give_me_it_back vs Abbey WON!!! YAY !!! *SETTLED IN FULL*

[Piggy bank]

I take that to mean that if you want to be able to claim the additional charges that you're still owed, there's no way you could sign this....

[Piggy bank]

Hi. Personally, instead of writing 'I cannot sign the Discharge, and I cannot confirm that I will not raise any further claims against your client.' I might consider skipping the last bit.

 

I would just say that you're not willing to sign such an unreasonable discharge and that the only settlement you'd be willing to agree to would be a full and final settlement of the claim number in question?

 

I'm sure that when it comes to it the judge would agree with you anyway.

 

As for the lawyer issue, I can't see why the phrasing you use would be a problem (I have to say though that I'm not in any way legally qualified, so this is a layman's perspective). It's clear that the solicitor only represents you in court.

 

Good luck and keep us posted!

[Piggy bank]

Cool. Looking forward to their next step - hope it's either entertaining or simply all your money

[Piggy bank]

Hi. I haven't been in this position (my preliminary date is in edinburgh in november) so I'm not sure how qualified I am to give you very relevant advice, but I would say that it is up to the bank to provide proof how these charges that you're asking back have been calculated and are not a penalty but a fair reflection of the costs incurred?

 

I don't know what statement of claim you used when you filed your case, but the govan law centre statement of claim gives a whole string of jurisprudence and precedents relating to the unlawfulness of punitative charges. Maybe that can help.

[Piggy bank]

Here's the link to their statement of claim: DEFENCES

 

It's the statement of claim I used rather than the shorter 1 paragraph version that a lot of other people seem to be using. It does include a lot of Scottish-specific jurisprudence pertaining to unlawfulness of penalty charges etc, which I gathered would make it even more difficult, expensive and time-consuming for banks if they want to go into the details and defend their stance at court stage.

 

In my humble opinion, it's the banks that have to provide proof, not you. After all, the law and jurisprudence is on your side.

 

Hope it helps and good luck!

[Piggy bank]

I'm not entirely familiar with the next stage, but it would certainly be interesting to hear your lawyer's take on this...

[Piggy bank]

Shame in a way that they never had to produce proof in court, but I suppose this outcome is pretty pleasing Big congrats!