They are defending my claim

borgbaiter

hi

can anyone help me? i had a notice of transfer from northhampton (mcol) to my local colchester county courton 21st june. today i have another transfer notice from colchester to southend considerably less local. is this likely to have been done by the bank as more delay or has anyone else had this ???

the hsbc defence was the standard defence they seem to be ginving everyone.

any ideas ???


cheers

ps not been asked for the £100-00 transfer fee from anyone either is this normal and am i just suppose to know it needs to be paid?

Edinburghlass_2

This will be nothing to do with the bank but rather dependant on how busy your local court is that they have transfered it to another court.

You'll hear from the court if you have further court costs to pay, this is only if your claim is more than £1500.

Dan123

Hi, HSBC have entered a defence against my moneyclaim claim. What do I need to do know

sudcorinne

Help!!

The bank have just defended my claim today so haven't actually had anything official from the courts yet.

Have read through the forums and must say it all looks a bit gobbledegook!!

I am trying to claim back a whoppng £5000 plus interest, so far the bank have paid £640 as a "good will gesture", I haven't responded to this offer yet (although they have gone ahead and credited my account). Will it affect my claim if I keep this money and just deduct it from the balance or should I repay it and ask for the full amount?

Edinburghlass_2

You need to wait until you hear from your local court that your case has been transferred to and they may ask for further information or just give you a date for your case.

To the above poster, you should write to the bank and acknowledge the payment as part payment only and without prejudice as you are continuing with your court action for the remainder.

Have a read of the thread relevant to your bank, you'll find them linked in the Reclaim Help Thread which is in my signature.

beatthebank_3

Hello,
My partner is taking her bank to court, after having no success with threatening to do so.
The latest responce we have is,
The particulars of the claim are insufficiently particularised and are embarrassing.
She filled out a court claim online, but she says they did not ask for details ie. times/dates/ammounts etc.
Could anyone tell me if she was supposed to give this information at an earlier date to the court? Or will they ask for it later?

Edinburghlass_2

Who is the response from, the bank/solicitor or the court?

beatthebank_3

beatthebank wrote: »

Hello,
My partner is taking her bank to court, after having no success with threatening to do so.
The latest responce we have is,
The particulars of the claim are insufficiently particularised and are embarrassing.
She filled out a court claim online, but she says they did not ask for details ie. times/dates/ammounts etc.
Could anyone tell me if she was supposed to give this information at an earlier date to the court? Or will they ask for it later?

beatthebank_3

the reply was a copy of the banks defence from there solicitor,attactched to a transfer of preceedings.

tillycat

I am helping my daughter, my daughter's boyfriend and my son's girlfriend to reclaim their bank charge. We have been through the preliminary stages and are now into court proceedings. We have just been informed by the banks solicitors that in the first of these cases the bank (Lloyds TSB) intends entering a defence as follows.
The bank will be defending these proceedings on the following grounds.
1.The fees that you seek are properly incorporated into your contract with the bank; and
2. By making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft which the bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there has been no breach of contract here.

Has anyone received a similar letter and have reached the 28 day deadline, if so what was the outcome?
In their letter the bank's solicitor also added the following.

Looking ahead,a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requsted, please, to make contact within the next 14 days with your local Lloyds TSB Branch Manager, to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

What are the trying to say here? are they offering to negotiate or are they telling us to sod off and take our business elsewhere or is there something alltogether more sinister.

Thanks
Tillycat