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Hi, i know this has been posted before, but no-one responded. please help if you can, i am really stuck,

 

I have my court date against YB, 23 October 2007.

 

I sent a draft directions order with my AQ and the judge says that I need to make a statement of evidence.

(he also says that if the charges are a pre-estimate, the bank need to show what the true cost was, which is good......)

 

However, there are a couple of versions of the statement of evidence on the site, depending on what the bank has said in its defence. (this is where i fall down.. legal language may as well be chinese to me).

 

If someone could point me to the correct statement of evidence to use, I would be very grateful.....

 

Here's what the banks defence said.

 

1. blah

2. blah

3. blah

4. blah

5. At all material times the Bank's tarrifs of charges for current account customers set out the charges from time to time applicable pursuant to its standard terms and conditions in respect of: 1, unathorised OD etc etc etc

6. The Bank charged the claimant with charges of the kind in para. 5 above at the rate at which such charges were from time to time payable under the applicable tariff ("the charges").

7. It is denied that the Charges or any of them were a disproportionate penalty unenforceable as alleged in the particulars of the claim. The charges were a fee for the service provided by the bank to the claimant in extending facilities to him, all as envisaged by the agreement in place between the bank and the claimant. Further and in any event, the charges were a genuine pre-estimate of cost resulting from the customers failure to keep within the agreed o/d limit.

8. blah

9. blah

10. It is further denied that the t&c requiring the claimant to pay the charges were unfair terms within the meaning of the Unfair Terms in blah blah blah...The charges are not compensation, but ratther a fee for the service provided by the bank in extending facilities to the claimant, all as envisaged by the agreement in place between the bank and the claimant. Further and without prejudice to the generality of the foregoing:

1) the t&C were fair having regard to the following matters.

a) the cost to the bank of maintaining admin blah

b) The increased risk of loss to the bank arising from authr..blah

c) the need to operate standard proc. and to set standard charges in order to avoid the substantial costs of indvd asssment in relation to each partic. case.

 

 

Can anyone tell me in a nutshell, basically how they are excusing themselves, am i right in thinking, its a fee for a service... if so, where the mention of the 'pre-estimate' come in???? Which statement of evidence should i choose.

 

 

Many, many thanks in advance.

 

Bruss

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Hi Bruss

 

I am in same state as you - hearing date 12th Sept - but I don't know which Statement of Evidence to use either.

 

I have had same defence as you (seems to be standard) so will keep an eye on your thread in case someone helps you out.

 

Thank God for this site - think I would have given in weeks ago. YB owe me of £7000 including costs and interest. Have you used 'nudge' letters - I have and recieved no response (what a surprise) but apparently it looks good in court that you have tried to negotiate with them and looks bad for them as they did not respond. Might be worth a thought if you haven't already done it.

 

Just photocpied all my statements this afternoon - think I will have to carry bundle to court as will be too expensive to post. Have only just started compiling bundle and already have over 200 pages just in statements!!!!!

 

Keep going - you will get there.

 

Jenni

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i to wasnt sure on which statement to use in the end i went with the fee for a service i know some have opted for the pre-estimate version but on reading their defence over an over in the end it seemed the one most suited to my claim as it does include about pre-estimate costs aswell dont know if it helps you at all good luck

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Thanks people, I think i will go with what most are doing and submit the 'fee for service'.

 

thanks for the tip about the 'nudge' letters Jenni. I will send a few of them. makes me laugh really, they applied for the stay to allow negotiation and they haven't been in touch.

 

good luck with your case, please let me know how you get on.

 

thanks everyone

 

bruss

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Hi Bruss

 

Yes got them off a link on this site - you will need to adjust to suit your requirements. I sent first one when I found out that AQ had been dispensed with and second one when I got hearing date. You will likely get no response - YB don't seem to do responses.

 

Allocation Questionnaire - Dispensing With the AQ

Is your court dispensing with the Allocation Questionnaire?

Allocation Questionnaire - Dispensing With AQ: Action to Take

New---after 28 Days - Maybe No Aq!!!!!!!

Hope this helps - keep me posted

Jenni

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