mariejader v Abbey **DEFENCE STRUCK OUT!**WON**

[mariejader]

Marie, I believe you should, yes - a nicely court-stamped copy with the claim # entered on it. Regards, Mad Nick.

 

Thanks Nick I will give the court a ring in the morning and see where my copy is.

 

I feel I should be doing something in the mean time do I start my AQ and bundle or should I wait until the 23rd and see if Abbey file anything?

 

I don't want to leave everything till the last min but on the other hand I don't want to do it if I don't need to?

 

Any advice or suggestions?

[Mad Nick]

Marie,

I feel I should be doing something in the mean time do I start my AQ and bundle or should I wait until the 23rd and see if Abbey file anything?

That's how most people feel at this stage. I did exactly what you are suggesting - just started drafting out my AQ and deciding what would go in the Bundle. It won't be time wasted - Abbey seem not to settle until they see a Court Bundle. Regards, Mad Nick

 

Alexted, I wouldn't worry. I had visions that, if you file in person, they would ceremoniously stamp the docs in front of me. In fact, you just hand over the fee with the N1 copies and walk away. My stamped copy came back a few days later. You never know, they might just do a photocopy especially for you !!

[charleyfarley]

There's obviously different in different courts, because I came out wioth a very nicely numbered and stamped copy of my N1, which felt very satisfying.

 

Now do we have a smug smiliey?

[mariejader]

I have just gone through my paperwork again and I have found the N1 as you said with the court stamp on it, God knows how I missed it.

 

Anyhow I have as you suggested Nick done my AQ this afternoon guessing I am going to have to complete the N149, hopefully I am not to far ahead of myself (I just have to wait and see)

 

It's taken me all afternoon to read the topic, New strategy for Allocation Questionaires, how confusing is that!!!

 

Anyhow I guess I just need to add this bit to section G

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

And print the draft order?

 

I hope I have understood this correctly

[GuidoT]

Looks about right, if you claim is >£1.5K you will need to include a £100 fee for HMCS.

[mariejader]

getting back to the AQ for those of you who have submitted one how many pages have you included.

 

I am confused by the whole issue there is a massive topic last time I looked with over 500 replies all on the AQ (the new one) which is what is confusing me, I have copied and paste the information in bankfolders post changed the text as my post above in section g and included the draft, I am concerned that I am missing something as there seems to be so many questions relating to this topic

[charleyfarley]

Hi marie,

 

Have look at post number 74 on this thread

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey-4.html

 

I'm really pleased you're doing all this work on AQ's because then I can crib all your ideas three days later when it's my turn!!

[markrobson]

hello i see wot you mean looking through your thread i have not recived nothing back from court yet and dont really want to hear anything from abbey had enough of there copied letters but will keep looking at your thread see how your gettin on good luck your doin really well

[mariejader]

Charleyfarley that's exactly what I have done, I was concerned that it was not enough paperwork just purely because of all the posts on the allocation questionair thread I thought what I had done was to easy, now I am thinking they are making it to complicated.

 

Mine took all of 5 minutes when I had worked out what to do which I will add too me all Sunday afternoon, purely just down to the amounts of threads posted.

[mariejader]

As waiting is not one of strong points I thought I would give the nice lady at the court a ring today and see if by any chance Abbey had filed their defence.

 

Sadly they have not done anything since the acknowledged my claim so I still have to wait:o what I did ask her was should the defence go directly to the court or was it possible that Abbey would send the defence directly to me, she said that it should go to back to the court, but it does not always happen this way.

[charleyfarley]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/53962-cunnington-abbey-startred-14-a.html

 

posts 17-22

[charleyfarley]

Hi Marie,

 

Any news??

[mariejader]

that's spooky I just sent you a pm

[charleyfarley]

that's spooky I just sent you a pm

 

and I thought you were replying to my post:-)

[mariejader]

Just thought I would give you an update, the gogw 50% offer arrived yesteday with a copy of Abbey's defence dated the 19th so my calculations for anyonw else who is in the system is 23 days before they respond after starting the court claim.

 

I am now going to have a look and see if the defence is also standard like everyone else has received and send the rejection letter.

 

Still not had anything from the court I guess I just wait for them to send through the AQ now? any one got any ideas how long they take to send these out?

[charleyfarley]

Hi marie,

 

Use this.......

