A/L have just filed a defence

harry6854

I went £0.65 overdrawn on an A/L account I don't use. I recevied not letter until I had run up £205 in charges.

They would not answer my complaint because of the test case, I was so angry I started court action through Moneyclaim online.

Alliance and Leicester's solicitors have sent me a long defence, basically stating the claim has not basis in law and should be thrown out!!!

What happens next??

Orford

What happens next??

MCOL will stay the claim

Alliance and Leicester's solicitors have sent me a long defence, basically stating the claim has not basis in law and should be thrown out!!!

This indicates your POC's may have been rather vague.

harry6854

whats the POC?

Orford

Particulars of Claim (that you filed at MCOL)

harry6854

Ahh

I used the template off this site though. Now they have filed the defence will stay happen automatically as the next step or will I have to complete any further documents?

Orford

Now they have filed the defence will stay happen automatically as the next step

Yes,

will I have to complete any further documents?

Only if it's not stayed. then you will be sent an Allocation questionnaire

borgbaiter

hi

it may be worth posting a copy of your poc as they say it has no worth. just to check you havnt shot your toes off before its too late.


borgbaiter

harry6854

I got this template from this site!! I will be very upset if something is wrong with it.
The defence is over 5 pages but basically says I was awaire of the terms and cons of the account and that the charges are not unfair.

1. Between xxxx andxxx the Defendant debited numerous charges from the Claimant’s xxxx account.
2. The charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3 The Claimant asks the court to enter judgment in their favour for xxx

borgbaiter

hi

is that the whole of your POC? if it is then it needs to be amended. if youve just put a part of it down then it would be best to put it here in full.


you will need permission from the courts to amend your POC and there may or may not be a fee for doing so.

borgbaiter

militantconsumer

The point is not whether your POC is wrong, as A&L will clearly have a standard defence against these claims, irrespective of how you phrase your POC.

As Orford says, your case will get stayed pending the outcome of the test case - which could be many years once all the appeals have been gone through.

Obviously as you dispute the whole debt they cannot do any debt recovery on it, cannot default you, or presumably enter anything too negative on your credit file. Hopefully something sensible will happen and they will freeze interest, further charges, etc.

There is one thing that I would be interested to know, as it may affect your case. How did you go overdrawn on an account that you "don't use"?

harry6854

Moneyclaim have said the case has been passed to my local court.

On reading the defence again basically it appears a standard defence against all charge claims.

The POC was taken from this site!

I have only started the claim following advice from this site, I did understand it would be subject to a stay.

I got the charge because I forgot that I had to credit the account with £1k plus for the first 12 months, the charge was £5 for no doing this!