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

Kurt_Hamster

Just remember that the banks have no defence.

What they do have is a honed ability to obfuscate, lie, procrastinate and generally bamboozle anyone they want to get money from.

You be surprised just how much the defence would say if it was converted into plain English.

Presumably you received Ms Burgoyne's over-used template where she waxes lyrical about pretty much nothing really when it comes down to it... oh yes, don't forget how much she loves to use the expression "without prejudice".

dori2o

Taking HFC to court over charges on a finance agreement.

This is the banks defence:

DEFENCE

1. The Claimant's account is governed by the Defendants personal and/or business banking terms and conditions.

2. Persuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for it's services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

3. The defendant denies that the charges applied to the Claimants account amount to penalties at common law and/or unfair contract terms for the purpose of the UTCCR 1999

4. The charges appled to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCR's are not applicable to them; alternatively, they are not unfar contrary to the UTCCR's. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

It is point 2 that is baffling as they go on about overdraft fees, but as I said, this is a HP agreement, not a bank account, so there is no overdraft.

Is this a mess up on their part? Can I take advantage of this?

Any help appreciated.

MattM_4

Hello, i need a little advice on a natwest claim for my father.

I have been successfull in claiming without it going this far but my father has today recieved a copy of the defence from natwest solicitors and we need to know what to do next.

It also states in the solicitors letter that we have to respond to certain questions they have asked us in the letter, it states "You are asked to provide a response to this request in accordance with CPR Part 18 by 18th May"

We are a little confused on whether we have to actually respond to there solicitors or not,so any help is appreciated on that note.

Also, will this actually go to court now?, iam thinking they are trying what Lloyds TSB did....not turn up and win?

We need a little advice and any help is appreciated.

Thanks
Matt

Edinburghlass_2

In fact you don't need to respond to this part of the letter, hang on and I'll shift your post into the thread regarding this letter.

Kurt_Hamster

As per normal the solicitors are trying to do the laziest job they can. What you have been sent is a template. This of course can be brought up at court (should it get that far). I'm sure the judge won't look kindly on the defence fo not doing what they are supposed to do.

From the bank's perspective they have no intention of appearing at court so it doesn't really matter what defence they send in.

MattM_4

Thanks...;)

I was looking for this thread but had trouble finding it...

I Know now i dont need to reply...but shall i follow the post you quoted from martin on page 9?

Matt

Edinburghlass_2

Yes.....

Stephen_Leak

Can you actually apply to have a cr*p defence like this dismissed, like they would try to do if we screwed up the claim (ie. no mention of the amount involved)?

windsor1234

Hi

I have gone really far along the road of reclaiming my charges (letters and on line court moneyclaim) and I am at the point where I have handed in my claim form to our local mags court and I am now waiting to see what happens. I have recieved a letter from DG solicitors acting on behalf of HSBC and I am not sure if I should act on it or not. I could really do with some adivce please on what I should do, thanks.
This is what the letter says,

'Our client has passed to us the claim form which you have issued, detalied above, In order that we may investigate your claim with our client we shall be pleased if you will provide us with a fully itemised breakdown of the amount claimed within your claim form. In this respect, and by way of example of the information we are seeking, we reqiure an itemised list of the date of the charge, description of the charge and value of the charge together with a note of the interest, if any you have claimed. At this juncture we are unable to address your claim without the information sought and which will serve to delay any potentail resolution of this matter.'


I don't know if it will be in my favour to sent them this information or not but I suspect not as they are acting on behalf of the bank,
Thanks in advance for any help!

cnoelj

This has been discussed before elsewhere on this forum with a personal response from Martin. His advise was to provide the information asked for but to state in your letter that you are suprised that this information was not provided by their client. It always works in your favour to be cooperative and to provide everything asked for. Let the banks and their legal advisors play their games, if we play straight we can't lose.