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Allocations Questionnaire

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  • Hi,

    The abbey national have decided to file a defence with regards to claiming the bank charges back.

    Their defence is that the account has been subject to applicable terms and conditions and that i was supplied with these.
    then lots of bla bla about having overdrafts and terms etc
    Because of this they denies the amount or any other and that it was unlawfully debited and also denies interest is entitled.

    The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendents admin expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

    Even if the fees are not proportionate to the Defendants admin expenses 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.

    No admissions are made as to the amounts claimed and the claimant is put to strict proof of the same.

    (((RIGHT)))

    Is this standard bla bla defence?

    What other proof would i have to show (( calculations were sent originally with the claim, I used the calculator on this site))

    on section c of the questionnaire it states The.......(blank)... protocol applies with this claim have you complied with it yes/no....what do i put here?

    Thanks for your help and im so sorry this is long winded....just want to get it right..

    Many thanks

    Nicky:p
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    You'll find the guide in the Reclaim Help Thread which is linked in my signature.
  • Thankyou for your help Edinburghlass your a star
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    I know.... :)
  • My battle is against LTSB, and after reading some of the stories on here, I'd like to get it sorted ASAP!

    I want to make sure I fill my questionnaire in properly! Does anyone have any pointers? I want to make sure the judge is in no doubt that my money should be mine once more!
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Yes, there is a guide in the Reclaim Help Thread which is linked in my signature.
  • Thank you SO much! I have had a quick look at the thread and am really impressed, you have done a fantastic job in breaking the questionnaire down and making it seem less daunting!
  • Loubie6
    Loubie6 Posts: 6 Forumite
    Hi, Have received a notice of transfer from MCOL after Barclays defended my claim but didnt receive an Allocation Questionnaire as described in the pack, when I queried this with the court they said I didnt need one and i'd just get sent notification of a court date.... does this sound right or is the AQ a neccesity for my case?????
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Sorry Loubie I just shifted and answered your previous post into the thread below!
  • Loubie6
    Loubie6 Posts: 6 Forumite
    Sorry Edinburghlass, can't find answer????????
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