Help with Order from Judge

[bruss]

Hi I know this has been posted before, but no-one responded. please help if you can, i am really stuck,

 

I have my court date against YB, 23 October 2007.

 

I sent a draft directions order with my AQ and the judge says that I need to make a statement of evidence.

(he also says that if the charges are a pre-estimate, the bank need to show what the true cost was, which is good......)

 

However, there are a couple of versions of the statement of evidence on the site, depending on what the bank has said in its defence. (this is where i fall down.. legal language may as well be chinese to me).

 

If someone could point me to the correct statement of evidence to use, I would be very grateful.....

 

Here's what the banks defence said.

 

1. blah

2. blah

3. blah

4. blah

5. At all material times the Bank's tarrifs of charges for current account customers set out the charges from time to time applicable pursuant to its standard terms and conditions in respect of: 1, unathorised OD etc etc etc

6. The Bank charged the claimant with charges of the kind in para. 5 above at the rate at which such charges were from time to time payable under the applicable tariff ("the charges").

7. It is denied that the Charges or any of them were a disproportionate penalty unenforceable as alleged in the particulars of the claim. The charges were a fee for the service provided by the bank to the claimant in extending facilities to him, all as envisaged by the agreement in place between the bank and the claimant. Further and in any event, the charges were a genuine pre-estimate of cost resulting from the customers failure to keep within the agreed o/d limit.

8. blah

9. blah

10. It is further denied that the t&c requiring the claimant to pay the charges were unfair terms within the meaning of the Unfair Terms in blah blah blah...The charges are not compensation, but ratther a fee for the service provided by the bank in extending facilities to the claimant, all as envisaged by the agreement in place between the bank and the claimant. Further and without prejudice to the generality of the foregoing:

1) the t&C were fair having regard to the following matters.

a) the cost to the bank of maintaining admin blah

b) The increased risk of loss to the bank arising from authr..blah

c) the need to operate standard proc. and to set standard charges in order to avoid the substantial costs of indvd asssment in relation to each partic. case.

 

 

Can anyone tell me in a nutshell, basically how they are excusing themselves, am i right in thinking, its a fee for a service... if so, where the mention of the 'pre-estimate' come in???? Which statement of evidence should i choose.

 

 

Many, many thanks in advance.

 

Bruss