Bank has entered a defence, what now

[Bigswede]

Hi there everybody this is my first posting. I've been pursuing my claim, following the instructions on moneysavingexpert and my bank have today issued a defence against my claim. Can anybody give me some advice as to what kind of preparation I should make with regards to the court hearing or would I be better advised to arrange for a solicitor/paralegal to represent me if it comes to a day in court?

 

bigswede

[Bigmac versus]

Hi there if you can post the defence on here for a look so we can see if there is anything unusual in it.

[Bigswede]

Hi there BigMac it looks pretty standard having compared it to the ones I've seen on the other threads relating to Abbey but here is the meat of it :

 

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 your limit of an overdraft which we have agreed.

3) I 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 he ahs ahd 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.

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 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 pays fees to the defendant in accordance with its Tariff of Charges applicable at the relevant time. Inaccordance with the conditions, such fees were debited to the account.

&) In view of the facts and matters referred to in paras 3,4,5 and 6 above, the defendant denies that the amount of £xxxx or any other, amount was unlawfully debited to the account and the claimants claim for the repayment of that amount id therefore denied. The defendant denies that the claimant is entitled to claim interest in the sums of £XXX or at all.

9) further or in the alternative, even if the said fees are not proportionate to the defendants administrative expenses incurred (which id denied), the claimant remains liable to pay such fees as may be found to be proportionate and th eclaimant is not entitled to claim repayment of th full amount of each charge made to the account.

10) No admissions are made as to the amounts claimed by the cliamant and the claimant id put to strict proof of th same.

 

Thats about it.

 

regards

 

Bigswede

[Bigmac versus]

Yes Bigswede this is standard stuff and is actually saying you are entitled to claiming back charges but not in full, only over what is found to be proportionate and we both know that will never be discussed in a court so i would imagine a settlement to follow. Sent to intimidate and scare the claimant only.

When are you to appear in court?

[Bigswede]

Hi there Bigmac verses,

 

I only received the defence from Abbey two days ago, I haven't received any paperwork from MCOL yet which I assume will inform me of the court date. By the way thanks for your help so far.

 

Bigswede

[Bigswede]

I have now received a date for the court hearing which is 11th September. The judge has placed the case on small claims fast track. I now plan to compile my court bundle and send copies to the court and the defendant (Abbey). Is there anything else I can do between now and the hearing to push Abbey into a settlement. As there is no Allocation Questionaire to complete because the case is fast track do I assume the judge will ask Abbey to provide proof of their unit cost regarding their loss incurred during the handling of my charges or is there something I can send Abbey and the court requesting they provide me with this evidence.

 

Regards

 

Bigswede

[pamhegs]

i'm also at the exact stage as you. i recieved their defence on Thursday 28th with an offer of 65%. I havn't heard anything of the court yet but by going on your experience i should hear pretty soon.

good luck.

[colpac]

Send an email asking for them to settle early, i done this on friday and 3 mails later i got an offer today i was happy with so it is definitely worth a go.

[Bigswede]

Hi there

 

Does anybody know where I can access example of previous cases settled by Abbey (Names, dates and place etc.). I would like to place these in my court bundle. I would also like to know whether it is necessary for me to place Abbey T&C's in the bundle as well. Many thanks to everybody who has helped so far and good luck to you all.

 

Bigswede

[Bigswede]

Hi there all,

 

I am in the process of putting together my court bundle and since the start of my application (in April) Abbey have imposed a couple of further charges to my account, I would like to know the following:

 

1) I am inserting a 'Lastest Schedule of Charges' in my court bundle, is it acceptable to add the lastest charges even though they were not mentioned on the original schedule sent to Abbey.

 

2) Do I amend the interest calculations from the original schedule (completed in April) to the date of the court hearing. Therefore showing the court the full amount I am claiming upto and including the date of the trial.

 

Many thanks

 

Bigswede

[Michael Browne]

1 No

2. Schedule as per date you filed at court. Daily rate will take careof interest since then

[Bigswede]

Thanks Micheal.