paddym v woolwich

[paddym]

My god ups and downs just checked court website guess what woolwich have entered defence i phoned the court and they told me that their computer server went down so they just resent everything but going by the date the defence was registered they got the original papers so have to check with court on monday as they might squeez me in before christmas fingers toes and everything else crossed. now im not the luckiest person in the world so just waiting for the pitfall ill not raise my hopes up but im further on than i was on tuesday 2 steps forward 1 step back thats the way this claim seems to be going !

[Thailand]

Bloomin' eck Paddy!

[paddym]

Thai my heads spinning here just glad things are looking up cant wait to see their defence will post as soon as i receive it so come on the WOOLIE bring it on !

[Thailand]

Thai my heads spinning here just glad things are looking up cant wait to see their defence will post as soon as i receive it so come on the WOOLIE bring it on !

 

LOL, I almost said 'I bet you can't wait to see thier defence' but then you've probably read it on various threads a hundred times due to thier sincere dialogue bulsh*t:lol: I wonder if they will refer to you as a 'her' like they did on mine and Al's:eek:

[paddym]

Well Thai i dont mind if they do ! The only problem is if the wifes off work the day of court ill not be able to borrow her clothes so theyll have to change it to him ! ha ha ha ha ha ha

[Thailand]

That may require a little 'MANual intervention'!

[paddym]

Thai your getting worse well im off to bed now to get a few hours shut eye think ill sleep sounder now that the finishing lines just coming into view over the horizon ! speak soon my friend !

[e28bigalbexley]

Well Thai i dont mind if they do ! The only problem is if the wifes off work the day of court ill not be able to borrow her clothes so theyll have to change it to him ! ha ha ha ha ha ha

 

No probs paddy i have been off the beer for over a month and i have lost loads of weight and i have lost the reciept to my little Blue Number you can borrow that if you like8-)

 

al.:grin:

[paddym]

Ill let you know AL !

[paddym]

well i phoned the court today they couldnt fit me in before christmas so i have been given a court date for 2nd February 2007 sounds a long way off but its only 11 weeks so looks like i may be getting a late christmas present afterall. Well Thai , Tam and Big al when do reckon they will try to negotiate a settlement ?

[Thailand]

Well I rang my court this morning and it did not result in a court date - still in boxwork:mad: , but I am well pleased for you paddy:D .Do you know if you've got standard disclosure??

 

If I had to guess - 24th January 2007, but heres hoping you get it in time for chrimbo:)

[paddym]

court are sending defence out to me so should know full facts by thursday will post it when i get it !

[e28bigalbexley]

Well Thai , Tam and Big al when do reckon they will try to negotiate a settlement ?

 

Morning post (11.43) January 31st 2007:cool:

[paddym]

Al could you not be a bit more precise ???? lmfao:D

[paddym]

Defence received thoughts and comments greatly received and any help as to a letter in reply to this as woolwich have got the services of an outside solicitor as im in northern ireland !

 

DEFENCE

 

1. The particulars of claim are summary and do not PROVIDE DETAILS OR PARTICULARS OF ACCOUNT IN QUESTION AND / or the precise charges alledged to have been unlawfull or the date thereof. Accordingly this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course. It is averred that the claimant has failed to identify and state any cause of action against the defendant to establish any legal liability for the sum claimed.

 

2. It is admitted that the claimant has an account numberxxxxxxxxx.To the extent it is alledged that the claimant incurred charges on HER account for unauthorised borrowings (whether late payment fee,exceeding authorised credit limits or any other such fees (the "charges" ) it is admitted that such charges were debited from the claimants account however the defendant puts the claimant to strict proof of each charge and date thereof.

 

3. The defendants standard terms and conditions ("terms") which the claimant accepted upon opening the account entitle the defendant to debit the charges from the customer accounts upon certain events (including but not limited to exceeding account credit limits and/ or unauthorised borrpwing and/ or failing to make sufficient monthly payments to reduce the account balance by required date )

 

4. It is the responsibility of the account holder to properly monitor HER account so to ensure compliance for example with the obligation to make payments by required date .

