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Help Abbey Has Filed A Defence


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Claim number XXXXXXXXX Do you need this?

 

Abbey Vs Buglelight

 

DEFENCE

 

1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set outr in the particulars of claim.

 

2. It is admitted that the claimant has a bank account with the Defendant, account number XXXXXXXX ("account")

 

3. At all times tha Account has been subject to the applicable terms and conditions ("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 Defendant will refer at trial to the full Conditions but for the purpose 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 your Account of exceed the limit of an overdraft which you have 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 available funds in yout 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 (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

5. Any overdraft facility on the Account was (and is) subject to the Conditions.

 

6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details off which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdraft 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 referrer to in paragraphs 3,4,5 and 6 above, the defendant denies that the amount of£XXXX.XX or any other, amount was unlawfully debited to the Account and the Claimant's claim for repayment of that amount is therefore denied.

 

8. The Claimant's contention that the fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and 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.

 

9. Further of in the alternative, even if the said fees are not proportionate to the Defendant's administrative expense 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. The defendant denies that the Claimant is entitled to claim interest in the sum of £XXX.XX, or any other amount.

 

11. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

The Defendant believes that the facts stated in this defence are true.

 

I am only authorised by the Defendant to sign this stateemnt.

 

Full Name Inga Kirkham

 

Of Abbey National plc

 

Signed Position or offiecheld Legal officer

19 December 2006

 

Okay so what do i do next help pleae if you need the claim numer and amounts i am happy to supply them. I have not made them public here as Abbey is monitoring the site?

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Yeah Buglelight, nothing to worry about.

 

Have a look in the library section so you know how to fill in your allocation questionnaire when it arrives.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Hi bugle

 

yes thats the standard abbey defence. Just a case of waiting for your AQ to arrive and sending that back to the court, then waiting for directions now :)

 

 

Hi Karnevil thanks for that it's reassuring to know that help is available

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8. The Claimant's contention that the fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and 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.

 

Excellent from your point of view. You just have to push the Court to order disclosure of evidence to back up their assertion and we all know they can't or won't. Meanwhile, you just keep pushing the independent research, the OFT on credit card charges, and most recently the OFT on Northern Ireland banks, which all point to costs much less than they charge. QED they are a penalty not a Liquidated Damages (genuine pre-estimate of loss), and, hey presto, you win. It's just a matter of time if you ask me ! Merry Christmas.

Abbey £8370 settled 17 Apr 07

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Excellent from your point of view. You just have to push the Court to order disclosure of evidence to back up their assertion and we all know they can't or won't. Meanwhile, you just keep pushing the independent research, the OFT on credit card charges, and most recently the OFT on Northern Ireland banks, which all point to costs much less than they charge. QED they are a penalty not a Liquidated Damages (genuine pre-estimate of loss), and, hey presto, you win. It's just a matter of time if you ask me ! Merry Christmas.

 

 

Thanks for the reasurrance

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  • 2 months later...

Just making the finishing touches to my Court Bundle. 2 questions.

 

1. should I include all my statements for the period or only those wiyh charges on them?

 

2. Should I add ther OFT on Northern Ireland Banks to my bundle?

 

I have to get it in by 5th March so any new adivce would be halpful.

 

Many Thanks.

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