They are defending my claim

money_helps123

can anyone help me I am in the process of claiming back from the Abbey my bank charges and they have put in a defence! I am not sure what to do as to how to prepare for court and I am a bit flustered and scared of turning up in a court. Has anyone had to do this if so could you please help me with advice. I keep reading the sucess stories but feel like I am the only one who it has gone this far with

this is the first time I have posted a question I hope I have put it in the right place

thanks

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.

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 little it does cost them to administer a late payment, overdraft, etc.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories thread (again) for inspiration.

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 add this thread to Pam's links of threads for you to read as a number of things can happen now, letter from bank/solicitor or indeed just a court date which will come direct from the court.

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

loopylilly18

Hi I have just heard today that Halifax are intending to defend my claim for unfair bank charges . So far in my claim i have followed all the template letters and was wondering where to get advise on what to do . say or present when this goes to court. All i have found on this is not to go unprepared , but how to be prepared adequately is what i need to know .Can anyone help.

Edinburghlass_2

Best advice is to read all the links in this thread and then you need to wait to hear from the court and/or the bank or their solicitor as to what happens next.

Debs1009

I started this long process way back last November and have got to the stage where I've taken them to court and they have filed a defence. I haven't got a date through as yet but I'm wondering if I should contact them and tell them I am willing to settle out of court. To be honest I've read some stories about the Abbey where they have settled claims within a matter of months and mine just seems to be going on forever. I'm claiming £1800 including in interest.
thank you

jobo1

Hi Debs, I am also taking Abbey to court as I had an account with Cahoot, which I have now closed. Abbey have filed a defense and I am also worried about going to court as I am worried about losing, having to pay costs as I am on Income support and am afull time mum and have a 5mth old son to think about. I'm worried I have taken on too much and am thinking about backing out. I am claiming over £3000 from them which included the interest.
I haven't got a date yet but the case has been transferred to the County Court which is local to me. I don't know if this is a good sign or not! I have written to Martin Lewis for advice so I am hoping to hear from someone in his team if I don't hear from him as he is very busy.

Edinburghlass_2

Have a read through the previous posts in this thread and you'll find that most if not all banks are filing a defence and there are a lot of links to useful threads for you to read up on. You'll find links to other threads in the Reclaim Help Thread which is linked in my signature.

Read Martin's article and you'll find a link to CAG for the court bundle that you will be asked for by the court once you have a court date.

Certainly nothing to stop you writing to the bank again suggesting a figure you will settle for before heading for court.

Basically now, you need to read, read and read again the threads that are dealing with this stage and have a look at the thread relevant to your bank for other people's experiences.

frugalpam

jobo1 wrote: »

Hi Debs, I am also taking Abbey to court as I had an account with Cahoot, which I have now closed. Abbey have filed a defense and I am also worried about going to court as I am worried about losing, having to pay costs as I am on Income support and am afull time mum and have a 5mth old son to think about. I'm worried I have taken on too much and am thinking about backing out. I am claiming over £3000 from them which included the interest.
I haven't got a date yet but the case has been transferred to the County Court which is local to me. I don't know if this is a good sign or not! I have written to Martin Lewis for advice so I am hoping to hear from someone in his team if I don't hear from him as he is very busy.

Hi - if the bank file a defence as yours has done, then it does get transfered to the local County Court and out of the MCOL system (this is where I'm up to with Natwest)
I think fear of the unknown is very normal, but you've got this far and it seems a pity to back out of your claim now. I've found it helpful to get prepared by reading up - there are some links worth reading in Edinburghlass's post a few back from this post. There's no guarantees you'll win but the odds are overwhelmingly in your favour. Don't forget that the banks file defences to try and scare us off, but don't turn up in court. They are the defendants in all this, don't forget that!

Pam

Edinburghlass_2

And listen to Pam