Has any bank defended their actions in court?

nickmack

emmalou wrote:

How long have ya been waiting lizzy? im waiting for them to file a defence but it will of been 14 days tomorrow and ive heard nothing - its makin me feel like ive forgot to do something cos it cant be this easy!!

Sit tight and do everything by the book and it is that easy.

Lizzy

emmalou wrote:

How long have ya been waiting lizzy? im waiting for them to file a defence but it will of been 14 days tomorrow and ive heard nothing - its makin me feel like ive forgot to do something cos it cant be this easy!!

They had to defend by the 14th I got it today (15th) dated the 13th. Three pages of waffle. Point one of their defence was interesting it said they never had a list of charges and no idea what was being claimed. Of course they did 3 times! one of them was with the court papers. Good job I sent one to the court as well. Then would you believe it point 9 of their defence says the claim I am making for the 11th October 2000 is out of the timescale allowed THOUGHT THEY HAD NO IDEA WHAT I WAS CLAIMING FOR AND NO DATES !!

Got to fill in my AQ now.

Getting nearer, hold tight everyone.

Lizzy

digp

typical tosh from banks .............. the common law is clear on this,banks are in the wrong

karnevil

emmalou wrote:

How long have ya been waiting lizzy? im waiting for them to file a defence but it will of been 14 days tomorrow and ive heard nothing - its makin me feel like ive forgot to do something cos it cant be this easy!!

The bank have 28 days from when your claim was served to defend. You should have the claim acknowlegded in the first 14 days - and you should be able to see if they have or not by look at the MCOL site or calling your court.

You should have received a notice of issue from the court, then your acknowledgement will come from the court about day 14-17, then wait for the defence about day 28.

With the defence you will get an Allocation Questionnaire, which you need to complete (is their a template on this site for that ? havent found it yet ) and if your claim is over £1500 you need to pay a further £100 with this. You then wait for the courts and the judge to give you a hearing date.

emmalou_2

Yeah i was "acknowledged" yesterday joy o joy!

i hope it all comes thru before christmas darnit!

Lizzy

emmalou wrote:

Yeah i was "acknowledged" yesterday joy o joy!

i hope it all comes thru before christmas darnit!

If its Barclay's it will be at least a couple of months yet.

fatbelly

Kissick v Citicards

Went to court in Northern Ireland.

Not sure who won, but the bank refunded the default fees above £12 and the judge at court viewed this as reasonable. Doesn't set precedent but Citicards are trying to claim that it does

Ropey_3

I see a lot of advice where people say "Most banks will pay out early but some will go to court" So far, ALL the banks I've read about have caved before the actual court appearance. Barclays (typical as that's mine :rolleyes: ) seem to be the most tenacious and actually file a defence before not turning up at court.

Has anyone actually been in front of a judge with the bank's representative next to them and had to produce evidence?

nickmack

Yes, a few people have been to court, most recently in Scotland and won.

Nearly a year ago, a guy went to court in England and lost. This was because he didn't prepare properly. This is much less likely to happen now with all the resources and help available.

Ropey_3

I don't suppose you'd have a link, I'd like to know what the banks come up with