They are defending my claim

neilhari

Hello!

Yesterday i recieved the banks defence and also the court transfer. My Allocation questionaire has been dispensed.

The questionnaire has been dispensed with as the Judges now feel that it is time wasted as all are coming back with the same details. They were charging £100 fee for you to send back the questionnaire. This is nothing to worry about and is in fact a bonus as it is a way of speeding up the claim.

I am now waiting to hear from my court (Mold) I rang them yesterday and was advised that if i will be wanting to continue with my claim knowing that the Bank is defending the case after i receive there letter i should send back there form with a fee of £100 (which you will be awarded back) and they will allocate a court date which at Mold is currently approx 8 week wait.

Now this is where i ask a question.. after reading through some of these threads i have picked up that the banks are starting to ask that the claims be thrown out of court due to "insufficient particulars" (meaning that everybody's claims are exactly the same as we are all copying and pasting the same things) .
Is it correct that it is advised that i should now apply to have my claim amended and go into details about my claim? ( £35 fee that can not be awarded back).
Or should i just write another letter to the courts with copies of any infomation that i would be relying on in court. (for example the letter Lloyds wrote offering me £750. That they put into my bank without my agreement)

Or are neither of these nessersary?

Finding all this quite exciting and am determined not to let the bank stress me out over all this! Good luck to everyone.

flyby_2

Hi can anyone advise.
I started my claim with the Abbey National on the 24th feb,up to about 4 weeks ago all i got where letters parming me of saying they need more time to investigate.Patience run out so i made my claim through;Money Claim Online,just before the fourteen days were up they put in a acknowledgement of service which gave them another fourteen days!Today i have received from them there defence denying all the charges and saying they are fair!!!I prosume now i will be going to court with them,a little worried now,has anyone been in a similar situation,please help...

Gilly62_2

hi flyby
i am in the same position, i have just received a letter this morning telling me they are going to investigate my complaint and it may take up to four weeks.
they owem me two and a half grand and i want it back so i will take them all the way. keep in touch and perhaps we can encourage each other
best wishes
Gilly
PS
ANY ADVICE FROM ANYONE ON WHAT WE SHOULD DO NEXT WOULD BE GRATEFUL

Ceebens

I have received my Acknowledgment of Service reply this morning.It seems to be the norm now.
Interested in the next step it seems to be the opinion that we should send copies of charges etc to the court and Banks solicitor.
Is this correct?

Kurt_Hamster

Ceebens wrote: »

I have received my Acknowledgment of Service reply this morning.It seems to be the norm now.
Interested in the next step it seems to be the opinion that we should send copies of charges etc to the court and Banks solicitor.
Is this correct?

If it's only the AoS you've received you don't have to do anything yet other than wait for them to submit their defence.

As regards your schedule of charges, you should have already handed that in with your claim.

Kurt_Hamster

Gilly62 wrote: »

hi flyby
i am in the same position, i have just received a letter this morning telling me they are going to investigate my complaint and it may take up to four weeks.
they owem me two and a half grand and i want it back so i will take them all the way. keep in touch and perhaps we can encourage each other
best wishes
Gilly
PS
ANY ADVICE FROM ANYONE ON WHAT WE SHOULD DO NEXT WOULD BE GRATEFUL

The best advice would be to read this thread, http://forums.moneysavingexpert.com/showthread.html?t=400981

It has the answer to your frequently asked question.

tillyfloss07

Help! i issued proceedings against Natwest for 2700 on the last day their solicitor entered a defence, ive received a copy by post last week they hve given me until the 31st to respond tot he defence which is pages and pages of questions and legal points - i dont know where to start, but i haven't received anything from the court like an allocation questionnaire etc - what do i do next?

do i just write a letter to them answering their points in the defence or is their a particular form i should use?

i would be grateful of any help you can give thanks so much

tilly

Stephen_Leak

Firstly, don't panic! The bank does have every right to defend your claim against them. However, the legal jargon their solicitors use is designed to intimidate you into giving up. Post the text of the defence here and someone will be along to translate it and advise what action is needed.

A lot of courts aren't using the Allocation Questionnaire any more, as they now know what these cases usually involve, how long they usually take and that the bank’s solicitors usually don't turn up.

The next step is to start getting your court bundle up together. This is basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you might need some other more legal documents, but we can tell you what you need and where to find them.

One set of copies will be waste paper, because the bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how much (or how little) it does cost them to automatically administer a late payment, overdraft, etc.

Please read the Reclaim Bank Charges Help thread.

Edinburghlass_2

The next step is not a court bundle as you don't even have a court date yet.

Send off the longer version of your POC, you'll find this in the Reclaim Help Thread along with a copy of your list of charges to the court and the bank's solicitor and wait to hear from the court as to a court date and/or further directions.

philharry24

i filed my claim online with mcol but me being stupid as i am put too much interest on the claim which was then sent to natwest i then got in touch with mcol who me to fill in an n1 and n244 which i duly did and then sent it off sat am with the £35 cheque 10 mins later letter back from mcol and cobbetts saying they will defend the whole claim even with the wrong ammount on it what should i expect next any help much appreciated