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They are defending my claim

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  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    GMC wrote: »
    Abbey have informed the small claim court that they will fight my claim.
    I know I have to prepare for a cout hearing, but not sure what this means, how to go about this or what info I will be required to submit. Has anyone been to court yet, and what happened?
    I've been trying to find out about recent court judgements to see how things are going- are people still winning?

    You need to read the Success Stories thread to see how many people are still winning. Check out Martin's article for the Court Bundle linked at CAG and if you check out some of the threads linked in the Reclaim Help Thread.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    spd54 wrote: »
    Bank has put in a defence and I noticed in thread that I should have sent copies of claim toNorthampton Court. I didn't know and have not done so. Will this cause a problem.?

    Its not actually necessary however once your case is transferred to your local court you'll probably be asked by the bank's solicitor for further information and at that point its a good idea to send the "long version" found in the Reclaim Help Thread, of your POC with your list of charges to the solicitor and your local court.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    bookemdano wrote: »
    Quick question, I have put in a claim again TSB for bank charges. I have gone through MCOL and TSB have followed their usual procedure and are defending the whole claim (no suprise there). As it will go to my local court now how long before I recieve the paper work ie questionaire etc? Thanks in advance :money:

    Depends how busy your particular court is and if the AQ has been dispensed with or not.
  • Hi all, needing help!! Ive recieved today an 'acknowledgement of service' letter. Lloydstsb are intending to 'defend all of this claim'!! :eek: what am i supposed to do now?? they have 28 days but what is that for?? am i expected to go to court then? oh lordy, in a right panic!! any advice, help etc would be greatly appreciated :o
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    Hi all, needing help!! Ive recieved today an 'acknowledgement of service' letter. Lloydstsb are intending to 'defend all of this claim'!! :eek: what am i supposed to do now?? they have 28 days but what is that for?? am i expected to go to court then? oh lordy, in a right panic!! any advice, help etc would be greatly appreciated :o

    Firstly, don't panic! Intending to defend and actually filing a defence are two different things.

    Money Claim Online should have issued your claim either on the same day, or the day after, you filed it. They then allow 5 days for it to be served. The bank’s solicitors then have 14 days to respond. However, their response can be just filing an Acknowledgement of Service. If they do this, their 14 days is increased to 28 days. If the deadline expires on a weekend or Bank Holiday, they get the Monday or Tuesday respectively. If they file a defence, the case will be transferred from Northampton (where Money Claim Online are located) to your local county court and a date set for the hearing. If they don't file a defence and when the deadline expires, you can apply for a judgement by default on the Money Claim Online website.

    Lloyds TSB usually make an offer, albeit of only £750 and at the very last minute.

    Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.
    The acquisition of wealth is no longer the driving force in my life. :)
  • hello all, having had one charges claim settled, i filed a claim for another account through the small claims court web site, and the reply i got today looks like the bank are using a solicitor in birmingham to defend the claim!!!! Am i reading the responce form wrong or is this the standard reply??? Any ideas? Cheers:confused:
  • karenn1957
    karenn1957 Posts: 68 Forumite
    I submitted a claim online..and at the 11th hour lloyds entered a defence...i understand that my next step will be to fill in a allocation questionaire..my question is:- does the court send me this form or do i have to apply for one from the court.
    Advice gratefully received.:confused:
    Also what is my next course of action...the bank put in a defence on the 30th May so do i just wait for them to get in touch with me?
    thanks again
    Received £250.00 with one phone call to reclaim Mortgage Exit Administration£ fees AND £2995.00 bank charges from Lloyds TSb..All thanks to Martin Lewis. :T :money::T:beer:
  • today i would have won by default, but thay posted a defence. ( i think thats what 11th hour means) now i have to wait and see what happens i guess. T_T why did thay wait till the last day grr
  • simmo490
    simmo490 Posts: 27 Forumite
    i am taking HSBC to smal claims court. i filed it on line. I have jsut receved a letter back saying HSBC wish to defend this case.

    What do i do now?

    Are they likley to back out?

    Is there any guidence on this?

    will i have to defend myself in court?

    any help would be good cheers, also has many people won when taking HSBC to court.

    dave
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    simmo490 wrote: »
    i am taking HSBC to smal claims court. i filed it on line. I have jsut receved a letter back saying HSBC wish to defend this case.

    What do i do now?

    Are they likley to back out?

    Is there any guidence on this?

    will i have to defend myself in court?

    any help would be good cheers, also has many people won when taking HSBC to court.

    dave

    They are not taking you to court. You are taking them to court and they have said that they intend to defend themselves, which they do have every right to do.

    Also, intending to defend a claim and actually filing a defence are two different things.

    If they file a defence, the claim will be transferred from Northampton (where Money Claim Online are located) to your local county court and a date set for the hearing. If they don't file a defence and when the deadline expires, you can apply for a judgement by default on the Money Claim Online website.

    Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.
    The acquisition of wealth is no longer the driving force in my life. :)
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