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

irishdog

I have a similar problem as you again this is with Nat West, I feel I have sent in all relevant documnets as specified, the solicitors anr referring to the Limitation Act of 1980 and or the doctrine of laches, I NEED HELP. The Defendant is also embarrassed by the lack of particularity pleased in the Particulars of the Claim to the extent that the etc etc., its baffling me. Do you think the Citezens Advice Bureau could help

Tozer

References to the Limitation Act are probably because you have claimed charges from more than 6 years. To be honest, this is something that all claimants have to bear in mind - you start a legal process and you have to comply with the rules.

CPR is simply Civil Procedure Rules - available online. Don't worry too much about that - they are probably deliberately trying to baffle.

Regarding the question about which clause the bank charges were charged under - simply say "It is not for the Claimant to advise the Defendants as to the relevant provision in the contract which it drafted. The Defendants should detail the relevant provision themselves"

Very unlikely that they will have the claim struck out. The Court MAY issue an "unless" order stating that unless you reply to the request within 14 days then the claim will be struck out.

Easy_Eddie

Thanks. I think its the big boys act trying to confuse us with their jargon. Unless I hear otherwise I'm just going to post them the original letter I sent them and see what happens. Does anyone know the timescales involved when a bank puts in a defence i.e. how long before a hearing date?

Easy_Eddie

Thanks Tozer, thats really helpful.

Easy_Eddie

Natwest have just lodged a defence to my claim. Their solicitor sent me a not too easy to understand form to fill in and post back to them. When I called Moneyclaim they advised I could reply to this entirely at my own discretion. If you get one of these jargon filled questionnaires just post them the original letter with details of your charges and tell them this should suffice. Hope this helps.

concerned_claimant

Hi I am trying to claim back charges from hsbc. I received a letter yesterday saying that my claim has been sent to my local county court. Enclosed was a copy of hsbcs defence. There was not an allocation questionnaire enclosed.
Today I have received a letter from hsbcs solicitors D & G and they have requested the following:

"Our client has passed to us the claim form which you have issued, detailed above. In order that we may investigate your claim with our client we shall be pleased if you will provide us with a fully itemised breakdown of the amount claimed within the claim form. In this respect, and by way of example of the information we are seeking, we require an itemised list of the date of the charge, description of the charge and value of the charge together with a note of the interest, if any, you have claimed. At this juncture we are unable to address your claim without the information sought and which will serve to delay any potential resolution of this matter."
I assumed the information they are requesting would have been given to them by hsbc! Do i just send them the information they have requested?
Any advice would be greatly appreciated.

System

concerned_claimant wrote: »

Hi I am trying to claim back charges from hsbc. I received a letter yesterday saying that my claim has been sent to my local county court. Enclosed was a copy of hsbcs defence. There was not an allocation questionnaire enclosed.
Today I have received a letter from hsbcs solicitors D & G and they have requested the following:

"Our client has passed to us the claim form which you have issued, detailed above. In order that we may investigate your claim with our client we shall be pleased if you will provide us with a fully itemised breakdown of the amount claimed within the claim form. In this respect, and by way of example of the information we are seeking, we require an itemised list of the date of the charge, description of the charge and value of the charge together with a note of the interest, if any, you have claimed. At this juncture we are unable to address your claim without the information sought and which will serve to delay any potential resolution of this matter."
I assumed the information they are requesting would have been given to them by hsbc! Do i just send them the information they have requested?
Any advice would be greatly appreciated.

Yes, just send them the info, it can't harm as you probably have it saved on your computer anyway.

It's always good as far as possible to fully co-operate with the bank and / or their solicitors, then they can't claim that you have been obstructive etc.

However, don't be intimidated by them if they start to use legal language or terminology and if they request info that seems uneccessary or excessive, investigate whether you are obliged to supply it.

Good luck with your claim.

Regards
UNDERGROUND

chuckles1066

UNDERGROUND wrote: »

Yes, just send them the info, it can't harm as you probably have it saved on your computer anyway.

It's always good as far as possible to fully co-operate with the bank and / or their solicitors, then they can't claim that you have been obstructive etc.

However, don't be intimidated by them if they start to use legal language or terminology and if they request info that seems uneccessary or excessive, investigate whether you are obliged to supply it.

Good luck with your claim.

Regards
UNDERGROUND

Yep, Civil Procedure Rule Part 1, paragraph 1.3: "The parties are required to help the court to further the overriding objective"

i.e do everything you're asked to do by the Defence otherwise they will make capital out of your failure to adhere to the said Rule at your Hearing.

Catster2007

Hi,
Please could someone help?
I have been following the advice on this website for some time and have progressed my claim to the court stage.
I previously received notification that Natwest would defend and today a letter has come from a Solicitor acting for them asking for lots of information.

I am really confused by the legal jargon used. I know they want the details relating to the charges but they are also asking for lots of information around the following 3 points of my claim:
- defendant applied numerous default charges to the Claimants bank account
-the charges are an unlawful, extravagent penalty
- contrary to the Unfair Terms in Consumer Contracts Regulation.

I am requesting roughly £2100 back plus interest, making a total of about £2700.

What should I do now?? Has anyone else been asked for this?

Thanks in advance for any help given.

chuckles1066

Catster2007 wrote: »

Hi,
Please could someone help?
I have been following the advice on this website for some time and have progressed my claim to the court stage.
I previously received notification that Natwest would defend and today a letter has come from a Solicitor acting for them asking for lots of information.

I am really confused by the legal jargon used. I know they want the details relating to the charges but they are also asking for lots of information around the following 3 points of my claim:
- defendant applied numerous default charges to the Claimants bank account
-the charges are an unlawful, extravagent penalty
- contrary to the Unfair Terms in Consumer Contracts Regulation.

I am requesting roughly £2100 back plus interest, making a total of about £2700.

What should I do now?? Has anyone else been asked for this?

Thanks in advance for any help given.

They're merely asking you to substantiate in more detail your claim.

Perfectly fair.

You didn't believe that it would be as simple as filling out a template on a website and sitting back and waiting for the money to roll in?

Did you?