Abbey are defending my claim

[sammy the shammy]

I have taken county court action against Abbey for two accounts that I hold with them. One is a joint account. They have informed me of their intention to defend my claim in court. Their defence is based on their "terms & conditions" and that I have exceeded my overdraft limit and am therefore subject to charges.

 

My claim on the joint account is for £1912.50 and on the single account for £382.

 

Abbey have made a couple of 'adjustments' to my account recently but have made no contact with me other than through their defence letter.

 

Where do I go from here? Will they really go to court? How should I proceed/

[katesage]

It is quite normal for Abbey to submit a defence, it's really just another stalling tactic to try and put you off.

Have you received an Allocation Questionnaire?

Have a read in the FAQs about the later stages of taking your claim to court.

Also have a look in the Templates section at Allocation Questionnaires.

 

Good Luck

[Rayne]

The answer to will they go to court is a negative! On a straight claim I know of no banks who have stepped into a courtroom over unlawful charges.

 

Their defence sounds to me like a standard defence which won't hold up anyway.

 

You should get a Notice of Transfer of Proceedings soon (assuming you filed on MCOL), which is basically MCOL transferring your claim to your local court.

 

After that used to be the AQ but most seem to be dispensing with that one now...well they did with HSBC, so I'm assuming it's the same under Abbey.

 

Hopefully the links in my sig may prove useful to you. Best advice would be to read up on the next stage so you don't have any nasty surprises sprung on you.