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

vanessa123

this is identical to what happened in my case, don't be fooled even if you don't send the documentation you ask for they can still file a defence, and will.........they did it to me on the final day of the moneyclaim.
i tried to contact the number on the letter to speak to the solicitor, but just got her voicemail so i left a message to call me back as i was going to tell her to get it from her client as i had sent them all the details......that was 3 days ago and still nothing from her, so now i don't feel that important in the grand scheme of things.
i refer to my previous posting earlier today with news on a new approach to the courts whereby the bank should hopefully get told to go forth as the courts are getting increasingly fed up with the banks time wasting......
:cool:

Edinburghlass_2

The banks have already filed a defence and that is why they or their solicitors are sending out these letters to find out what your defence is to prepare for court, this is standard procedure.

_Ian__2

Thank you to everyone who replied :beer:

This morning, I received another letter from Abbey stating:

I'm sorry you are unhappy with the charges and I understand you would like these refunded. Although the charges were correct, as a gesture of goodwill, I am happy to cancel £50, this amount is to cover charges not yet debited to your account. Your account will be updated within the next 10 working days

I'm sorry to appear stupid/confused, but I read this as they're going to refund my £50 court charges if I drop my claim for the £366 that they claimed in charges, as I have not received any charges on my account since 24 November 2005. Am I reading it correctly? If so, I find their offer nothing short of insulting.

Can anyone help please?

Thank you

Edinburghlass_2

Sounds like a crossed letter just offering a goodwill gesture in line with the amount you are claiming. Just ignore but as they will credit your account with this money remember you will need to take it into account at a later stage.

spannerman51

HELP PLEASE,

I am quite far down the reclaiming bank charges process and have taken the bank to court through moneyclaim. Nat West submitted an acknowledgement and today was there last day to register a defence. I thought everything was going to plan till the postman arrived. The bank has employed the services of a solicitor and they have submitted a defence and a request for further information and clarification. I do not have any legal background and therefore am absolutely baffled by the letter as it's full of technical jargon. I am going to post a summary of the contents of there request and hope that someone can help me. I do not want to lose now and need you to tell me whether i now need to employ the services of a solicitor or whether this is just another scary stalling tactic, once again Pleeeeeease Help me.
Below is the contents of the request for further information and clarification:-
The solicitor is asking me to:- Please provide the following particulars in support of your claim
To what account(s) (giving details of the account name, number and sort code) were the charges applied
In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and (c) the reason(s) given for charging of the same
In relation to each charge, please clarify the following; (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimnat that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant's case

In your claim you state that "the charges are an unlawful, extravagant penalty"
Please provide the following particulars in support of your claim:
Please specify the clause(s) pursuant to which the charges were applied;
Please specify whether the charges applied were due to a breach of contract by the claimant;
Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contact) that the charge related to
In your claim you state that the charges "constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999"
Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the Claiimant alleges are invalid by reference to the Regulations.


I hope someone out there knows the best way for me to approach this request and i would be extremely grateful for your help. I'm lost!

Edinburghlass_2

As the above posts this is a standard letter from the solicitor, send or fax them the list of your charges but just ignore the rest and don't worry about it.

spannerman51

wrote:

Thank you very much i am very nervous at this and couldn't see that everyone else seems to be having the same problems. I thought they were just after me!!!!

cookebuild

Hi, could anyone offer any advice - sent template letters to RBS for charges for £13,617.08 inc interest. They offered me £9000,00 as a 'goodwill gesture' so I refused as the extra 4k would make a huge financial difference to us.
I went through moneyclaim online and at the last minute they have put in a defence. I have just had a letter from their solicitors saying that I have gone further back than six years (which I havn,t) and that I havn,t given any facts indicating what the claim is about (which is in the template letters) and is incoherant.
They are inviting me to remedy the above and if I don,t in the next 14 days they will apply to the court for an order striking out the particulars of the claim.
The template letters were sent with a full list of each individual charge, no more than six years and not for any standard account charges.
Should i send a copy of these letters to their solicitors and just wait for the form to come from the court ?
Not really sure how to proceed now and is it wiser to instruct a solicitor to act on my behalf now ?

Any advice would be greatly appreciated

BeckandBryn_2

Hi
After sending 2 letters to Lloyds Tsb with no suitable reply, I went along to my local court and filed a small claim for £634.00. They had 2 weeks to respond from the day of the court serving the claim and they entered a defence in the last day! Anyway Ive just recieved the defence statement from the court and its from a solicitors in Brighton, I live in stoke-on-trent? Anyway they have a couple of pages with bullet points basically saying that I knew about the charges when I opened the account, If the account had been kept in credit I wouldnt have been charged, there is no breach of contract, The charges are fair and reasonable, and it is denied that they are unlawful and at the end it says, The claimants claim is denied in its entirity. It is further denied that the claimaint is entitled to the sum claimed or to any sum from thge bank.
Does this sound like a standard defence?
Also the bank has kindly taken another £105 of charges out of my account this morning! What can I do about this?
Pleasehelp guys
Many many thanks
Becky x

Easy_Eddie

I am in the final part of reclaiming bank charges from Natwest. I have felt that they've delayed as much as possible. I put in my court claim and they have lodged a defence. I have recieved a "Request for Further Information and Clarification" from their solicitors "served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2". I am finding this form difficult to complete as they seem to be using legal jargon such as "please specify the clause(s) pursuant to which the charges were applied" and "please identify the contractual provision(s) that the Claimant alleges are invalid by reference". I feel this is pure posturing but they've advised if I don't reply by 14th April then they will apply to the court for an order striking out the claim. I feel I have answered all their requests in my initial letter to them on 15th January 07 where I used the template letter detailing all charges with interest. Therefore do I need to return this letter as they state and if so can I just pop a copy of the above original letter to them. Please help anyone.