Jump to content


Actual Bank's Defence (abbey)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5250 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This is a recent Defence sent to me by the Abbey National Bank (Word For Word) who look likely to contest in court, Any comments and advice would be appreciated and I would like to know if anyone else has received anything similar.

 

 

 

 

 

DEFENCE

 

 

 

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

 

 

2. It is admitted that the Claimant 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 agreed 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) 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 your Account.

 

4. Throughout the period that s/he has had the Account, the Claimant received a number of copies of the conditions and of the said Tariff of Charges as they were ammended 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 occassions, 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 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 referred to in paragraphs 3, 4, 5, and 6 above, the Defendant denies that the Claimant is entitled to claim interest of any amount.

 

8. The Claimant’s contention that the said 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 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 claimed by the Claimant and the Claimant is put to strict proof of the same.

 

 

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

 

12. I am duly authorised by the Defendant to sign this statement

Link to post
Share on other sites

Guest ChloeJane

Hi there!

The defence is a standard procedure and just another step closer to your money!

When you got it did you doubt your claim???

 

If they have not argued in their defence your amounts, then be assured you won't see the inside of the court room. They didnt, so its a delay tactic and forms no defence.

 

Many people ask why?

 

Because.................

 

The office of fair trading has said £12 is reasonable for their fees etc but this is still much higher than it really is! So if they had to attend court, based on what you have asked them to provide in your application to the court, you asked for them to provide true figures in essence.

 

The courts are drawing it all out as daily they earn interest on YOUR money....so why pay you earlier than they need to or are forced to!

 

So they won't show to give the information under the disclosure rules -rules to disclose documents that you have asked for.....because their fees are actually even much less than the office of fair trading set!! Once they defend once with their fees, everyone could view them and everyone would be reclaiming and not intimidated as it was a sure win!

 

So hang in there! Its a process and like a chess game! Nerves of steel needed and use the site and support to be confident.

 

You won't lose!!!!!!!!!! Hang in there and the defence is just part of the process!

 

If you want to know what to expext next -

 

Thumb twiddling time till then as nothing can be done except to read up and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate. Once this stage is complete, you will get a court date that they won't

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

So hang in there!!! Last leg now!

All the best,

CJ

 

 

 

Link to post
Share on other sites

Hi Chloe,

The defence notes recieved from A&L is much extensive to that you sampled in this forum.

There are a total of 33 points with the following sub-titles which "denied" (a lot of it) and "admitted and averred" (mostly on facts like provider of banking, customers account etc):

General; Insufficient Particulars of Claim (despite sending a fully itemised breakdown of charges); Charges (this section had the most extensive points!); Limitation; Credit File Repairing; Overdraft/Set-off and finally Conclusion!

I guess you might have not seen this one before?

does it still mean the same thing buying time and means of frustrating me. The amount claimed is about 1800ukp including courts fees of 150ukp.

What's your advise on this status Chloe? From the courts website, I cannot carry out any further action online, to continue off-line. I guess the court will now make a ruling or what next? Thanks for the links you've sent me so far.

Link to post
Share on other sites

Will PM you Jazz as cannot find a thread.

Still new to here Chloe, don't seem to know how to start a thread, to join a group etc? What is PM? Personal Message? Pardon my ignorance.:o

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...