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Stone vs Abbey


dirty_harry
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Hi peeps,

 

Please help, Im having a nightmare in preparing my claim against Abbey. Having initially claimed a total of £1,336 from Abbey and receiving the good old goodwill gesture, to a tune of £363, I obviously wrote back refusing to accept this as full and final settlement and that I would commence legal action if they failed to respond and repay in full within the next 7 days. This date has since past.

 

In my last letter to the Abbey, I refused this payment as full and final settlement, and later recalculated my charges at £1,306, with £253 interest on top, totalling £1,559, which I provided them with a breakdown of such.

 

I am now unsure how to commence my claim, as I would prefer to get my hands on the cash, as they have closed my account due to unauthorised borrowing (end of Uni) and went £700 over my £1,350 overdraft (dare I say cheque cashing). They closed my account due to unauthorised borrowing, which was just after I requested my bank statements. I now owe the Abbey £1,450, some £600 less than before, which has gone to a debt collectors.

 

A long hope maybe, but I would prefer to go through the courts in an attempt to get payment by cheque, as opposed to it being credited to my account if I were successful, whereas if I went down the FO route and was in part successful (as I'm sure they would drop the interest off the refund), I wouldn't get my hands on a penny. But would I risk a counter claim? Given that I have other priority debts that I desperately need to catch up on, especially at the end of my tenenacy and needing to relocate I am up the creek a little and in need of an ore or two, or is that paddle?? :rolleyes:

 

I have drafted (in part) the following letter, for my N1 form and would like to know how much I stand a chance, at Manchester CC.

 

1. The Claimant has an account with the Defendant, which was opened around 2000.

 

2. During the period in which the Account has been operating, the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £973.16 and any interest charged thereon;

 

b) Court costs

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 31st January 2001 to 28th June 2007 of £202.73 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.26

 

d) The defendant has already paid £363 into the account of the claimant,, held with the defendant, as an gesture of goodwill, which has not been accepted as full and final settlement of the claim, but has been accepted, without prejudice, as part payment of the initial £1336.18 claimed.

 

e) The defendant has failed to provide a breakdown and proof of all costs involved, in regards to the defendants actual or liquidated losses involved in any breach of contract to which these charges relate to; and that these charges reflect a true cost to the defendant in relation to the said charges; as the claimant believes the charges are disproportionate to the charges levied by the defendant as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e), which have been requested under CPR Pre-Action Protocol 4.6©.

 

If anyone can help, or needs to know more, would it be unwise to provide all the information and particulars, without personal details, in this or another thread or email?

 

Forever at someones mercy, or in their debt, scuse the pun or two!

 

Harry! :eek:

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