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My Friend Vs Abbey


tezviper
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Hi all. I am dealing with my friends claim against Abbey and we have filed just over a month ago with MCOL.

Anyways recieved offer today of 65% of total claim ( £1700 ) along with their defense. The interesting thing is how they have outlined their defense.

Point 8 is as follows.

 

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 defendants administrative expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

 

his is the first time I have known a bank to admit that the charges are penalty charges for breach of contract!!!!!!

 

Anyone have any views on this????

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

This is what abbey have been putting in their defence for over a year. As such the fees charged are illegal under common law. Maybe they should of shot the person who drafted them up as I dont know of any other bank who readily admits that it is a breach of contract.

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My thoughts exactly. i mean if they are saying its a penalty charge then surely in court a judge would have to ask for a breakdown of this cost!!!!

Have dealt with all the banks so far in this and its the first time I have known them to make this admission.

At least the OFT is getting involved now and hopefully will mean people wont have to go through the courts soon.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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