They are defending my claim

frugalpam

Gashman wrote: »

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.

I'd agree there - don't be put off by the solicitors/banks letters. I just think they're trying to call our bluff and hope we'll back out. I just wish I knew why they are paying out some claims immediately, some days before the court hearing, and sometimes actually letting it be heard in court.
I'm reading up on it all here and at the CAG - if I have to get to court, then I want to be prepared fully for it. Actually, given half a chance I'll bore for England on how Natwest have intimidated and bullied me over the years

Pam

Mandy1980_2

Hi

My boyfriends bank have filed a defence through cobbets. They are asking for a list of charges and i dont understand what else i need to send? Have had no forms from the courts though?..... Please can someone help!

Thanx

Edinburghlass_2

I'm assuming you mean you have had a letter from Cobbetts in which case have a read of this thread as to what you need to send.

http://forums.moneysavingexpert.com/showthread.html?t=391640&page=6

jorvik

Hi people, i was wondering if anyone here can answer this query

Story so far, i am reclaiming bank charges from my current account to the amount of 640 pounds. I have followed the timelines and instructions from this site to the letter, and HSBC have done everything martin said they would without fail.

Now, im at the stage where MCOL tells me that HSBC have filed a defence, however that was over 10 days ago and so far i have heard nothing else.

So, what next?

Will i receive something in the post ie: the questionaire i've read about? Is there a time limit for HSBC to actually send something to me? Will i win by default if i hear nothing?

I'm sure the info im seeking is on this site but it seems a bit sketchy about the stage im now at

If anyone can advise i'd be gratefull, i've come so far with this and i dont want to let the hong kong shanghai bar-stewards off with anything.

many thanks in advance

pcg_2

My claim has been sent to my local court but I have not sent 2 copies of charges schedule or interest calculations to northampton , was unaware I had to do this. How should I proceed now?


since u've used the MCOL the case is automatically sent to northampton county court and then usually transfered to your local court, when the banks then put in a defence you will receive the defence papers from your local court and usually from the bank as a matter of courtesy then sometime after you will be sent a allocation questionare to fill in.........when the court said you then had to put your defence in is wrong, the bank have to defend not you cause you'r the claimant (maybe he/she was abit stressed)

i take it that after you completed the MCOL you then sent 2 copies of your charges schedule and interest calculations to northampton with a brief letter with your claim number sayin that you wish these to be filed with your claim?
(bank gets a copy an court gets a copy)

have a look at the timings on MCOL section (near the bottom of the help thread page)

http://forums.moneysavingexpert.com/showthread.html?t=400981

regards[/QUOTE]

SandyC_3

Wragge sent me a 'copy of our clients defence'....
under the heading Charges, point no 20 it states and I quote
'However, without prejudice to the above, the defendant will refund and/or has refunded the claimants account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item'

Point 19.3 relates to the terms not being unreasonable in relation to the banking services in question. ( their words not mine!)

I realise that they are still not able to do this but my question is:

How can they submit a defence containing the phrase 'without prejudice' if anything containing that phrase cannot be presented in court and only referred to?

I have learnt so much through doing all this but am a little confused by this.

BIG thanks to everyone here...you are all keeping me going

Kurt_Hamster

It sounds like there's a backlog at your court. Phone them up and ask them where your Allocation Questionnaire is.

beamo1

hi jorvick


I am also in a fight with hsbc
They said they were going to defend the claim against them .But today i put in a "judgement by default" to the court because neither the bank nor D+G solicitors have contacted me and when i spoke to the bank today they said they had not recieved a defence either
like kurt says keep in contact with the courts and if and when the time comes to go for default they will let u know
hope this helps
steve;)

Lyn0612

i'm also in the same situation with HSBC and DG Solisitors. i have a date for court appearance and been asked to produce statements and documents that i will rely on at the court hearing ! i have posted a thread asking for assistance!!

Edinburghlass_2

frugalpam wrote: »

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

I'll just add to Pam's list of threads to read, this one about AQ being dispensed with....

http://forums.moneysavingexpert.com/showthread.html?t=428733&page=5