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Here is WRAGGES 6 PAGE DEFENCE - have a read


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Hiya's :)

 

Received defence papers today (30th June 2007).

 

Mine is slightly different from yours, as detailed below:

 

13.2 Failed Transaction Fee

 

This is where the customer (the Claimant) presents an item for payment that the Defendant was or is not prepared to pay. This is currently charged at £34 per item presented.

 

13.3 Unauthorised Overdraft Fee

 

This is where the customer (the Claimant) goes in excess of the agreed overdraft limit, or where the customer (the Claimant) never had an overdraft limit and went overdrawn.

 

The charge for this is £25 for the first day and then a further £25 if the customer (the Claimant) remains overdrawn fo five or more days during the month.

 

Personal Injury, Stress and Inconvenience

25 It is denied that the Claimant has suffered inconvenience as is alleged

or at all. In any event, damages are not available as a matter of law for inconvenience arising from the conduct of a bank account.

 

26 It is denied that the Claimant has sustained stress and/or personal injury as is alleged or at all.

 

27 The Claimant has failed to comply with any part of the pre-action protocol for personal injury claims and has failed to provide to the Defendant, amongst other things, a detailed letter of claim.

 

28 The Claimant has failed to provide any medical evidence to the Defendant supporting the alleged injury to the Claimant.

 

29 If, which is denied, the Claimant has sustained any stress and/or personal injury as is alleged, it is denied that the Defendant causd or contributed to or is liable for this.

 

30 [Further if, which is denied, the Claimant has sustained any stress and/or personal injury as is alleged, the Claimant's injury did not arise within three years before the commencement of this claim and is barred by the provisions of section 11 of the Limitation Act 1980.]

 

31 It is therefore denied that the Claimant is entitled to any damages or interest for inconvenience and/or stress and/or personal injury as is alleged by the Defendant or at all.

 

 

Thats all folks lol

 

You know what makes me mad is that they can say that the bank taking most of your money some weeks, leaving me with nothing to feed my kids, pay bills and utilities DOESN'T cause stress!! I am a single mother with no family (all deceased) and i have to go to Provident to get loans for food and pay bills, and if anyone has heard of Provident you know that if you borrow £100 you pay back £165.

 

I think they have put the Personal Injury, Stress and Inconvenience part in because i said in my claim that i have a stomach ulcer, which was caused by stress. The part in 29 just makes me laugh, they live in cloud cuckoo land i think.

 

I'm not even claiming for personal injury, I'm claiming for unlawful bank charges, talk about them twisting things blahhhhhhhhhhh lol.

 

Anyways, good luck hun :)

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Hiya's :)

 

Received defence papers today (30th June 2007).

 

Mine is slightly different from yours, as detailed below:

 

13.2 Failed Transaction Fee

 

This is where the customer (the Claimant) presents an item for payment that the Defendant was or is not prepared to pay. This is currently charged at £34 per item presented.

 

13.3 Unauthorised Overdraft Fee

 

This is where the customer (the Claimant) goes in excess of the agreed overdraft limit, or where the customer (the Claimant) never had an overdraft limit and went overdrawn.

 

The charge for this is £25 for the first day and then a further £25 if the customer (the Claimant) remains overdrawn fo five or more days during the month.

 

Personal Injury, Stress and Inconvenience

25 It is denied that the Claimant has suffered inconvenience as is alleged

or at all. In any event, damages are not available as a matter of law for inconvenience arising from the conduct of a bank account.

 

26 It is denied that the Claimant has sustained stress and/or personal injury as is alleged or at all.

 

27 The Claimant has failed to comply with any part of the pre-action protocol for personal injury claims and has failed to provide to the Defendant, amongst other things, a detailed letter of claim.

 

28 The Claimant has failed to provide any medical evidence to the Defendant supporting the alleged injury to the Claimant.

 

29 If, which is denied, the Claimant has sustained any stress and/or personal injury as is alleged, it is denied that the Defendant causd or contributed to or is liable for this.

 

30 [Further if, which is denied, the Claimant has sustained any stress and/or personal injury as is alleged, the Claimant's injury did not arise within three years before the commencement of this claim and is barred by the provisions of section 11 of the Limitation Act 1980.]

 

31 It is therefore denied that the Claimant is entitled to any damages or interest for inconvenience and/or stress and/or personal injury as is alleged by the Defendant or at all.

