They are defending my claim

Stephen_Leak

hooker9 wrote: »

i have just received a letter from my bank saying that they intend to defend the claim, and asking for a list of charges and account number (which i already sent ages ago). has anyone else got to this stage and can they tell me wot happens next, iv read on the threads about a court bundle wot is this? gettin a little worried now

The bank has the right to defend your claim against them, but the legal jargon their solicitors will use is designed to make you give up and go away.

<O:p</O:pThe court bundle only comes into play if the bank's solicitors actually file a defence. Intending to defend a claim and filing a defence are two different things.

You do need to send the bank's solicitors the information they request. I know that they should have this already, but a judge will expect both parties to show courtesy to each other. Therefore, write back politely with all the information. It will do your case no harm whatsoever if a judge reads the two letters and sees how well you responded to the solicitor's "bully boy" tactics.

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.<O:p</O:p

mattaber79

Hi all! I recently put a claim in through moneyclaim to reclaim my bank charges (totalling 680.00) from Lloyds TSB bank. They've now acknowledged my claim and their solicitors have ticked the box "I intend to defend all of this claim". Should I be worried that A) Their solicitors are dealing with the claim? That they're intending to defend it?
Help... If they're trying to stress me out they're winning!!

princesskez26

mattaber79 wrote: »

Hi all! I recently put a claim in through moneyclaim to reclaim my bank charges (totalling 680.00) from Lloyds TSB bank. They've now acknowledged my claim and their solicitors have ticked the box "I intend to defend all of this claim". Should I be worried that A) Their solicitors are dealing with the claim? That they're intending to defend it?
Help... If they're trying to stress me out they're winning!!

No not at all Lloyds defend nearly all their claims, unles syour lucky enough to slip through the net :rotfl: Keep your chin up, you'll be fine, good luck

Kez

FreeWill_2

Hi peeps,
I am in the process of reclaiming bank charges from Lloyds TSB. I have got to the stage of going to moneyclaim.gov.uk court service, Lloyds TSB aknoleged the claim, then on friday they put in a defence disputing the WHOLE amount owed.

The current status on moneyclaim reads:
"
You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.
"

Can anyone help me by giving me an idea of what to expect when i go to court. Also ANY help whatsoever on this stage of claiming would be greatley apprichiated.

ThankyouThankyouThankyou :beer:

LozBingley

FreeWill wrote: »

Hi peeps,
I am in the process of reclaiming bank charges from Lloyds TSB. I have got to the stage of going to moneyclaim.gov.uk court service, Lloyds TSB aknoleged the claim, then on friday they put in a defence disputing the WHOLE amount owed.

The current status on moneyclaim reads:
"
You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.
"

Can anyone help me by giving me an idea of what to expect when i go to court. Also ANY help whatsoever on this stage of claiming would be greatley apprichiated.

ThankyouThankyouThankyou :beer:

First of all DON'T PANIC!

This is just what the banks do, its a scare tactic to try and get you to drop the claim or make you accept a lower offer.

Some time in the next month you will be sent a letter from MCOL with a copy of the deffence. It will say something along the lines of "we don't feel our charges are unlawful" and "we have made an offer that was rejected" and lots of other legal bits too.

A few weeks after that you will get a letter from your local court and you may get a form to fill in. Join the www.ConsumerActionGroup.co.uk website for free where you can find detailed wording to fill in this form and a full Legal Pack (about 40 pages) that you will need to send to the court, the banks solicitor, and keep a copy for yourself.

This pack along with copies of all your letter to and from the bank and their solicitors, a list of charges, and your bank statements, becomes your 'Court Bundle'.

However in the mean time the bank may send you a better offer or try and settle with you before it gets to court.

Hope this helps and Good Luck

Hotdog_2

My friend has filed several cases in her local court for herself and family members, TSB is defending hers and one other. She did all of the claims in exactly the same way with all of the relevent info needed. Her bank defense is, I think, standard, ie don't believe the charges are unfair, they are services, she knew of the charges when opening the account etc etc blah blah. The other defense was completely different. It says the claim is "embarrasing" and that there is no evidence to suggest how the amount was arrived at, no details of the account in question, no details of the charges being disputed etc etc. but she definately provided all of this information at the court when filing the claim. What should she do? Sit tight and wait for the hearing date or should she prepare her own defense or send the info again? Any advise would be greatly appreciated.

gardenpea

I’ve been going through the whole money reclaiming process and got to the point of me doing to money claim online process, after recently checking my account I saw this message and am unsure what I do now? And am a little worried.
<O:p></O:p>
<O:p></O:p>
Below is the message I received <O:p></O:p>
<O:p></O:p>
You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly<O:p></O:p>


I would Appreciate any advice.<O:p></O:p>

Stephen_Leak

gardenpea wrote: »

I’ve been going through the whole money reclaiming process and got to the point of me doing to money claim online process, after recently checking my account I saw this message and am unsure what I do now? And am a little worried.
<O:p></O:p>
<O:p></O:p>
Below is the message I received <O:p></O:p>
<O:p></O:p>
You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly<O:p></O:p>


I would Appreciate any advice.<O:p></O:p>

The bank's solicitors have filed a defence to your claim. The claim will now be transferred from Northampton</ST1:p (where Money Claim Online are located) to your local county court and a date set for the hearing.

The court service will write to you, advising you of this and enclosing a copy of the defence.

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. Please read the Court Bundle Checklist thread.

moonflower_2

Hi Stephen Leak

I am in a similar position I have made a claim against HSBCfor bank charges of £200 .HSBC have put a defence at the last minute on 12th June. However I have not heard anything from the court or from HSBC. What should I do. Do I need to do anything? How long can they drag this out! I am getting concerned now.

Edinburghlass_2

Basically you need to wait until you hear from your local court, they may be busy and/or you may hear from the bank's solicitor first. Check the Reclaim Help Thread for links on what to do should you hear from the solicitor regarding the bank's defence.

However, HSBC will negotiate so its worthwhile giving them a ring and see what they say, have a read of the HSBC thread for other user's experiences.