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They are defending my claim

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  • csingleton
    csingleton Posts: 32 Forumite
    I have applied to the courts for my charges, and Abbey's lawyers Paralegal and acknowledged the claim and intent to defend ALL of the claim.

    Is this normal? What do you think will happen now?
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    csingleton wrote: »
    I have applied to the courts for my charges, and Abbey's lawyers Paralegal and acknowledged the claim and intent to defend ALL of the claim.

    Is this normal? What do you think will happen now?

    It happens a lot of the time yes.
    Have you read the 'sticky' threads about claiming through MCOL, dealing with solicitors letters etc? Lots of information in there

    Pam
  • 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.

    Good afternoon

    I have been trying to claim my bank charges back (started in November 2006!). Finally I am now at the last stages (I think!). Barclays defended my claim and MCOL sent my file to my local court. I am now waiting for my court to send me a court date or an allocation questionnaire. Do you know how long this will usually take? I have been waiting about 3 weeks now and have not heard anything.

    Best wishes,

    Icecream
  • Hi

    i have just got back a defence letter from moneyclame, and Abbey has put in a defence and said that i have signed for it etc, please help what do i do now? will i need to fill out a form to go to court? i don't even know what i'm talking about in court?

    help x
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    frugalpam wrote: »
    It happens a lot of the time yes.
    Have you read the 'sticky' threads about claiming through MCOL, dealing with solicitors letters etc? Lots of information in there

    Pam

    As Pam says above you need to start reading up on everything while you wait to hear from the court as to either a court date or further information they may want.
  • madmike_3
    madmike_3 Posts: 5 Forumite
    I too have just checked with MCOL and found that HSBC are defending my claim. does this mean that this whole situation will drag on for about 50 years, their solicitor/ legal adviser / person in charge etc is on holliday/ill/ at a funeral/ doctors/dentist/another court/another country?

    Dates on these are strange too. acknowledgement issued 1/5/07 but defence issused 27/04/04????????

    Any idead folks

    Mike
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sammybea wrote: »
    Hi

    i have just got back a defence letter from moneyclame, and Abbey has put in a defence and said that i have signed for it etc, please help what do i do now? will i need to fill out a form to go to court? i don't even know what i'm talking about in court?

    help x

    Hi - you really need to do some reading up in case it reaches court - even if the bank doesn't turn up to defend (which is likely), you may be asked questions by a Judge. There have been a couple of cases with Lloyds Bank recently where the banks won because, even though the banks didn't show up in court, the claimants hadn't done their homework.
    For starters, read these threads:-

    Reclaim bank charges
    MCOL

    plus this one that answers questions on solicitors letters etc that you may receive during the MCOL process.
    When you've read up, come back to ask questions on anything you didn't understand.

    Good luck
    Pam
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    icecream1 wrote: »
    Good afternoon

    I have been trying to claim my bank charges back (started in November 2006!). Finally I am now at the last stages (I think!). Barclays defended my claim and MCOL sent my file to my local court. I am now waiting for my court to send me a court date or an allocation questionnaire. Do you know how long this will usually take? I have been waiting about 3 weeks now and have not heard anything.

    Best wishes,

    Icecream

    Hi - I'm in the same situation with Natwest, although my Court told me they have dispensed with the allocation questionnaire. I rang the local Court to find out when my case might come up - I was told there was a huge backlog, and it could be 2-3 months. Might be worth checking with yours. You will get paperwork from the Court though, if you haven't done so already - I got a copy of Natwest's defence plus the request for additional information (CPR 18). If you've had no contact from your local Court, they should be able to track down your case if you quote the number of your claim.

    Pam
  • maz1411
    maz1411 Posts: 97 Forumite
    Part of the Furniture Combo Breaker
    HI
    I too have been notified that hsbc are defending my claim. I was hoping to get this sorted quickly as I am desperate for the money.
    will it really take 2 -3 months? I'm not sure that my nerves can take anymore!
    Maz
  • Gashman
    Gashman Posts: 10 Forumite
    The Halifax defended my claim, with the standard 28 days to put the case together.
    In between i receved a letter saying that their charges were fine and that they were justified.

    Anyway, on Saturday i receved another letter stating that it would cost the Halifax too much money to defend the claim so they paid the full amount plus interest into my bank without admitting liability.

    So the advice is to stick with it. Follow the guidelines and don't be put off with the bullish approach from the banks.

    Hope this helps.
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