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

los_lobos

Okay so i had to get legal on there asses and sent my claim through the money claim website, they waited then acknowledged and gained a further 28 days, they have now sent documents from their soilictors requesting further information and clarification, in particular why i think the charges are excessive, a list of these charges (these where already sent to the bank) and to EXPLAIN/PROVE, The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999,and other legal facts, Please help

Beate

Send the list of charges even though you sent it before and ignore the rest. These kinds of requests (they probably mentioned CPR18 or the like) are only for the judge to ask and considered intimidatory if asked by the bank. There is a thread somewhere called "Letters from solicitors/bank during claim" or similar, check it out for what best to write back to the solicitors (i.e. politely telling them that you are not answering their questions).

Beate

I looked it up, the thread is here:
http://forums.moneysavingexpert.com/showthread.html?t=391640

Check out for post 35 on page 2 for a nice reply to a CPR18 request, if this is what your letter from the solicitor says.

Finarwen

Thank you very much for your help.
Just a quick question....if i were to just send the solicitor a copy of the charges i sent to Natwest in the first place would that be ok?
Thanks again for all your help,
Finarwen:p

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

Yes, you can send or fax it and I would just add the bit bolded from Martin's post

teryl_2

Hi There, Can anyone advise me? I've filled out the court questionaire as guided by the forum link, handed it in to the court and paid the fee of £100. They told me I would get instructions from the court in due course. Got a letter from Abbey with copy of there copleted and filed questionaire, also attached is a draft order for directions. 1. The claimant sheall within 28days of this order send to the defendant and the court a)A schedule setting out each charge repayment of which is sought, showing the date, amount and reason for that charge being made etc. This came from Abbey, should I respon to this , or wait to hear from the court? Abbey also ticked the box for a stay of 1 month to try to negotiate. I ticked the box for no stay .Am at a bit of a loss of what do do next . Also really worried about going to court and what to expect next. (what evidence to get together ). HELP!!!

xlesleyann

You wait until you hear from the court.

The only documents you really need are the ones which you would have handed in to court showing the dates and amounts of the charges.

The only time you would respond to Abbey is if they offer you a full settlement and then you dont tell the court until you actually have the money in your hand.

teryl_2

Thanks ever so much xlesleyann. That has put me at ease for a while Regards Teryl

completely_puggled_2007

Currently in the midst of the Court process to reclaim charges of £962 (inc interest) from Lloyds. Received Notice of Allocation to Small Claims Track (hearing) on 8th August at Hartlepool County Court.

I also received the same day a letter from Sechiari, Clark & Mitchell that Lloyds (of course without prejucide), are minded to enter into settlement negotiations (wohoy), but there is a discrepancy in what I am seeking by way of refund of bank charges. They have requested 5 points, each of which I wish some advice upon before I respond. I have put in italics what I think should be said and where advice is needed please:

1. Each and every individual charge you are claiming and disputing

2. The date of each and every charge you say was deducted
(self explanatory, will attach my template, which includes interest)

3. How you calculate any interest
(under the County Courts Act, I am entitled to interest of 8% per annum from the date I was deprived of the money - however, the claim was issued on the 4 June, which means between then and now, i should of accrued more interest and the sum would be different. Should I again use Martin's template to recalculate my interest, or leave this sum as is? HELP!)

4. How you calculate the sum of £962
(Again, self explanatory, but how I answer this depends on the answer to the above question!)
5. Confirm back account and sort code

I'd be grateful for some advice. I have read on the CAG website somewhere this point was raised...

gab55

Hi

I received this exact letter at the begining of May, I sent back as you have rightly said, copy of original costing of charges with dates, how we reached the interest of 8% but didn't add on any extra interest, only to the date of original request. Confirmed all other details etc.
I think it is a straight forward request, not trying to catch you out.
We till haven't heard anything back from this and still got court date for 3/8.
Spoke to SCAM and they just collect info for Lloyds at their request and only act on this again if file is returned to SCAM and they want to settle!!!!!!!

Gabie