Bank defending the claim

JooJoo_3

Thanks again for all your help.

Kind Regards

Gavin

JooJoo_3

HI

Sorry, one more thing. I read somewhere that I should request a "Statement of Disclosure" from the court. I believe this basically is asking the court to request the banks reveal their true costs, which they are not, as yet, willing to do. Should I add this comment to the letter you provided?

Thanks

Rex_Mundi

Do not add anything to the letter.

A statement of disclosure is something you can ask the judge for when you fill in the AQ. Only the judge can order this.

Although this seems a very good tactic. It also requires more work from you if it is ordered. Only use this on the AQ if you fully understand the implications, and what is required of you.

perx

i claimed 730 in unfair charges from Barclays. they offered me 480 as a goodwill gesture which i declined.

I demanded the full amount or would issue proceedings via moneyclaim website. they told me to go ahead!

i filled out the online claim form, after adding the interest they owed me, bringing the claim to 924 plus court costs of 80, totalling a claim for 1004.

however, being rather inept with computers i didn't list all of the charges (as space to do so was limited on the claim form) and didn't know how to attach the interest calculator. Barclays are defending the claim in my local court and i am petrified!

what can i do??? someone please help?! :eek:

Rex_Mundi

It seems quite normal for Barclays to enter a defence, but still not go to a hearing. Don't panic, and wait till you get sent an allocation questionnaire from the court. You will need to fill this in next. See post #8 in THIS THREAD for a guide to this.

lostcrusader

Just like to wish you well on your claim. Have the courage of your convictions and follow through. You know what is right, what is moral, what is ethical and what makes share holders richer. (bank charges)

Good Luck

mollyjak

We heard today that Barclays is defending our claim for £1400 although they haven't offered us anything goodwill or otherwise!!!
Will follow all the help and links on here so thanks to all.

Giggilicious

JooJoo wrote:

Hi

I am claiming back £3000 from Natwest and have gone as far as starting the court process. The banks have decided to defend my claim and their solicitors have written to me but I dont really understand what they are saying, can anyone helps?

Points made in their letter

1 - Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the claimant proves the allegation that the defencand debited charges to his bank account,insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the limitation act 1980 and/or the doctrine of latches and the defendant will apply to strike out this aspect of th claim and/or for summary judgement.

2 - The defendant is embarrassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. In particular: The particulars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose the legally recognisable claim against the defendant.

3 -The defendant invites the claimant to remedy the above. In the event that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order striking out the particulars of claim.

4 - The defendant reserves the right to plead further to the paeticulars of claim once and if the claimant properly particularises the same. IOn the meantime it is denied that the claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

Anyone know what I should do now?

Thanks

Gavin

I received the same letter more or less with the bank defending there claim.. to be truthful i nearly cried!!! ha... went to friends house to put a letter together to respond to it quoting all there legal jargon... went onto to print bank statements off again.. and the bank had put the money into my account with out even telling me.. i wouldnt worry!