They are defending my claim

ianlaurence

Sorry, me again with just one more problem.

The court bundle is so much clearer thanks for your help everyone.

However i cannot find any of the letters that have been posted back and forth to/from the bank, so nothing to show all of the communication! I think the chances of Lloyds TSB providing this info now is highly unlikely (especially within the next 14 days)... Will this affect my case?

Also, the bank have now entered a defence (according to MCOL) so do i just sit tight for the moment or send this bundle ASAP (to show my seriousness in following it through) I have not received any 'Court Allocation Questionnaire' as yet... does this follow soon???

Cheers all for reading this!

And is anyone reading this is just starting out, wondering what is going on, send me a private message and i'll try to help with what i know... So many people have been so helpful to me.. STAY POSITIVE!!!

Edinburghlass_2

You need to have an actual date for your case before you need send a Court Bundle and then it will need sending to your local court and the bank.

Meantime you can expect a letter from your local court telling you that your case has been transferred to them and probably that the AQ has been dispensed with,and possibly a letter from the bank's solicitor asking for more details.

You'll find links to these relevant threads in the Reclaim Help Thread which is linked in my signature.

BenJones80

Hi,

Barclays have filed a defence to my claim stating:

1. The particulars of the claim do not provide details or particulars of the account in
question and/or the precise charges alleged to have been unlawful, or the dates thereof. To
the extent it is alleged that the claimant incurred bank charges on the claimants account
for the unauthorised borrowings (whether unpaid fees for returned cheques, "paid refereal
fees" or any other such fees), the defendant puts the claimant to strict proof of each
charge and date thereof.

2. The particulars of claim are summary in nature. Accordingly, this defence is summary in
nature and the defendant reseves the right to amend this statement of case in due course

3. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of
its standard terms and conditions. The claimant accepted the same when the account was
opened, including (in particular but without limitation) the following terms and conditions
(which are summarised):
a. The defendants right to charge a "paid referal fee" where the defendant pays an amount
(either by compulsion or election) which causes the account to become overdrawn - £30 per
item (previously £25)
b. The defendants right to charge an administration feeif any cheque, standing order or
direct debit cannot be paid because of insufficient cleared funds in the account - £5 per
item (previously £25)
c. The defendants entitlement, if the claimant becomes overdrawn without an overdraft
limit, to charge interest at the unauthorised borrowing rate on the excess balance.

4. The defendants standard terms and conditions give the claimant a fair and transparent
view of those terms and the charges applicable for unauthorised borrowings (including where
the account is overdrawn without an overdraft limit or where the claimant exceeds the the
authorised overdraft limit)

5. If and to the extent it is the claimants case that the failure to make necessary payments
and/or failure to remain within authorised overdraft limits and/or failure to arrange and
authorised overdraft constituded a breach of the terms applying to the account and that the
contractual entitlement to debit charges from the claimants account constitutes a liquidated
damages clause, the same is denied. The charges constitute payments the claimant agreed to
make by reason of the terms and conditions of the account and were consideration for the
defendant advancing credit to the claimant., which the defendant was under no obligation to
advance. The defendant was entitled to impose such charges and interest when the claimant
incurred the overdraft.

6. Accordingly, it is denied that the legal principles relating to liquidated damages
clauses and penalty charges are relevant or applicable to the facts set out above. Further
or alternatively it is denied that any such charges constitute unlawful penalty charges or
are in breach of the unfair terms in consumer contracts regulations 1999 (or indeed any
other provisions)

7. Therefore, it is denied that the charges were unlawfully debited from the account.

8. If and to the extent the Claimant incurred charges on the account, this was caused by the
claimant having gone into overdraft facility or to increase the overdraft facility and/or
the fialure to make payments to bring the balance of the account back into credit.

9. It is averred that the said charges and interest are and remain lawful and enforcable and
that the defendant was entitled to debit the same.

