasonable to ask that this evidence be made available prior to any court hearing, in order that I may be able to properly analyse it.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure.

 

I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[m.bentley]

bump --help someone!!!!!!!!!!!

[Lula]

Hi again, yes this is fine and in line with what I put in my AQ , good luck, it wont be long now If they are banging on about you not supplying the info and you already have, resend it via email and recorded delivery and mention the fact that this is the nth time you have sent it

[m.bentley]

thanks for that Lula,for a minute there I thought nobody was around.

well done on your win as well,you stuck at it and got what you fully deserved back.

[m.bentley]

how many copies of the a&q form do I need and do I send the court a new updated schedule minus the £280 G O G W

[Michael Browne]

Send the AQ + amended schedule to the court. Copy of each to solicitors. Copy of each for yourself.

[m.bentley]

thanks for that Michael, just want to make sure I do it right

[m.bentley]

This mornings post brought me my 50% offer from DLA Piper along with the defence, it was marked "Without Prejudice". I have replied to them with my counter offer asking for 90%, but is it essential to put the "Without Prejudice" on the letter.

Can anyone please ellaborate on this.

[m.bentley]

bump---anyone