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

Kurt_Hamster

You don't have to do anything now, that's what the court hearing is for. You put in your claim, they put in a defence, then you both argue it out in front of the judge.

You'll get an AQ next (or a letter informing you it's been dispensed with). Fill that in within 14 days, enclose the fee. Soon after you send in your witness statement, and at this point you should be getting your court bundle ready only to find out that after all the work you've done the bank will put in an offer as they realise you aren't going to be one of the many who falls by the wayside.

jonathanlaurence28

I am currently trying to get 1900 pounds back of Natwest. They have offerred me 1500 pounds, but i proceeded with court action and they have now entered a defence. Cobbetts court are now asking me for a lot of information, such as the invividual bank charges,(which i already provided the money claim online court) and they are also asking me to tell them what the charges are for. They have used quite a lot of jargon in their defence, and i am unsure of what to do next. can you offer any advice?

doog_2

Thanks for the advice that CPR 18 is not relevant on small claims track.
Does this mean that i do not have to reply to any of the banks requests for more info and confirmation.

Kurt_Hamster

Technically you don't have to, but I'd recommend that you do if only to show the judge that you aren't being awkward.

Having said that you don't have to actually answer their questions when you reply. Telling them something along the lines of their letter seems to be interrogatory and the hearing is the time for you to answer these questions if asked. Remind them that you've already supplied a listing of the charges you are claiming for and your court bundle will contain all relevant statutes and so forth.

dottyb17

I recently started court proceedings against HSBC. The court date has not been set yet.

I received a letter the other day from their solicitors asking for a breakdown of the charges along with hard 'evidence' of this (I'm guessing they want statements etc.)

My gripe is that I had to apply through the Data Protection Act for that information then supplied this information to HSBC on 2 occassions previously including a full breakdown on the first letter and the 2nd.

Why do I have to supply this again? I don't wanna do just because they are playing funny B*ggers!

Do I HAVE to send this?

Cheers

Kurt_Hamster

No you don't. For two reasons.

1) The rules of disclosure don't apply to small claims proceedings.

2) They already have what they are asking for (you did supply a listing of all charges and their description when you issued the claim didn't you?)

The statements you have that have the relevant charges on will be required eventually as part of your court bundle and at the time it is submitted they will get their copy.

You don't have to send them anything other than a listing at this stage.

doog_2

Being new to this i am not sure what court bundle is.Is it just the required paper work the court will require.

Edinburghlass_2

You'll find the thread about the Court Bundle here...

http://forums.moneysavingexpert.com/showthread.html?t=405277

tipples_2

I have a claimed £4,816.78 for bank charges on a business account and went through all the recommended letters, and initially didn't hear anything so I filed the claim with the court, I then received a letter from Natwest offering 50% as a goodwill gesture which we declined but asked up their offer and we would reconsider - we didn't have a reply so continued with the claim against them. Today I have received a "Defence to our claim and Request for further information and Clarification" from their solicitors which is typically in 'legal language' Is there a free legal service that can help to translate this defence and request for further information so that we know exactly what is required?! Or should we just accept the 50% and run away?!

Bewitched2761

Tipples you could go to cag and start your own thread there if you read through there help reclaiming bank charges they have a section on business expenses and they have a huge amount of legal stuff which may help. I wouldnt run away a banks defence is there to scare! theyve already offered 50% so take heart and go for the lot