10. The defendant denies that it is liable to the claimant for the sums claimed and interest
as pleaded or at all.

11. In the alternative, and without prejudice to matters stated above, if (which is denied)
the said charges and interest or any part thereof are unlawful or unenforcable as alleged by
the claimant or at all, and the charges were a consequence of the breach of contract by the
claimant, the defendant has nonetheless suffered loss and daamage as a consequence of such a
break of contract in allowing the account to go into unauthorised overdraft. Accordingly in
the event that the defendant is unable to rely on it's express entitlement to enforce the
charges as set out above, it will seek to recover to the extent neccessary such loss and
damage as it actually suffered, which will not neccessarlily be limited to the value of the
said charges, and the defendant seeks to set off such sums against any liability owed
hereunder to the claimant.


What do I do now? How do I counter their defence?

This has been moved to my local court now.

Please help, I'm completely lost

niceboybob

Hi,

HSBC have filed a defence against my bank charges claim.

What do I need to do next?
How long do I have to do it?
How soon before a court date is issued?

Thanks,

Bob

Stephen_Leak

niceboybob wrote: »

Hi,

HSBC have filed a defence against my bank charges claim.

What do I need to do next?
How long do I have to do it?
How soon before a court date is issued?

Thanks,

Bob

The claim will be transferred from (where Money Claim Online are located) to your local county court, who will either send you an Allocation Questionnaire or set a date for the hearing.

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.

niceboybob

Hi,

Im taking HSBC to court to reclaim bank charges. They have submitted a defence.

How long will it be before the case goes to court?
Do I need to get a solicitor?
How will they contact me if they want to settle before the case goes to court?

Thanks

Bob

bigrobbyault

Hi ALL I have took hsbc to court for a total of £2040 including interest and court charges and waited 13 long days before they put in a defence against my claim all it said on hmcs web site was the defendant disputes the whole amount that was on the 18-06-07 so i am now waiting for the further 14 days to go by for the 3-7-07 but i have just phoned up hsbc to see what is happening and they have told me i will not be getting any of the money back and they have sent a letter out two days ago as they think the charges are fair so could someone please help me as i dont know what to do next. i think i read somwhere that if the bank put in a defence i would get sent a letter from a court so i could appeal please help me thanks.

LozBingley

bigrobbyault wrote: »

Hi ALL I have took hsbc to court for a total of £2040 including interest and court charges and waited 13 long days before they put in a defence against my claim all it said on hmcs web site was the defendant disputes the whole amount that was on the 18-06-07 so i am now waiting for the further 14 days to go by for the 3-7-07 but i have just phoned up hsbc to see what is happening and they have told me i will not be getting any of the money back and they have sent a letter out two days ago as they think the charges are fair so could someone please help me as i dont know what to do next. i think i read somwhere that if the bank put in a defence i would get sent a letter from a court so i could appeal please help me thanks.

They should pay out before you get to court. This could be upto 5 months away!

princesskez26

bigrobbyault wrote: »

Hi ALL I have took hsbc to court for a total of £2040 including interest and court charges and waited 13 long days before they put in a defence against my claim all it said on hmcs web site was the defendant disputes the whole amount that was on the 18-06-07 so i am now waiting for the further 14 days to go by for the 3-7-07 but i have just phoned up hsbc to see what is happening and they have told me i will not be getting any of the money back and they have sent a letter out two days ago as they think the charges are fair so could someone please help me as i dont know what to do next. i think i read somwhere that if the bank put in a defence i would get sent a letter from a court so i could appeal please help me thanks.

Once the bank have submitted a defence the claim will be transferred to your local court for a hearing date to be set. Yes the courts will notify you of any defence and send you a copy of it, they will also notify you of the transfer and when the hearing date is for you.

You just have to wait i'm afraid until you've had correspondance from MCOL/your local county court. Most of the banks defend so don't worry, they just drag the process out as long as they can but you will have your money back in the end

Kez

LozBingley

niceboybob wrote: »

Hi,

Im taking HSBC to court to reclaim bank charges. They have submitted a defence.

How long will it be before the case goes to court?
Do I need to get a solicitor?
How will they contact me if they want to settle before the case goes to court?

Thanks

Bob

You should be contacted by your local court within the next month.

A court date will be set for sometime in the next 4-5 months.

The bank may make you another offer by post, and then again as the court date gets closer, by post or phone.

You don't need a solicitor as long as you fully understnad why the charges are unlawful. If you don't understnad this then you need to go read Martin's article again.