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

Marv_uk

Hi all,

Please could anyone help me to understand this correspondence that I received in the post from Lloyds solicitors as follows:

REQUEST FOR FURTHER INFORMATION
We have been instructed to write to you as our Client is, entirely on a without prejudice basis and with no admission whatsoever to liability, minded to enter into settlement negotiations with you but before doing so, we are told that there appears to be a discrepancy in what you are seeking by way of a refund of Bank charges.

We note from your pleadings that you are claiming(alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how. In light of this please provide us with the following information by return; Confirm your sort code and bank account number.

We would be grateful if you would respond within 14 days of the (date at top of letter) so that we may then take our Clients further instructions. In any event, kindly acknowledge safe receipt of this letter.

So my friends to put you in the picture, the above letter from Lloyds solicitors has come after I had proceeded to persue my case in the Northampton court (they left me no choice as they chose to ignore my previous requests of charges refund letters). The court sent my claim to Lloyds on the 21st June 2007 and they had untill 10th July 2007 to reply.

It seems to me that the above letter they have issued via their solicitors is not a defence nor is it an acknowledegment - as it states "request for further information". I am quite bafflled as the miniscule information the solicitors are asking for ("confirm your sort code and bank acc number") was given to Lloyds extremely clearly when I corresponded & included this most basic of info, within my Bank Charges Interest Calculations sheet, which I made sure, was a seperate sheet of paper attached to the previous letters I sent in, by recorded delivery each time too.

Also they say in paragraph 2 of the above letter "We note from your pleadings that you are claiming(alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how". Again my Bank Charges Interest Calculations sheet corresponded to Lloyds was extremely clear detailing the account sort code & account number, statement sheet numbers, description of the charges, charge value, the date of the charges, the interest as calculated correctly, & finally the total!

I would appreciate any help you can offer as I'm not sure if this is an acknowledgement or just another pathetic delay tactic? Shall I just ignore the letter if it is not a relevant item at this stage of my claim? Again any advice you can offer to me will be greatly appreciated, thankyou in advance.

Marv_uk

Beate

Of course it's all BS, but they ask for it so give it to them. Just send your list of charges and other requested info again, they did that to us, we sent a polite letter where we said we were surprised that their Client hadn't given them this information as it was provided before, and hey presto, they defended and sent us a letter offering the full amount at the same time.

anna_h

Hello Everyone ... this is new to me so forgive any faux pas! I have gone as far as issuing in Small Claims and Nat West Solicitors have written back with a Defence and then a separate document - a Request For Further Info and Clarification. I supplied the calculations with my claim but they are now asking that I send them this document and also require me to list the reasons given by the bank for these charges and I must (for each of the reasons) give reasons why should not have been charged (b) or not at this amount (c) how much should have been charged and state my case for each!

I also have to 'identify the regulations of the Unfair Terms in Consumer Contract Regulations 1999 in alleging that the contractual provisions referred to are unenforceable.

I only have till Monday 16th to respond. Although I started this as an online claim the Court Site says I can't go further on the site ..... who do I send all this info to? Direct to Nat West Solicitors? :eek:

sunshine445

Hi anna,

I am in the same position as you - not only new to forums but also have just received today same documentation from Cobbetts as you and trying to find my way around it.

firstly I can explain why you have received this - we both made the same mistake and did not send separately the schedule of charges to Northampton County court and also to the bank's solicitors. This is not clear on the site.

I am hoping somebody will then assist us further. I have until 17th July to respond. I am claiming £4,625.00 plus interest of £923.00. Hopefully they are playing "hard ball" for this reason.

I am proposing to head up a document copying their Defence but calling it Response to Request for Further Information.

1. The Defendant attaches herewith copy Schedule of Charges detailing the particulars required therein. The same was sent to the Defendant Company on (STATE DATE ORIGINAL LETTER WAS SENT AND SECOND LETTER).

I now need help on answering the point on Consumer Contract Regulations and also how much should have been charged. There is a thread somewhere on this and I am off to check this out and will come back to you.

Hope this helps

Edinburghlass_2

MSE_Martin wrote: »

I agree with most of the posts as the above.

I would send them an e-mail/letter (keep a copy whichever) which simply lays out

A. The fact you have already detailed the charges - including the date of the letter you sent with the charges in and that you are concerned they are dealing with this case without having kept the paperwork.

but

B. To confirm them I enclose them here.

Then detail the charges

There is nothing to lose by resending the same information as you have previously sent.

Martin

Please read the posts on this thread, you do not have to respond to this letter from the solicitor, it can be seen as intimidation.

If you receive a letter such as this from the court then yes you have to send them the information but the solicitor already has this information.

darren1sttarget

hi all ,have also received letter from cobbetts saying they have filed a defence on behalf of natwest for my claim,they say "" the defendant is embarrassed by the lack of particularity pleaded in the particlars of the claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant . they then invite me to remedy the above. within 14 days or the defendant will apply to the court for an order striking out the particulars of the claim. help please!

Jeedo

Hi

Halifax have filed the following defence to my claim...

1. The claimant states that the Defendant has applied numerous charges to the Claimants account, but the Claimant has failed to specify the accout details.

2. The defendant has ben unable to establish which account the Claimant's claim refers to as the Defendant does not hold any record for the Claimant at the address stated on the Claim form.

3. On the basis of the matters pleased above the defendant denies that it is liable to the Claimant for the sum of £1,056.27, or any other sum, and the Claimant is put to stricts proof of the same.

4. The defendant reserves the right to plead further to the Claimant's claim if further particulars of claim are provided.

Can anybody help me with what to do next? I need to get my account details registered but I really don't know how to proceed.

Any advice will be appreciated. Thanks.

mo1_2

did you sen a scedule of charges with your claim?and have yhou changed your address?

Jeedo

When I sent them letters in step 3 & 4 I had included the list of charges but when I completed the online claim form at the Moneyclaim website I didn't include them.

I believed that Halifax had my correct address details but I had been using a paper free service of theirs. I will make sure to correct this with them asap.

Looking at my moneyclaim form there are no details of my account so I think I need to update the claim with them. Does this affect my right to claim?

Do I need to contact the court authorities and get provide details of my account or should I contact the Defendant's solicitor?

Thanks in advance, I wouldn't want to go this far and loose on a technicality.

darren1sttarget

good news, the day after i got this letter, i phoned cobbetts ,they said they needed a detailed schedule of the charges,i faxed the schedule to them right away ,and told them i was sending a copy to the court where the case was to be heard, the day after that i received an offer from the bank for settlement for £2400, my original claim was for £2700. i dont know if it was because i sent them the details or just coincidence! keep up the fight good luck