Statement of Evidence - example HELP!

[dancingjohn]

On section 3 of my statement of evidence I need to Add an example of a charge incurred due to going over by a small amount.

 

The problem is because I do not have a running balance

on my printouts supplied by Abbey it is not easy to work out often how far I have breached my Overdraft. However I have more recent statements so have included the example below.

 

"On one occasion on 28/09/05, a direct debit payment was returned due to insufficient funds in my account. The shortfall was only thirteen pounds and thirty-four pence. I was then penalised for this breach by way of a charge of £35. The claimant holds this charge and indeed every other charge in question, to be punitive in nature, and wholly disproportionate."

 

My question is IS THIS OK? Thing is £13.34 over my limit is a lot compared with hundreds of times I've only gone pence over but because of the lack of running total I have to include this example. Will this be OK??

 

HELP PLEASE FOLKS, MANY THANKS:)

[Mad Nick]

Hi, is it that you need to include that bit or you want to ? As you say, £13.34 v £35 is not exactly overwhelming - pity about the previous data. But what is "section 3 of the statement of evidence" ? I'm at Court Bundle stage, so I'm worried that I don't know. Regards, Mad Nick

[dancingjohn]

Yeah I'm afraid because I have not got the RUNNING BALANCE at all except on my last few 6 original statements my argument example is limited. ANY SUGGESTIONS FOLKS????

 

I downloaded (well cut n pasted top Word) the page called "Statement of Evidence" Nick which was on thesite here somewhere - I think provided by Bankfodder although I may be wrong. It was just the number 3 bit of that document. Number 1 was "

1. The claimant submits that the charges levied to his bank account, as set out in the enclosed schedule, are, notwithstanding the defence of the defendant, default penalty charges imposed ............"

Number 2 starts "2. It is admitted that the Defendants charges were levied in accordance with the terms and conditions of the account in question. However, it is submitted that the Defendants charges are not related to or intended to represent any actual loss arising from a breach of contract.........."

 

I hope I 've not confused you Nick. I'm a bit confused myself. Filed the AQ today (deadline 9th April) and I'm on holiday till then.I've downloaded the BASIC BUNDLE but am still rather confused. I've used the suggested draft dirtections and new AQ strategy. CAN YOU GIVE ME ANY BASIC OUTLINE OF THE BUNDLE? There seems to be so much additional stuff in the Basic Bundle I downloaded.

 

Thanks nd good luck too. Keep posting and we shall all win.

[joneshousehold]

I looked for an example where the action seemed excessive. I couldn't use the exact wording from the template but I did put this is

 

3. The breaches of contract in this case relate to exceeding overdraft limits, and having insufficient funds available to pay a VISA debit payment. On one occasion in July 2006, charges and interest of £68.17 were levied on the account to create an overdrawn balance of £62.53. We were then penalised for this breach by way of a charge of £20.

 

The £20 was not levied until the following month because the exceeding overdraft charge is not charged at the time but later. Can you find an example a bit like ours? Alternatively just look for anything that you can turn into a comment about being excessive. Be imaginative!

[dancingjohn]

Nick - the statement of evidence is another name for Witness Statement ie by the Claimant.

 

It was from Karnevil's post here:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

IF ANYONE CAN SUGGEST IF I INCLUDE EVERYTHING IN MY "DISCLOSURE BY LIST" DOCUMENT IN MY BUNDLE SHOULD THAT BE ALL?

 

Sorry if these are dumb questions but I'm getting confused - must have read thousands of people's posts. THANKS EVERYBODY _

[dancingjohn]

In reply to the above post by JonesHousehold (many thanks!) I can prove that in november 2003 I was charged over £430 in one month. I think there was

a unauth OD charge, and about 14 cleared transaction charges, and a couple of Unpaid DD's for good measure. Regardless of not being able to prove the balance shall I include this????

 

THANKS AGAIN - This is taking all my time, I want to get it right! My life

currently revolves around getting one back on the Shabbey!!!!

[Mad Nick]

DancingJohn,

I downloaded (well cut n pasted top Word) the page called "Statement of Evidence" Nick which was on thesite here somewhere - I think provided by Bankfodder although I may be wrong. It was just the number 3 bit of that document.

Phew, that's alright then. To be honest, I haven't bothered with an example - maybe I'll reconsider (Bundle due in next week - nearly ready to post).

FWIW my bundle comprises (in order) :

• An index page
  
• Skeleton Argument (I read somewhere else that Judges look more benevolently on bundles which have a half page summary of the argument to save them wading through 300 pages !!) It's just a precis of the POC
  
• A Witness Statement comprising :
  • fleshed out POC - I made it more narrative so that, if it comes to it, I can read from it
    
  • list of the correspondence (with one line summary of what each letter was about)

  [*]copies of the statements, microfiche and correspondence

I reckon that little lot should suffice. Regards, Mad Nick

 

PS Oh, I forgot - I've also got my own separate file to take to Court containing the Court forms and I'll include some back up docs. For example, some of my claims are >6yrs - they didn't mention that in their Defence, so I didn't see why I should mention it in the main Bundle. So I'll take some copies of the Limitation Act and an argument written down.

[joneshousehold]

(Arggh my second attempt - I lost the first one!!!!)

 

I would suggest you include this as your example. You could put something like -

In November 2003 charges totalling £430 were added to the account. The claimant holds the amount is so high that it demonstrates the charges are punitive in nature and wholly disproportionate.

 

You might expand this further if several charges are on the same day and you can remember getting only one letter for them all. I would like to see Abbey try and justify £430 worth of costs - for goodness sake the CEO must have dealt with the account at that level!

 

It's good that you are devoting a lot of time to the claim as you must make sure it is right. Your obsession will serve you well. Mind you in my experience Abbey will settle at the 11th hour. I take it personally now - I want to see Abbey suffer so I am happy to help if it means we can get a result for you. Then you can go and spread the word too. I was anxious like you are now and I had loads of support from Dave (it was a long time ago now!!!) but I am so grateful that the least I can do is lurk about and offer help to people like you.

 

Go for it. Pile on the agony for Abbey. If you can find other examples, add them in too so long as the whole statement doesn't get cumbersome. So if there are other months show them too in ascending order of amount.

 

Sorry if this rambles on - the wine is just taking the edge off my intellect! I shall look at it again tomorrow if you post what you want to add. Hopefully once my head clears I will be able to sound a little clearer.

 

PS is your username a reference to David Bowie or am I just old!!!

[dancingjohn]

JonesHousehold and Mad Nick - THANK YOU SO MUCH!!!!! That clears up

a hell of a lot and I'm determined to get this right because , like you so rightly say JonesH, Abbey made many months of my life Hell and brought unquatifiable stress on me when I could have done well without it.

 

I'll keep posting to help others too if I can and DONATE when I win.

 

THANSK AGAIN FOLKS - DOWN WITH THE SHABBEY

 

B.T.W. - not a Bowie thing although I'm a big fan of "Low" - its just a daft nickname from my acid-house / partying days that kinda stuck!

[joneshousehold]

Sadly I am from the Ziggy Stardust era - oh dear! Still an interesting thought merging Bowie and acid house.

 

We went to see The Bees last night, tons better live than on album. Great gig!

 

Good luck with the Abbey claim. I shall be rooting for you. Abbey (as well as all the others) have a great knack of bringing stress when it could have been avoided.