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

letter 5 or 6 and tell them to go forth and multiply.

 

Have you read up on that AQ yet because I want to be able to use what you've written.

 

Keep smiling, we're nearly there:)

[mariejader]

Have you read up on that AQ yet because I want to be able to use what you've written

 

I think I have it all ready to go:D will double check everything is ok once I get correspondance from the courts

[Robdblynd]

Hi Maria,

 

You were right about the last minute reply. Pity you can't use Charleyfarley's expression about going forth & multiplying, but gotta be polite to the sensitive souls.

 

Nearly there now, just the last lap to go.

 

Keep smiling, we're all with you every step of the way.

 

Tricia. X

[mariejader]

Keep smiling, we're all with you every step of the way

 

Thanks for your thoughts.

 

I am sure I am not alone with what I am about to say next but without this site I would have not had the confidence to get this far, now it's fun because I know from research what steps Abbey will take next, oh I love this site

 

The bit I find difficult is having the confidence that I am replying correctly to the courts etc, as I have come this far I don't want to mess it all up.

 

So for all of you that are replying to my questions a VERY BIG THANK YOU;)

[mariejader]

Just been reading through a topice where Abbey submitted the following defence this was posted in December.

 

Although my defence is simular there are a few changes which I am adding in red

 

DEFENCE

 

1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set outr in the particulars of claim.

 

2. It is admitted that the claimant has a bank account with the Defendant, account number XXXXXXXX ("account")

 

3. At all times tha 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 purpose 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 of exceed the limit of an overdraft which you 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 yout Account."

 

4. Throughout the period that he has had the Account, the Claimant recieved 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 off which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdraft 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 referrer to in paragraphs 3,4,5 and 6 above, the defendant denies that the amount of£XXXX.XX or any other, amount was unlawfully debited to the Account and the Claimant's claim for repayment of that amount is therefore denied.

 

8. The Claimant's contention that the 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 of in the alternative, even if the said fees are not proportionate to the Defendant's administrative expense 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. The defendant denies that the Claimant is entitled to claim interest in the sum of £XXX.XX, or any other amount. The defendant denies that the Claimant is entitled to claim any charges alleged to have been incurred prior to 21st February 2001 by reason of the Limitation Act

 

11. 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 denies that the claimant is entitled ot claim interest in the sum of xxxxx or any other amount

 

12. 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 only authorised by the Defendant to sign this stateemnt.

 

Full Name Inga Kirkham no name on my defence

 

Of Abbey National plc

 

Signed Position or offiice held Legal officer

19 March 2006

 

Apart from the changes in numbers 10 and 11 the rest is standard, any comments or suggestions?

 

How do I contest defendant denies that the Claimant is entitled to claim any charges alleged to have been incurred prior to 21st February 2001 this is was the day the claim was issued, I started my claim in December?

[charleyfarley]

Hi Marie,

 

2001 is the six year limitations bit, you can't claim any interest at all, and you've got to prove everything.

 

Mine says exactly the same but I haven't got a name on my defence it's just signed pp for a scribble. but the reference is ICK ( I wonder what Inga's middle name is?)

[mariejader]

2001 is the six year limitations bit, you can't claim any interest at all, and you've got to prove everything.

 

sorry to be thick here it's the end of the day, what do you mean I can't claim any interest?

[Robdblynd]

Is this any use to you in arguing the six year limit?

 

Limitation Act 1980 s32(1),a,b,c + (2) Actual Case Law

 

It's the post by progenic7 of 15th Feb this year. I'd have put link in but haven't a clue how. I have read this and it sounds very useful.

 

HTH,

 

Tricia. x

 

ps. thanks for the click.

[Mad Nick]

Robdblynd,

I'd have put link in but haven't a clue how.

It's the icon that looks like a globe with a chain link underneath just above where you type your replies. Regards, Mad Nick

[mariejader]

thanks for the reply Trica but I cannot open it the way I add links is go to the top of the page (which has the information you want to link) highlight the www. part copy it and then past it onto the topic you are adding the information to, if you could do that it would be good

 

To be honest I am only claiming about £60 for Jan 2001 but when I started my claim I was still in the six years as my prem letter was sent 23rd December and I have a letter from Abbey "thank you for your letter dated 23rd Dec 2006" and LBA was 22nd January again I have the "thank you for your letter dated 22nd Jan 2007".

 

Am I missing the point?