 

 

Thats all folks lol

 

You know what makes me mad is that they can say that the bank taking most of your money some weeks, leaving me with nothing to feed my kids, pay bills and utilities DOESN'T cause stress!! I am a single mother with no family (all deceased) and i have to go to Provident to get loans for food and pay bills, and if anyone has heard of Provident you know that if you borrow £100 you pay back £165.

 

I think they have put the Personal Injury, Stress and Inconvenience part in because i said in my claim that i have a stomach ulcer, which was caused by stress. The part in 29 just makes me laugh, they live in cloud cuckoo land i think.

 

I'm not even claiming for personal injury, I'm claiming for unlawful bank charges, talk about them twisting things blahhhhhhhhhhh lol.

 

Anyways, good luck hun :)

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Is it your birthday Alice!!!!!!

 

Re the Provi, that's the only place we can get our pennies from, latest blurb from them is as follows;

 

You could have up to £1,000 this Summer!

 

£1,000 over 105 weeks @ £19.50 = £2,047.50 paid back.

£1,000 over 55 weeks @ £30.00 = £1,650 paid back.

 

Typical APR 177% :(

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Is it your birthday Alice!!!!!!

 

Re the Provi, that's the only place we can get our pennies from, latest blurb from them is as follows;

 

You could have up to £1,000 this Summer!

 

£1,000 over 105 weeks @ £19.50 = £2,047.50 paid back.

£1,000 over 55 weeks @ £30.00 = £1,650 paid back.

 

Typical APR 177% :(

 

 

Hiya's :)

 

I received a letter from Provident the other day, didn't even bother opening it, went straight into the bin.

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Can't keep calling you cl-----less, (we all are, if truth be known)

 

I thought the powers to be were supposed to clamp down on this sort of thing (high interest rates)? Ever heard of Cash Generators? Funny how the strong always play on the weak!

 

Another legalised extortion is Mortgages. Funny how the government don't clamp down on them.

 

I had better scuttle back under my stone before I say too much.

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I hope you consider replying to the sol and A&L and a copy to the court - stating that if they had read your claim then they would have seen that you are making no monetary claim for the stress incurred by their action so there was no need for numbers( xxx- xx ) of their defence.

 

Just in case the court think they are dealing with something that they are not.

 

there are others trying this at the moment ( subsequencial consequences of the charges )- I think this is the basis of the Tom brennan case- but as far as i know nobody has suceeded yet

I have heard of a case where in a identity fraud situation- where the bank did not act in the correct manner that they paid compensation for stress and inconvenience -but this was settled out of court and they admitted their error ( very rare i know!!)

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Oh dear CLUEL3SS - my heart goes out to you.

 

Life is difficult enough these days -

Just bringing up children on your own - on a limited amount of money - without any family support - must be a huge task in itself, so the last thing you need is the alliance & leicester taking away your money.

 

 

I think it is awful that you have to go to the Provident for money to see you through -

Because the alliance & leicester have taken your money in bank charges - you then have to re-pay those extortionate interest rates to the Provident with money you just don't have.

Its just a vicious circle for you, and you are being doubly penalised.

 

I think it is very interesting that the a&l have added

the above CLAUSES 25-31

in relation to Personal Injury Stress and Inconvenience.

because you advised them in your claim that you now have a stomach ulcer with the stress of it all.

 

It might be well worth you going to see your GP and asking for a note to say that you have a stomach ulcer which has occurred since you have had problems with a&l.

 

'If' you have to put together a Core Bundle for the Court, you could perhaps enter this as evidence of the stress you have been put through.

 

Maybe you should ALSO KEEP all the letters you get from the Provident - as proof for the Court, to show how much money you have had to borrow, and the extortionate interest rates you have incurred as a result of the a&l's charges.

 

However, I am NO expert in these matters,

these are simply my personal thoughts,

and it would be much better if you emailed one of the moderators who are extremely knowledgeable, and could advise you of the correct way to proceed.

 

I wish you all the luck in the world cluel3ss

 

alice xxx

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hello again CLUEL3SS

 

JANSUS has made some very relevant points in the above post.

Like you say cluel3ss - you WEREN'T claiming for personal injury - just claiming back your bank charges, but for some reason the a&l have paniced and written in clauses 25-31.

Like i said before - I would speak/email a moderator for their advice.

and fully explain your situation - and the resulting spiralling debt/ulcer

 

We are all so lucky to have this friendly forum to air our problems and receive helpful advice/guidance and reassurance from one another.

 

I don't think many of us could have got this far without this

EXCELLENT forum for which we must thank the dedicated operators.

