Another 50% offer

[britbrick]

Dear all

 

First of all, many apologies for interposing a question on AlanfromDerby's thread......

 

This time last year I took Abbey through Moneyclaim, which they ignored. So by default judgement, and bailiff enforcement, they paid up in full over £1000 without any comment.

 

I fear however that Abbey are now taking a more proactive stance - we do not have any recent (i.e. within the last month) examples of them caving in. They are filing defences with the court.

 

They have written to me offering 50% and saying:

'...your claim seems to be based on an argument that you should not pay any charges at all. I would however ask you to consider that it cannot be correct that Abbey cannot charge anything at all. Even if it is correct that the charges are greater than Abbey's actual loss, Abbey would be entitled to charge something'

 

....and they have sent copy of their written defence in legalese.

 

How far can we push this and what in practice happens court-wise? Do the court make a judgement without Abbey and me appearing?

 

britbrick

[whizzkid001]

Did you get my pm britbrick?

[wintermare]

ive had the same reply which i rejected.

anyone else

[dave]

Had exactly the same.

 

I replied with " you will notice that I am not claiming the extra interest incurred because of the charges. I believe this to be a fair way of recouping your losses due to my breach of contract. Therefore, I cannot accept your offer of 50%." etc...

 

Within a week a letter and cheque for the full amount plus 8% APR and costs arrived.

[alanfromderby]

The onus is on Abbey to prove what their costs actually are. The law does not say that they cannot levy a charge, what the law says is that any charge must be equivalent to their actual costs incurred through the breach.

 

If they are unwilling to produce evidence of their costs, then it would be reasonable to assume that the charge is disproportionate, and therefore unlawful. In which case the charge in it's entirety, is unenforceable.

 

If they were to levy a fee of £2 - then they would not have any problems, and a court would back them without a shadow of doubt. The point is though, we can pluck figures out of the air - in the end, only the banks know how much these fees should be to be lawful.

 

Once they start charging fees at a lawful level the court actions will stop - and they will be able to recover their properly incurred costs.

[britbrick]

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