Jump to content

 

BankFodder BankFodder


GaryH

Abbey's new "no breach" defence

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3083 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Removed due to recent developments - http://www.consumeractiongroup.co.uk/forum/abbey-bank/111050-abbeys-new-no-breach-4.html#post1776035

Edited by GaryH

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

Anyone who has recieved the new defence please post here. I can't attach it here becouse I'm out of attachment space, but mine is 5 pages long and has 14 paragraphs. Para 3 is;

It is denied that those charges payable and that rate of interest applicable upon a customer going into unauthorised overdraft or exceeding an authorised overdraft constitute a penalty at common law. It is denied that those charges and that interest are payable on breach of contract.

Also, anyone who has recieved the old one (which admits a breach of contract) recently can you please post here with details of when it was recieved.

 

Thanks.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

Can u look at my thread please it may be important.

Share this post


Link to post
Share on other sites

old defence recieved 07/06/07

Share this post


Link to post
Share on other sites

Old defence received 02/06/06

 

HTH


:madgrin:

Share this post


Link to post
Share on other sites

I think mine is the old one. Dated 26 /04 /07. How do I tell?


:-|

Share this post


Link to post
Share on other sites

Only really after details of the old one's if they were served within the last week or so - say, sometime in August. :)


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

I have the new one - have 3 claims going through and have been served the new one with 2 of the claims. They haven't defended the 3rd yet (they have till first week of sept to do this). One of the claims looks like it will still be heard, but the other 2 are/will be stayed at MCOL.

 

Do you need a copy of the new defence?

Share this post


Link to post
Share on other sites

I have 2 claims with Abbey.

 

The first one is dated 21/05/07 and is the old still defence where they say I have breached the contract and the fees charged reflect and are proportionate to the defendants admininistrative expensed incurred because of this breach. It then goes on to say even if they are not proportionate (which is denied), I remain liable to pay such fees as may be found to be proportionate and I am not entitled to claim repayment of the full amount of each claim.

 

The second defence dated 08/08/07, (mine is 7 pages and has 24 points)is totally different and denies that going into overdraft constitutes a breach of contract!

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

Share this post


Link to post
Share on other sites

I have the new one - have 3 claims going through and have been served the new one with 2 of the claims. They haven't defended the 3rd yet (they have till first week of sept to do this). One of the claims looks like it will still be heard, but the other 2 are/will be stayed at MCOL.

 

Do you need a copy of the new defence?

Yes please, to compare if its the same. Either type it up here or if its easier I'll send you my e-mail address.

 

I got this defence through yesterday for my o/h's claim. They must think we are stupid - they have defended on the basis of terms that weren't even in existance when the charges were taken. Its ridiculous! I'm applying for summary judgment, and would advise others to do the same. I'll post something up here later on.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

 

Now that's an interesting twist, because surely CCA 74 s77/8 now takes effect and without an executed agreement it is unenforceable.


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites
I have 2 claims with Abbey.

 

The first one is dated 21/05/07 and is the old still defence where they say I have breached the contract and the fees charged reflect and are proportionate to the defendants admininistrative expensed incurred because of this breach. It then goes on to say even if they are not proportionate (which is denied), I remain liable to pay such fees as may be found to be proportionate and I am not entitled to claim repayment of the full amount of each claim.

 

The second defence dated 08/08/07, (mine is 7 pages and has 24 points)is totally different and denies that going into overdraft constitutes a breach of contract!

I also says:-

18. An overdraft constitures a loan, not a contract "under which a person ... agrees to carry out a service" within the meaning of section 12 of the 1982 Act. Accordingly, section 15 of the 1982 Act is of no application to an overdraft.

Excellent. The charges were taken under the same terms and one defence admits a breach and the other completely contradicts it! Its almost funny!

 

Can you e-mail me yours, please? It seems much longer than mine.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

Does anyone have a copy of Abbey's new terms and conditions? If so, when do they take effect? The ones published on their website are still the old ones.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites
Guest amethystdragon

I have a copy of their new terms and conditions - I'll find it later and let you know

Share this post


Link to post
Share on other sites

Excellent - thanks. :)


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

i am not sure if this helps but i received my abbey defence on the 31st of july and its is only 3 pages long with only 11 paragraphs.

Share this post


Link to post
Share on other sites

Great - have you got a scanner? Who signed the statement of truth?


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

it was signed by vivian roux and i do have a scanner but i will need to wait until one of my kids to come home if you would like a copy.

Share this post


Link to post
Share on other sites

Yes please - I'll send you my e-mail address.

 

Cheers.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

Hi GaryH

 

I have the new T & C's, and the accompanying letter is dated 24 July 2007. The Code on the bottom of the Abbey Personal Current Account Key Features and Price List says:

 

BANK 0018 JUL 07 DS

 

And on the actual T & C booklet it says:

 

BANK 0042 MAY 07 DS

 

Hope that helps.

 

Jo xx


Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Share this post


Link to post
Share on other sites

Just read the bottom of the letter and it says:

 

"Please take the time to carefully read both of these important documents, which take effect from 10th September 2007."

 

Very interesting!!!!

 

Jo xx


Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Share this post


Link to post
Share on other sites

Thanks Jo.:)


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

hi.. I got a copy of the new abbey defence, cover letter dated 10/08/07

 

Do I wait for a court date now? before submitting my bundle?

 

- finding it tough wading through this :( great resource this site though - wouldnt have had the courage or conviction to stay on track without all the help n advice offered here

Share this post


Link to post
Share on other sites

See post #1. :)


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Share this post


Link to post
Share on other sites

I can't scan the document (i'm really terrible at that sort of thing) I can fax it if that helps??

 

What do we do with clias that have been stayed by MCOL? Can we ask for a summary judgement for the claim to be struck out on those ones???

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...