They are defending my claim

RAS

Hi folks

Try here http://forums.moneysavingexpert.com/showthread.html?t=305461&highlight=HSBC

The main HSBC thread

mo1_2

hi,both the halifax and hbos said theyh were going to defend,then paid up at last minite

kashfat

Hi, i have taken my banks to court and theyve put in a defence, i phoned up the online claim court, and they said because of the volume of claims i have to ring my local court and put in my defence. The problem is i dont know how to word it can you please help?????

einyuk

hi

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

itgirllou

Hi

I have also just filed with MCOL. Read and re-read all the steps on here but haven't seen anything about sending the charge details to the court in northampton.

is this the norm?

Thanks

grayclose31

I have filed with MCOL yesterday and i was also not aware of this action.

I have read through the help and advice on their web site and their is no mention of sending any papers until later on in the claim.

Can a moderator please clarify.

Thanks

paul_d_8

You should do. Its called 'particularising' your claim. Because you filed online there is limited space to itemise your claim, and as such the defendant can ask the judge to strike out the claim. Re-send your spreadsheet to bank/solicitor and Northampton.

Good luck. Us claiming against A&L are at court date time!!

Its kind of exciting!!

grayclose31

Thanks paul. Can any one please advise what i shoud put in the breif letter or direct me to a template that i can use.

Chris

paul_d_8

grayclose31 wrote: »

Thanks paul. Can any one please advise what i shoud put in the breif letter or direct me to a template that i can use.

Chris

The following template is on this website somewhere:

PARTICULARS OF CLAIM

1. Between **** and **** the Defendant applied numerous default charges to the Claimant’s bank account. It is understood the Defendant contends the charges were debited in accordance with its contract with the Claimant.

2. The charges applied are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. A charge is a penalty if it does not reflect an item’s true cost.

4. Under Section 69 of the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money. This totals £****, continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Claimant therefore asks the court to enter judgment in their favour for £***** plus interest, totalling £****

OR

try using this one, I think from CAG website:YOUR NAME CLAIMANT

V

YOUR BANKS NAME DEFENDANT

PARTICULARS OF CLAIM

1. The Claimant has an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e), the Unfair Contract Terms Act 1977 s.4 and the common law. Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:
.................................................. ....................................

Try one of those as a letter to go with your spreadsheet.

Please take the views of paul_d as informal advice. If in doubt consult an insured professional.

grayclose31

Thanks Paul. I will post it all out today.

Chris.