Letter from court

millla

After filing a court case for a bank charges claim I have received a letter from the court with a statement from the bank disputing the claim. The letter reads,

Without Hearing it is ordered that:-

1) The claimant' s letter stands as an application for leave to lift the stay.
2) No fee payable.
3) Transfer to claimants home county court.

Note: Any Party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.


Also they have entered a defence and counterclaim form. Saying that they dispute the full amount claimed as shown on the claim form. They have also entered in the defence box the following.

1. Any charges debited to the Claimant's account have been debited in accordance with the contract made between the Claimant and the defendant in relation to the account.

2. The Claimant has been regularly advised of the amounts that would be debited to the account in respect of unauthorised overdraft; transactions unpaid due to insufficient funds or card misuse.

3. The defendant therefore denies that the claimant is entitled to repayment of the charges, as claimed or at all.

4. We intend to defend this claim and will file a full defence within 28 days of the stay of proceedings expiring.


Can anyone tell me what all this means?
Are they challenging the claim?
Am I going to go to court?
Is this case been put on hold?
Is this common?

Thanking you in advance

Paul

natweststaffmember

Is this a business charges claim?

millla

No, this is just a personal claim.

natweststaffmember

which bank is it?

millla

nationwide

esmerellda

Hi there

Can you post the particulars of claim you entered when you entered your claim in with the court originally ?

You need to ensure it covers the UTCCR and NOT just the penalty charge arguments.

Sounds like Nationwide are trying a different tak to get rid of some claims before the outcome of the test case, or simply expediting things ready for the House of Lords judgment.

Really need to see your original POC.

Oh also - dont worry about the defence as Nationwide have used the same on and off since 2007