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

esmerellda

Just send him your full spreadsheet and remind him of the SoLA and that you will argue s.32 for the refund of charges prior to 6 years - probably best to have a read of the statute of limitatios act first so you know what you are talking about

jaxter25

Hi,

I'm just in exactly the same position as you receiving a letter asking me to send in the calculations for the charges (even though they've been sent them 3 times!). I'm hoping that they're just playing for time and hoping that they won't turn up in court with their defence.

Although I have sent them what they asked for so that this doesn't go against me!!

Getting a bit anxious now, but i called the number and sopke to a guy who said that they were inundated with claims and hence things were getting lost! Doesn't inspire much hope for them eh!

So, I'm just going to have to wait and see like you ....:rolleyes:

Pinkypants

einyuk wrote: »

I would send them what they've asked for because you are at court stage and could lose by some technicality due to information requested not forwarded etc.

I received the same letter but have lost/binned it.

As it was sent normal 1st class is there any proof i actually received it?

Pinkypants

To top it all off, I have a telephone call from HSBC today to see if they could provide me with any other services. He then went on to ask about my court hearing and what stage it was up too.

Was this just a cheeky way of finding out my intentions??

Lawrence_P

In all the advise columns I have been reading, it is very rare for the Bank to defend a claim submitted to the small claims court.

My claim was with Barclays for £950 plus a court cost of £80.

I have now received an allocation questionnaire along with Barclays defence of my claim. It has nine seperate points all in their terminology, which has automatically made me feeling like i've done something wrong and this is all going to backfire. Is what they have sent me quite normal?

Do I just proceed?

Have I got to include my statements etc, as one of their points of defense is that I have 'not provided details or particulars of the precise charges alleged to be unlawful, or the date thereof'. I do have dates and charges detailed on my statements, so therefore I do have the details.

Please help, confused

vanessa123

i have received one of those this morning as well and have spent the day reading other peoples answers. it seems this has been going on since last year and it is an attempt to un nerve us.
i intend to stand firm after some deep deliberation and have also found some new info on getting the whole thing thrown out of court......... see the new post next to yours on the forum, i'm still researching but from what i can see they are still paying out and not attending court.
keep your chin up
xxx

Lawrence_P

thanks for that, bit of a novice at the chat thing too!

Bossyboots

Be careful when assuming they have no defence. If you are not sure, post it up here for others to see.

One forum member had done their claim wrong and it gave the bank a technical defence.

You must make very sure that the defence filed is one to intimidate, rather than them having found an error that opens a window for them.

_Ian__2

I recently filed with the small claims court against Abbey, for £366 plus interest. I received a letter from the court on 19th(?) March, saying Abbey had decided to defend the claim & had until 13th April to prepare a defence.

Yesterday, I received a letter from Abbey saying my original letter was with their internal complaints department and they don't have access to it. They have asked me to send them my account number, how much I intend to claim (including interest), and a list of the charges and how interest was calculated, so that they can adequately prepare a defence.

Can anyone tell me if this is normal? I've been advised by a friend (who has just successfully claimed her charges back) that I should ignore the letter as they already have the information.

Any advice would be greatfully received :beer:

Thank you

Edinburghlass_2

Provide the list of charges that they ask for, even though they should already have this. You can send or fax this however ignore any other questions the bank/solicitor may ask in this letter.

The guide to the Allocation Questionnaire is in the Reclaim Help Thread which is linked in my signature.