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

kellyn1201

I am sorry for starting a new thread - I have already tried on MCOL and Lloyds threads but keep getting lost under new posts!

I have received the AQ from the court, and have read the guidance on filling it in. However, Lloyds' defence is based on "they are not penalty charges, they are fees for a service" they even state "There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss"

The guide for filling in Section G of the AQ is based on breaches of contract and costs incurred by the bank etc so is this still relevant in light of their defence or is there something else I can use based on their so-called services?

I hope this makes sense!!

kellyn1201

Please anyone?!

Bossyboots

Okay, I looked in here yesterday but didn't post as I thought far more knowledgeable people would help you out. Hopefully there will be more about today than on a Friday night.

However, the first things that occur to me are firstly do you have any old statements or letters that clearly show the charges they have made are charges for breach of contract (bounced direct debits or the like)?

Secondly, are you sure you are reclaiming unlawful bank charges and not other charges which are lawfully applied to your account?

I think Lloyds might just be playing with words in the hope you will back down but you do need to be clear you have been charged penalty charges and now fees to which you have agreed.

I am a bit concerned at their statement that there has been no breach of contract.

kellyn1201

Hi,

Thanks for replying - I was starting to think I was being ignored!!

They are definately all charges, for exceeding overdraft, d/d bouncing etc. On the bottom of my statements it says Notification of Charges!! And they are listed on the statements as charges.

I do agree they are trying to put me off, and they've succeeded in confusing me!! I just want to make sure that my AQ responds accurately to their defence.

kellyn1201

I do have a scanner at home if anyone wanted to take a look at their whole defence - goes on forever so I won't try and type it all up!

kazzadj

Hi, not sure if this will help or not but Natwest sent me an offer last week (full amount less interest) and at the same time said please see enclosed our leaflets which say the charges are for services & NOT penalty charges!

Why would they offer me the full amount if this was the case.

Unfortunately i had days before filled in court claim so couldnt accept... but thats another story.

Good luck.

Edinburghlass_2

Have you read the Allocations Questionnaire thread here...

http://forums.moneysavingexpert.com/showthread.html?t=314558&highlight=allocation

Post 54 by Rex says, do not respond to the defence in the AQ.

http://forums.moneysavingexpert.com/showpost.html?p=4048450&postcount=54

Bossyboots

Edinburghlass knows far more about this than me so have a look at the links and go from there.

Rex is also very knowledgeable so hopefully you will be okay now.

kellyn1201

Thanks Edinburghlass :A , didn't realise there was a whole thread about the AQ, I looked all through MCOL and Lloyds threads! Sorry, will search more thoroughly next time.

Big sigh of relief, thought Lloyds were using me as a test case for a minute! :eek:

kduques

Hello there,

It's been a month since legal proceedings began with natwest for my bank charges. Today I recieved their defence. I don't have the letter with me, and if this is an unusual situation I've found myself in, then I will post all the details tomorrow.. However in their defence they also requested more information. They want me to explain every single unfair charges date, amount, and reason on the statement amongst other things. I am prepared (although annoyed) to do this, but it just seems like the bank wasting even more of my time. Also am I obligated to do this? PLEAASE HELP

kx