kia *ANOTHER ABUSE STRIKE OUT!*WON*

[kia]

finally did it went to court office cos was not sure whether id filled in form right so now the balls rolling they have got till the 2nd April to defend it so i wait with baited breath has any one had a case where it was not defended as i would be interested to find out

[charleyfarley]

Hi kia,

 

not many, but here's a recent one

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/64035-abbey-fail-provide-evidence.html

 

so it does happen. I reckon it's just Abbey forgetting to file rather than a deliberate policy, but I've got my fingers crossed they forget about me as defence is due by 28th March and I've heard nothing so far!

[Guest Niklowe]

They do defend, but have capitulated sometimes on the court steps. There is no way they want to have to disclose the actual costs incurred in their charges. They will be obstructive if they can, but all the answers are on this site and help is always available.

[kia]

hiya got another letter today saying there going to defend arrghh so they have given them 28 days from the day letter served and that was 22 March so know i presume i wait see what they send next i knew i wouldnt be so lucky its never easy is it

[kia]

thanks karny good to hear from someone familiar sorry was a while replying couldnt get on computer no excuse i know and no news from shabby will keep you informed of any devolopements xxkia

[kia]

hiya right a bit of an update got two letters from them the scabby and the courts ill write in the full letter tommorrow havent got the time now just got a couple of questions.The AQ was one of the letters and th other was there defence that came within days if each other.first question witnesses it says how many?experts do you want permission?is there any more infomation?and lastly the £100 fee do i have to pay this on top of the court fee cos its an expensive job if yes cos ive already paid the court fees .I knoiw all these questions seem fairly obvious to most people but im panicking abit and nees help thanks xxkia

[kia]

oh and i forgot do i need three copies of all the statements taxxkia

[kia]

hiya think ive answered my own question witnesses is that me so its one?ive found the witness statement do i use karnevals one?cos ive book marked that one.thew experts thing there arent any are there.What do i put for the any more info is that on karnys thread as well and the £100 pound fee havent i already paid this anyone or is this on top of what ive already paid?xxkia

[GaryH]

Hi Kia,

 

No, you don't need a witness statement at this stage - that'll be later after the AQ's are returned.

 

Here's some help with the AQ -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Also you can use the new strategy, although only if your comfortable with its requirements should the draft be ordered -

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

 

If you get stuck, just post back and someone'll help you.

[kia]

right this is the letter i recieved from the court

 

Defence

 

1. Save as is specifically admitted in this Defence,the Defendent denies each and every allegation set out in the particulars of the claim.

2. It is admitted that the claiment has a current bank account with the Defendant,account number to be particularised(the Account)

3. At all times the 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 agrred when the claimant opened the Account.The Defendant 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 your Account or exceed the limit of an overdraft which we have agreed."

 

(3) At all times 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 your Account."

 

4 Throughout the period she has had the Account,the Claimant recieved the tariff of charges as they were amended and updated(though there has been no amendment th the Conditions extracted on paragraphs 3(1),(2) and (3)above).

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

6 The claimant has overdrawn or exceeded unauthorised overdraft limits on the Account on a number of separate 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 become liable to pay fees to the Defendant in accordance with the the Conditions,such as fees were debited the the Account.

 

7 In view of the facts and the matters referred to in paragraphs 3,4,5,and 6 above the Defendant denies that the amount of or any other was unlawfully debited the the Account and the claimants claim for the repayment of that amount is therefore denied.

 

8. Thae claiments 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 claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant.

 

9 Further or in the alternative,even if the said fees are not proportionate to the Defendants 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 and the Claimant is put to strict proof of the same.

 

the Defendant belives that the facts stated in this defence are true.

 

I Am duly authorised by the defendant to sign this statement.

 

 

then it says his name

 

of abbey national plc position or office held:Legal Officer

 

date:29 march 2007

 

so there you have it

[GaryH]

looks standard to me.

[kia]

thanks gary so much really needed that help as it looked really complicated but the thread really helped ta xxkia

[kia]

yep they really talk a lot of sh*t on that letter dont they never explaining themselves just going over the same old ground bring it on i say!!xxkia

[Mad Nick]

Hi, completely standard as Gary said. Just to reassure you :

 

Thae claiments 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 claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant.

So why do they never produce the evidence to justify that statement and avoid paying out against previous claims. Strange. Perhaps there is no such evidence, or perhaps the evidence proves they are a penalty after all. LOL

 

Further or in the alternative,even if the said fees are not proportionate to the Defendants 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

Complete rubbish - the fees are either lawful or they're not. Black and white. Not open to retrospective negotiation - and, what's more, it's a stupid argument for them to make because, even if retrospective pricing was possible (which it isn't) they'd have to provide evidence to justify that the new fees were proportionate, which, as above, they won't/can't. LOL

 

Regards, Mad Nick

[kia]

another quickie do i have to pay the £100 fee as i already paid the £120 when i put in the court forms xxkia

[Michael Browne]

AQ fee is payable on claims over £1500

[GaryH]

If your claim is over £1500 then yes - you'll have to pay the £100 allocation fee (which you'll get back). If its under £1500 then there is no fee.

[kia]

ok thanks sorry took so long to reply costly business this suing lark isnt it thanks garyxxkia

[kia]

hiya quick update took in the AQ form yesterday and paid another £100 and ive noticed some courts arent even bothering with them no such luck with mine its gonna be a fight all the way i can see still ive got my teeth into it now lol hink i need my bed now im rambling xxkia

[charleyfarley]

Hi kia,

 

That's 4 of us filed AQ's within 24 hours of each other, cassie, mariejader, myself and now you. Abbey are going to be busy

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/72196-cassie-abbey.html

[kia]

hiya is it right ive gotta prepare my bundle now and im not really sure about statements do i need three copies of all the statements cos my printers gonna die printing all them statements.Ive done all the other copies of all the letters just not the statements.xkia

[charleyfarley]

kia,

 

have a look at this

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[Michael Browne]

do i need three copies of all the statements

You only need to supply statements with the charges, not every statement

[kia]

right now im panicking even more arrgghh maybe itll make more sense in the morning on a clear head.whats the schedule of charges and how is this different to copies of th statements probably fairly obvious i know but there you go

[charleyfarley]

kia,

 

the schedule of charges is your spreadsheet, minus the interest charges