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    • Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defense but I did not realise that I have to respond back.  I'd be grateful if you could answer:  Was I supposed to send them my updated defence and when?  If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens?  I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation;  I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500. I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack) so I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) so they have filed an Application in Sept 2023 to lift the stay and a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted.  I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time.  I'm basically clueless and have no money for a legal representation as I'm not working at the moment.  Any help would be much appreciated!
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Sokam vs AIB


sokam
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My correspondence with AIB (Allied Irish Bank) are as follows:n

 

1. 10 Oct 06 - sent letter claiming £1,104.25

 

2. 14 Oct 06 - received response from bank basically refusing to pay

 

3. 16 Oct 06 - sent LBA. Got the following response from AIB (see full text below)

 

All my correspondence (Request for Payment & LBA) were sent to my branch and now they're suggesting I re-direct my query to their Head office.

 

My questions are:

 

1. Should I still go ahead and file my claim (court) or re-send the LBA again to the Head office as well?

 

2. If the response/suggestion is to go ahead with the claim do I 've to wait another 14 days or will it continue from the date I sent the intial LBA to my branch.

 

 

Thanks.

 

=====Response from AIB dated 24/10/06=======

 

We refer to your letter of 16 Oct 06 and your request for the refund of excess charges.

 

We would advise again that we are not currently in breach of any legislation. Under the terms of the banking code we are required to notify you of all charges and we have complied with this at all times. Our charges are freely available on the internet and they form part of the contract that was agreed with you when you opened the account with us.

 

It is your responsibilty to maintain your account either in credit or in line with any sanctioned facility. As you have not clearly done so, we are fully entitled to charge you for the time and effort required to manage your account.

 

We have no further comment to make regarding this claim. Should you still consider the decision to be unfair and wish to to take this matter further, your next port of call would be to either contact the Financial Ombudsman services ( details of which are included in the recent leaflet sent) or to contact our Head Office at the address detailed below.

 

Allied Irish Bank (GB)

Customer Care

Bankcentre

Belmont Road

Uxbridge

Middlesex

UB8 1SA

 

signed by the Operations Team Leader

For & on behalf of AIB Group (UK) plc

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  • 5 weeks later...

Received Acknowledgement of Service from AIB on 15 Nov 06 through their solicitors Karlakes Solicitors.

 

This morning - 24/11/06 I received their defence (see details below) and have requested I acknowledge safe receipt. Looking for some ideas as to how I should respond.

 

====Defence from AIB received from Karlakes Solicitors=====is as follows:

 

1. The Defence admits that at all material times the Claimant maintained a current account

 

number xxxxxxxxx at the the defendant's branch at XYZ Buildings, 12 Sweet Rd, Sometown (the

 

Account).

 

2. All fees and charges levied by the defendnt against the Account were on foot of the terms

 

and conditions which govern the agreement between the Defendant and the Claimant.

 

3. In the premises the Defendant denies that the amount claimed or any amount is due and

 

owning by the defendant to the Claimant.

 

Signed

 

David Yeates

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Received Acknowledgement of Service from AIB on 15 Nov 06 through their solicitors Karlakes Solicitors.

 

This morning - 24/11/06 I received their defence (see details below) and have requested I acknowledge safe receipt. Looking for some ideas as to how I should respond.

 

====Defence from AIB received from Karlakes Solicitors=====is as follows:

 

1. The Defence admits that at all material times the Claimant maintained a current account

 

number xxxxxxxxx at the the defendant's branch at XYZ Buildings, 12 Sweet Rd, Sometown (the

 

Account).

 

2. All fees and charges levied by the defendnt against the Account were on foot of the terms

 

and conditions which govern the agreement between the Defendant and the Claimant.

 

3. In the premises the Defendant denies that the amount claimed or any amount is due and

 

owning by the defendant to the Claimant.

 

Signed

 

David Yeates

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Last post moved here.......please keep your posts in your thread !!:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Their defence is quite poor.

Sit tight and await the next moves.

If you need help with the allocation questionaire just ask.

I am sure from whats on the table now things are going pretty smooth.

If other posters are in the Oxford area......like he says here give eachother some support.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin3030 - Thanks for the advice. Yes I will need some help with the AQ when it arrives.

 

I phoned MCOL this AM and was told that my claim has been transferred to the Oxford County Court & that the AQ should arrive by tomorrow 30/11/06.

 

I keep you posted.

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Received Acknowledgement of Service from AIB on 15 Nov 06 through their solicitors Karlakes Solicitors.

 

This morning - 24/11/06 I received their defence (see details below) and have requested I acknowledge safe receipt. Looking for some ideas as to how I should respond.

 

====Defence from AIB received from Karlakes Solicitors=====is as follows:

 

1. The Defence admits that at all material times the Claimant maintained a current account

 

number xxxxxxxxx at the the defendant's branch at XYZ Buildings, 12 Sweet Rd, Sometown (the

 

Account).

 

2. All fees and charges levied by the defendnt against the Account were on foot of the terms

 

and conditions which govern the agreement between the Defendant and the Claimant.

 

3. In the premises the Defendant denies that the amount claimed or any amount is due and

 

owning by the defendant to the Claimant.

 

Signed

 

David Yeates

 

Need some help. Karlakes Solicitors (acting for AIB) requested that I acknowledge receipt of their Defence. Should I respond and if yes what should I say in it.

 

Update: Received the Allocation Questionnaire for Oxford County Council should send a copy to the solicitors as well or just to the court?

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  • 4 months later...

Hi sokam

 

I know this is quite old but I was wondering how you got on? I have just posted a general query to see how anyone else got on and then I found you!! There doesn't seem to be many/any who have tried to claim from AIB which is suprising as I think their charges and communication is appalling. (Am I allowed to say that??) Just wondering how it all went.

 

dappy

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