 

take good care

alice xx

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Alice,

You little devil. What can I say. Bank charges forced me to move from my home in the warm blue waters of the Pacific. I have had to take up residence here until my case is resolved. Hopefully then I can return once again to the warm water of the Pacific. Meanwhile it's not too bad here, at least the people are friendly and there's not too many sharks around!

 

Me and the gang are going to a 'beach party' tonite where the Hustle will be on top of the menu.

 

Squarebob :D

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SPONGECAKEBOB

 

so you have the ability to live on land as well as in water ?

a little amphibious

 

p.s.

I've never seen hustle on a menu before -

what does it taste like ? bit like pizza ?

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That's strange where did the other two messages go?

 

Was it because this page is reserved for comments of a 'Bizziness Nature',

and not for flippant nicety's?

 

If that is the case, then let me tell you something. Since starting on this perilous journey, I have looked in at messages on this site and other sites and it was all 'Doom and Gloom'. Nearly knocked me off of my perch quite a few times. But now when you come on this website and scroll down the messages, you find that people have not lost their sense of humour, and hopefully you come away chuckling, and ready to continue the battle.

 

Yes, claiming back your charges is a 'Serious' matter. But lighten up and let your chuckle muscles go. It's laughter that makes the world go round.

 

Have a nice day :)

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hi - just a comment -two more cases lost - Lloyds again!!! Same judge!!! and on reading the posts the reason why lloyds were picked out is to do with the "breach of contract " question - as on the same day Abbey won in the same court, as they admitted that the charges are a breach of contract - lloyds say they are not. When the judge asked the lloyds claimants ( bank did not appear) have you breached a contract - they said no- the answer should be yes!!.

 

in respect if point 16 of Wragges defence - we should all say of course we have breached a contract we agreed to an OD of XXXXX and then exceeded this contract. ????? then we wre penaliised.

 

good news is that LLoyds have paid out on lots of other cases and still have not appeared in court.

 

Suppose we must all now look out for news on the big bulk case on 4th July.

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Janus,

On my defence it is para 14, As to any allegation (if any) that these charges are penalty clauses. Is that the paragraph you mean?

 

If it is, then I AM in breach of my contract, whether I had an itsy bitsy overdraft on one account and no overdraft on the other, by going over drawn I have been a very naughty boy and therefore must be punished. After all the A&L says we signed a contract with them, and if you look at all the Terms and Conditions, it must be a contract. Therefore breach of contract constitutes penalty charges.

 

Got to go, it's bucketing down.

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JANSUS

Thats excellent - well spotted Jansus

Its like a 'catch question' isn't it

 

if it gets to Court

and if asked - we must all say

YES YOUR HONOUR

I BREACHED THE CONTRACT.

 

 

I did read about this on one of the reports -

the judge had referred to an 'implied contract'

 

alice xx

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dear CLUEL3SS

 

being a mother of two children, I haven't stopped thinking about your post on here the other day.

 

If I were you -I would write to your LOCAL MP

enclosing copies of all paperwork, bank statements, etc. highlighting the bank charges, showing how much money is left (if any) for you to live on after a&L have taken their 'charges'.

explain you then have to borrow from Provident to feed your children. Photocopy all the letters you get from provident showing the extortionate interest rates.

 

The MP has a duty to do something on your behalf.

Maybe even bring it up in the HOUSE OF COMMONS.

 

Also it might be an idea to find out when your local MP is holding their next surgery, (usually find a notice in the local paper) or you could check on their website.

I think it would be a great help to meet your MP in person,

(let him/her see the 'face' behind the issue.)

makes it much more personal for both of you.

Take all your papers, along with you,

Let him/her know you now have a stomach ulcer with all the stress.

 

every little helps.

 

the MP may well write to the Alliance & Leicester on your behalf.

 

anything is worth a try to get you out of this awful debt brought about by UNFAIR bank charges.

 

It will also help you to feel more positive about yourself, knowing that you have the Weight of your Local MP behind you with this problem.

take good care

alice xxx

 

I wish you luck.

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Excellent adviceicon7.gif This could well help to bring home to the government just what the banks are getting away with by providing proof; make the banks think more about what they're doing; and of course help you and others in the future.

 

Someone has mentioned this morning attempting to involve the new PM, but I think you'll have more joy at a local level initially involving your MP.

 

Certainly worth a try I'd say ... if you feel up to it of course.

 

Mimi

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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