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Written Defence Rec'd from Abbey for small claims


bonnie22
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Follow threads as cant fot on one page Ive applied for refunds of bank charges on 2 accounts, applied to small claims, part goodwill gesture offered on smaller claim for 50% no liability admitted and carried on for both accounts. Defence received from Abbey today as quote below

 

1. Save as specifically admitted in this defence, the defendant denies each and every allegation set out in the Particulars of the Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendant, account no xxxxxxx

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3. At all times the Account has been subject to applicable terms and conditions which form part of the contract between the claimnant and the Defendant and to which the claimnant agreed upon opening the account. Then they quote extracts from terms and conditions relating to overdrafts and unauthorised overdrafts quotes terms and conditions 1,2,3

 

4. Throughout the period that she / he has had the account, the claimnant, has received a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated (though there have 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.

 

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6. the claimnant had overdrawn or exceeded authorised overdraft limits on the Account on a number of seperate occasions, full details of which will be provided with the disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthroised and in breach of the contract and the claimnant became liable to pay fees to the defendant in accordance with its tarrif 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 referred to in paragraphs 3,4,5, and 6 above, the defendant denies that the amount of £xxxx or any other, amount unlawfully debited to the Account and the claimnants claim for repayment of that amount is therefore denied. The defendant denies that the claimnant is entitled to claim interest in the sum of £ xxxx or at all.

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8. The claimnant's contention that the said fees are unenforceable and / or "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-est of the damage suffered by the defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the defendant's 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 are made as to the amounts claimed by the claimant and the claimant is put static proof of the same.

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I have moved this thread to the Abbey forum, what are you asking?

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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thank you i am new to this wasnt sure how to put all text on one page

I am asking what happens next i have seen that the online small claims court will no londer deal with this and it will get transferred to a court which will be notified to me etc

Also do i start to draft my response

many thanks

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Glad to see people are in the same boat as me. As you say James must be a busy man ! wonder what hourly rate he charges Abbey for his Defence /legal services ?? Time for more photcopying of statements ! wonder how long the allocation questionnaires and court dates take to come through ! up and onwards bring it on :-)

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hi folks

I have recieved this standard response from James at Abbey today as well. He really has earnt his wage this week, must have spent an hour by the photocopier! :-D

I have to go to Northampton court, what is the average time till court? Is it likely to be in a couple of weeks or months?

Cant say im looking forward to it though having never done this kind of thing before, but none the less, will go through with it.

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I have to go to Northampton court, what is the average time till court? Is it likely to be in a couple of weeks or months?

Cant say im looking forward to it though having never done this kind of thing before, but none the less, will go through with it.

 

Is Northampton your local court? If not it should get re-allocated to your local court.

 

Due to the large number of claims I think you will find that it's more like to be months rather than weeks.

 

I would not worry to much about attending court as Abbey will pay up before you get to this stage, however there is a chance you may have to attend so be prepared.

 

You all now need to be getting yourself aware of what you need to do next, filling out AQ's or Cout Bundles etc these are more complicated than sending the standard letters in the library, and are not a 5 minute job, so get reading as many posts as you can and when the time comes you will be ready.

 

Good luck to you all

  • Haha 1

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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yes you can just add it to the total costs when Inga calls you to settle. The court will include this in the total costs anyway so don't worry too much about it just ensure you put the correct wording and submit it in time.

 

Get your bundle prepared now as the court may issue a directions hearing which will speed everything up and you don't want to have to start printing and copying lots of documents without sufficient time in hand.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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