Tamadus v Abbey ERC

[tamadus]

Started this with a prelim letter on 14 september asking for just over 2000 ERC back.

 

Standard fob off letter received 29th september so just on the 14 day deadline for reply. Fun thing is they actually admit the ERC is to indemnify them against a possible loss from early redemption.

 

LBA ready to post tomorrow morning then its off to MCOL again.

 

Get ready for the next wave caro lmao.

[paddym]

good luck mate !

[tamadus]

Thank you paddy should be an interesting ride as their fob off letter confirms a lot of the points I raised as being unlawful.

[paddym]

well at least you got that read my fob off i got back from preferred ! paddym v preferred ! ive 4 companys 3 more sets of statements to sort out over the weekend lol

[tamadus]

well at least you got that read my fob off i got back from preferred ! paddym v preferred ! ive 4 companys 3 more sets of statements to sort out over the weekend lol

 

Just read it paddy and it look to be based along the same sort ofl lines as normal. It's in our terms and conditions so it's fair and lawful. Whne are these companies going to realise their terms and conditions count for nothing when the LAW states they are unfair? It's always slightly different wording but the same meaning.

 

Go get the devils

[tamadus]

Well no response to my LBA the deadline of which was the 16th October so I filed on MCOL about 5 minutes ago. Time to play the waiting game again

[paddym]

GOOD LUCK tAM FINGERS AND EVERYTHING CROSSED FOR YOU !

[tamadus]

Thanks paddy I expect this one to go all the way to the wire so it should be fun

[zootscoot]

Best of luck Tamadus!

 

There are several claims against Abbey mortgages in progress now. Lets hope they get their act together.

[tamadus]

Thanks zoot as it's an ERC charge I am expecting them to take it all the way. I mean they havent even bothered acknowledging my LBA lol. So in for a pennt in for a pound

[rascal3103]

hope to hesrf rom you soon regarding the defence matey.

 

Stef

[tamadus]

hope to hesrf rom you soon regarding the defence matey.

 

Stef

 

Check your mailbox rascal Think I have most of it worked out, just need zoot to take a look and add her magic touch now

 

I already plagarised zoots like crazy lol. but most of these are going to be covered by the same points.

[tamadus]

Oh what a month of fun November is becoming

 

Recieved the Allocation Questionaire and a copy of Abbeys defence in todays mail, also got a copy of the defence from Abbey. Give me 5 minutes to scan and delete bits and I will post it in its entirety.

 

As you read it please bear in mind I am reclaiming an Early redemption Charge on a mortgage.

[tamadus]

Claim No : 6QZ75056

IN THE NORTHAMPTON COUNTY COURT

BETWEEN:

TAMADUS

Claimant

- and-

-

ABBEY NATIONAL PLC

Defendant

DEFENCE

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendant, account number XXXXXXXXXX ("Account").

 

3. At all times the Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. The Defendant will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

(1) "You can apply for an overdraft on your Account. If we give you an overdraft we will tell

you your limit and the interest rate applicable."

(2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account

or exceed the limit of an overdraft which we have agreed."

(3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of

Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account."

 

4. Throughout the period that he has had the Account, the Claimant received a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

5. Any overdraft facility on the Account was (and is) subject to the Conditions.

 

6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4,5 and 6 above, the Defendant denies that the amount of £2119.00, or any other amount, was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied.

 

8. 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 Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

 

10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

The Defendant believes that the facts stated in this defence are true.

 

I am duly authorised by the Defendant to sign this statement.

Full name Inga Kirkman

of Abbey National pic

 

 

signed

~ position or office held: Legal Officer

 

 

 

Date: 30 October 2006

2

[rascal3103]

well tamadus, at least in my case they understood mine was for and Early Redemption Charge, they seem to have yours completly messed up. Looks like the copy of my defence I sent over to you as a pre warn does you no good....

[tamadus]

OK now lets take a slightly closer look at this.

 

This claim is for an early redemption penalty on a mortgage. It is NOT a bank account charges claim

 

I do NOT have and never have had a bank account with Abbey

 

I sincerely hope you can prove item 6 and I look forward to disclosure. Considering that I don't have an account with you I fail to understand how I could have exceeded my overdraft limits on several occasions. I DONT have a bank account with you let alone an overdraft. I may yet follow up this allegation as I consider it defamatory and totally without substance

 

Anyone think the pressure is getting to them? I did see another thread on the same thing this morning but cant find it now

 

 

I'm really looking forward to this

[tamadus]

well tamadus, at least in my case they understood mine was for and Early Redemption Charge, they seem to have yours completly messed up. Looks like the copy of my defence I sent over to you as a pre warn does you no good....

 

Wondering if I should tell them lmao.

 

On the contrary rascal yours served a purpose in that you should have all the arguments now if they do go to court

 

I need to complete this AQ now still it adds another £100 onto the bill

 

They should look like real idiots if they do go to court

[rascal3103]

did you get the copy post from zoot i sent over this morning on email ?

[tamadus]

did you get the copy post from zoot i sent over this morning on email ?

 

Yes I got it and saw the thread

 

Why not re type it and use it as part of your court bundle ? it will also give your some reference point if you do have to go to court.

[Les Gunn]

Tamadus!

 

We have ALL had the same defence from Abbey - bloody hysterical really as ALL the facts are completely wrong!!!!!

 

My AQ is going to seem like a Carry On script to the Judge...

 

[tamadus]

Tamadus!

 

We have ALL had the same defence from Abbey - bloody hysterical really as ALL the facts are completely wrong!!!!!

 

My AQ is going to seem like a Carry On script to the Judge...

 

 

not all of us, Stef got one geared to a mortgage as it should have been. but it looks like all those sent out this week by Inga are way of course.

 

The question now is do I tell them its totally wrong for the case or not. and also can they change it when they realise ?

 

I havent mentioned it in my AQ and I have stuck to the basic format for that. All completed and ready for dropping into the local court with a cheque tomorrow

[tamadus]

And yes I am still laughing my head off at it

[Les Gunn]

Yup, my AQ is ready to post and contains a line to the Judge mentioning the fact that their defence in no way relates to my mortgage account held.

 

[tamadus]

Yup, my AQ is ready to post and contains a line to the Judge mentioning the fact that their defence in no way relates to my mortgage account held.

 

 

I saw no reason to change the basic from the template for it. My guess is they will notice and either try and change it or simply pay up knowing they are on a losing wicket. I'll take mine in by hand tomorrow

[tamadus]

AQ is now filed with my local court

 

Guess I have a couple of weeks now to sit back and relax where this one is concerned, I already have most of my court pack ready and my plan of attack is nicely formulated in my head just in case they do show up. I will get an Index done this weekend for the court pack and make duplicate copies ready for binding just so the Judge and them can see how much more organised I am than they are.