Please Help! Bank Intend to Defend on Wednesday!!!

scotlass99

Hi

I've already posted on the Clydesdale Bank forum but no-one has managed to help so I thought i'd open it out to everyone in case they had any advice.

Background:
I'm claiming back charges on behalf of my partner.
I have followed the steps as outlined in Martin's article.
Put in small claim, return date has passed and when I phoned the court they said that the Clydesdale intends to defend the claim in court on WEDNESDAY!!!

My partner is now totally panicking, the reason he left it up to me is because I kinda know what i'm doing (have been successful in claiming from HBOS) so if he has to go to court he won't have a clue what to say (Nor do I I didn't expect it to go this far!)

So, my questions are
1. What does he have to say in court
2. Can I go with him?
3. Have there been instances of banks defending in court?

I really hope someone can help..my fingernails are well and trully chewed!!!

Thanks

Heather

Kurt_Hamster

Have you actually been given a court date, or are you referring to their response to the acknowledgement of service?

scotlass99

No, the court date is Wednesday of this week! That is why I am panicking so much!!

Thanks

Heather

MimiJane

The banks have never turned up yet in court 'cos they have no defence ... their charges are unlawful!

As you've not had this in writing, I find it hard to justify it actually happening .. it will probably be thrown out of court as, if you'd not rung the court, how on earth would you have known about it? Try not to panic ... go through the bank statements with him and identify where he's say gone a few pence overdrawn and been charged silly amounts and make notes.

Were you asked to send a court bundle out to the court and the bank's solicitor? If not, don't worry ... there's little time to copy loads of pages now, so just make sure he has the statements and all correspondence to do with the case. If you have time, there's a copy of the OFT report and other legal stuff on the Consumer Action Group website. A Statement of Evidence would also help (template also on the CAG site), but I wouldn't worry too much about all the legal stuff. The fact is he's been charged unlawfully, the judge knows this and will make allowances for the short notice.

He WILL get his money and probably won't have to say much at all. Good luck and let us know how he gets on ... if it does happen.

money_bags_2

good luck scottlass, dont worry your not on your own

Twinkly

This post shows what happened in court in a claim against against Barclays and is very reassuring about the process.
Top thanks to OP showmethemoney! for her post.
http://forums.moneysavingexpert.com/showthread.html?t=393532

They didnt turn up to defend. Good luck

scotlass99

OMG can't believe it! Last night when I got home OH said he had a letter from Clydesdale...offering charges + interest + expenses!! I was SOOO worried!

Also can't believe they waitied until the last minute to cough up! It seems a wate of the courts time to set aside a date only for, at the last minute, it to be cancelled!!

So anyone scared that their claim might go to court, use me as an example!! You WILL get your charges back!!!

Thanks to everyone who replied, you are all so supportive and kind!!

Heather

Edinburghlass_2

Good news!! I was worried for you with it being the Clydesdale as they have attended court but I didn't want to tell you that. I'm sure the users on the Clydesdale thread will be delighted to hear your news.

brightonman_2

scotlass99 wrote: »

So anyone scared that their claim might go to court, use me as an example!! You WILL get your charges back!!!

Heather

Thank you Heather, that's very reassuring, as I've a feeling my dispute with NatWest might go this far. And congratulations on your success and for seeing it through to the end: a great example to us all. :T

Henry