 

5. The terms gave the claimant a fair and transparent veiw of the obligations and entitlements set out in paragraphs 3 and 4 above including the basis on which the defendant would be entitled to debit charges from the claimants account .

 

6. If and to the extent it is the claimants case that failure to make monthly payments and / or HER failure to remain within the agreed credit limit constituted a breach of terms and that contractual entitlement to debit the charges from the claimants account constitutes a liquidated damages clause the same is denied. The charges applied to the claimants account were payments that the claimant agreed to make upon the events described in paragraph 3 above by reason of terms. Accordingly it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the charges as alledged by the claimant or at all and / or that the charges are otherwise unenforceable.

 

7. Further or alternatively it is denied that any such charges constitute unlawful penalty chaarges or are in breach of the unfair terms in consumer contracts regulations 1999 or are in breach the unfair (contracts) terms act 1977 (or any other provision )

 

8. Further or alternatively without predjudice to matters pleaded in paragraph 5 above if the claimants failure to make sufficient account payments by the required date and / or to remain within pre agreed credit limits constituted a breach of the terms the defendant avers that the charges were nonethe less valid and enforceable.

 

9. It is further denied that the charges were unlawfully debited from the claimants account and the defendant has failed to comply with a request for information under the data protection act 1998.

 

10. Accordingly it is averred that the charges are legally enforceable and the defendant was entitled to debit the charges from the claimants account .

Accordingly the claimant is not entitled to a declaration by the court as to the enforceability os the said charges.

 

11. The defendant denies that it is liable to the claimant for the sum claimed and interest as pleaded by the claimant or at all.

 

 

WELL FOLKS THAT THE CLAIM FOR THE DEFENCE

AND YES THAILAND AND AND BIG AL THEY GOT MY SEX WRONG I THINK SO I AM AWAY TO CHECK IF IM A HE OR A SHE OR MAYBE A HESHE !!!! HA HA

[Thailand]

MMMMM They've given it a facelift, Or thats the N.I version (obviously!) Its funny i've read mine agian and yours, and it all still sounds like TUT!

 

Not sure you've anything to worry about apart from sending ANOTHER schedule of charges to thier solicitor with your claim number on ( and covering letter)

 

Then sit back and wait:eek:

[CrikeyMick]

Yep looks like this is an updated version, same one I got. Lots of noise very little content

 

No need to do anything further until you get the allocation questionaire.

[Thailand]

Do you know if you've got standard disclosure?

 

What am I talking about! You've not filled in an AQ - so how would you know??. Now I'm really confused, how did you get a court date before filing AQ???

[e28bigalbexley]

MMMMM They've given it a facelift, Or thats the N.I version (obviously!) Its funny i've read mine agian and yours, and it all still sounds like TUT!

 

Not sure you've anything to worry about apart from sending ANOTHER schedule of charges to thier solicitor with your claim number on ( and covering letter) sit back and wait

 

 

Yeah definately agree with all the above and i suppose you could ask lickthewallfatboy to look it over as hes in NI and has had dealings in court (with citi). I bet woolwich never send your shedules on to the solicitor.

You can borrow my outfit ive lost so much weight i got to get another ive gone down 3 sizes.

 

AL:-o

[kippy2]

uh oh a mod will be along in a tick to tell you off about the smileys...something to do with spyware

[e28bigalbexley]

uh oh a mod will be along in a tick to tell you off about the smileys...something to do with spyware

 

:o oh slapped wrists again i'll delete it

[kippy2]

think you have to delete the link aswell spyware....only trying to save you from a mod

[paddym]

Bigal your never outta trouble ! im beginning to think you do it on ourpose to get those wrists slapped ! he he

[tamadus]

Paddy, sorry but I just popped in to see how you were getting along so I'm about a week late :o

 

Can I assume your POC was similar to the standard POC and included full particulars of why the charges are unlawful ? if so that defence is hardly worth the paper they wrote it on.

 

The cheque should arrive about 15 minutes before the court opens

 

Al if you lose anymore wieght your going to have to drop the big part of your nickname

[e28bigalbexley]

 

Al if you lose anymore wieght your going to have to drop the big part of your nickname

 

Dave

I will wait another 3-5 days you will be a Mod by then and you can do it personally:D

 

AL