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

lambsey

I've just recieved a letter from lloyds tsb solicitors stating that there is a discrepancy in what i am seeking by way of bank charges.

They have asked for each and every amount of charge
the date of each and every charge
how i calculate the interest
how i calculate the sum

My question is the bank supplied me with the information in the first place so why dont the solicitors get the information from there client, or is this just a stalling tactic?

also starting to panic at the moment about going to court, should i be worried?

Edinburghlass_2

As the above posts, send them a copy of your list of your charges and ask them why they don't already have this information from their client.

Edinburghlass_2

Jeedo wrote: »

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.

Jeedo, this is the bank's defence for your reference and you don't need to reply to it. Logically thinking, they must have your correct address and details as they are writing to you and presumably the amount they state is the amount you are claiming.

It could be the court will ask you to confirm your details once they receive the bank's defence in which case you should of course confirm with them.

gmozzer

I need to reply to the RBOS solicitor and the judge by friday the following question.

"I your claim you state that the charges are "an unfair penalty under the Unfair terms in consumer contratcs regulations 1999"
please specify all of the facts relied on by the claimant in support of the contentions above, and in paticular please identify the contractual provision(s) that the claimant alleges are invalid by referance to the regulations."

can anyone please help, i quoted the templates on :money: site so have never read the Unfair terms in consumer contracts regs 1999

I may need more help later with the rest of the replies, so many thanks in advance.

gmozzer

i only need the wording that i should put

Haykey1969

These web sites should help
http://www.opsi.gov.uk/si/si1999/19992083.htm

this will give you the whole regulation (whihc you will need to serve) but the bit below is the bit you need.

e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;
you are claiming that the sum charged is not compensation for your breach of contract but a penalty designed to prevent you from going over drwan in the first place.

There are a number of stated cases and this site can explain them
http://www.penaltycharges.co.uk/the_law.php

these should give you enough of a guide to help you serve the right papers.
Hope this helps

nickmack

gmozzer wrote: »

I need to reply to the RBOS solicitor and the judge by friday the following question.

Is the request from the court or the bank solicitor?

gmozzer

its the judge asking, he has given me till friday to respond to RBOS defence and then they get 2 week to repond to that then it goes in front of the judge for directions on the 30/07/07

Finarwen

Hi,
I wonder if anyone can help me?
I am trying to re-claim my bank charges from Natwest. I've gone through the whole process as instructed on the site, have got to the stage of taking them to court, done the online small courts thing and have had a letter back from Natwests solicitors saying they are defending the whole claim and lots of legal jargon that i don't understand but that i have 14 days to respond to the solicitor! What should i do?!?!?!?
Many thanks
Finarwen

Edinburghlass_2

You don't need to respond to the bank's defence but if the solicitor has asked for a list spreadsheet of your charges then send this to them even although they should already have this information from their client, the bank.

You'll find suitable wording for your letter in this thread.