Letter from bank/solicitor during Moneyclaim online process...

Catster2007

Thanks - I do understand they want it substantiated and I can provide details of each charge etc but I wondered if anyone could give me some guidance to the other points to allow me to respond fully.
I am not used to the legal terms they use and find them intimidating you see.

nickmack

Catster2007 wrote: »

Thanks - I do understand they want it substantiated and I can provide details of each charge etc but I wondered if anyone could give me some guidance to the other points to allow me to respond fully.
I am not used to the legal terms they use and find them intimidating you see.

chuckles1066 response was brutally honest, but not particularly helpful, so let me try to reassure you.

Have you been sent an allocation questionnaire yet? If not, you should get one shortly. The guide to filling this out is in the Reclaim Help thread.

You don't need to respond directly to their points. You have already covered it in the particulars of claim and can simply send them the list of charges again if they request it.

Tozer

I do think it is important that people realise that by starting legal proceedings then you are opening the door to legal arguments - which by definition will be legalistic.

As a solicitor myself, various tactics are used against lay people. This will get worse as the numbers of claims increase.

What are the particular issues? You really must remember that solicitors will be appointed to delay, bluff and look for technicalities. Ultimately, banks are losing a lot of money over this and it is only fair (hey, thats what courts are) for all sides to be heard.

Catster2007

Thanks nickmack.
No allocation questionnaire has been sent.

In short, they have obviously asked for details re the charges but also some really detailed questions around how much should they have charged. They have also asked me to detail what clauses pursuant to which charges were applied. Also were the charges applied due to a breach of contract. If so, they have asked me to identify in each case the particular breach of contract. They have asked me to detail all the facts I am relying on in support of the contentions and in particular to identify the contractual provision(s) that I claim are invalid by reference to the Regulations.

Your advice would be really appreciated..
Thanks

Catster2007

Thank Tozer.
By the way, I am happy to type out the whole letter if you think it would be beneficial for others.
Could take some time though, the entire document is about 8 pages!!

nickmack

Catster2007 wrote: »

No allocation questionnaire has been sent.

In short, they have obviously asked for details re the charges but also some really detailed questions around how much should they have charged. They have also asked me to detail what clauses pursuant to which charges were applied. Also were the charges applied due to a breach of contract. If so, they have asked me to identify in each case the particular breach of contract. They have asked me to detail all the facts I am relying on in support of the contentions and in particular to identify the contractual provision(s) that I claim are invalid by reference to the Regulations.

As I said, you don't need to respond directly to the questions. The defence is standard and designed to intimidate you. Fill out the AQ promptly when it arrives.

Have you already sent a list of charges?

Catster2007

I sent a list of charges before Christmas and again in February.
I can send the details again but do I need to respond to the other points?
They has asked for a response to the letter by 18 April (14 days).

Appreciate your help - thanks for replying.

Catster2007

Sorry - forgot to add....
Who will send the AQ and shoudl I respond via Moneyclaim or directly to the solicitors?

chuckles1066

Catster2007 wrote: »

I sent a list of charges before Christmas and again in February.
I can send the details again but do I need to respond to the other points?
They has asked for a response to the letter by 18 April (14 days).

Appreciate your help - thanks for replying.

If you don't respond in full they will use your breach of CPR Guidelines 1.3 against you to weaken your case.

Just play their game the way they want to play it......

mickh115

I am now in the same position with Barclays Bank.
They have filed an Acknowlegement to my claim, and are intending to defend it.
Can anybody tell me if this is just standard bank policy for delaying tactics or do they intend taking it all the way to court?