They are defending my claim

Twinkly

**emma** wrote: »

please help the bank have decided to defend my claim, i am not sure what to do next. the bank have acknowledgement of service giving them more time, but today i have received what they are defending and one statement says we have 'amongst other things' not shown how we came to the amount. eventhough we sent off the six years spreadsheet. but silly me didnt photocopy it please help i dunno what to do next.

Just make another spreadsheet of the charges for your own records. It is part of the banks tactics to attempt to make you feel stupid or as if you have made mistakes in filing your claim. If you are confident that you have done everything correctly then dont worry. The court will decide on the merits of your case, not the bank.

**emma**_5

thanx for replying so promptly i feel a little happier, do i just sit tight and wait for my local court to do the rest?

geoff1057

hi Barclays have put in a defence and i have received papers from them today,talking about charges etc soc s, the court case has been transfered to my home town but no date is given yet ,they say AQ at this time is not needed. Do i have to start getting papers together etc, or ring the court asking if a date has been set. dont know what i have to do next.

debtfree27thmay

geoff1057 you should get a letter from your local court letting you know when the court date will be. we had to wait ages for ours it was dated 15th may (rec it about 17th may) and our day in court is 6th aug!:money:

geoff1057

so i dont do anything until i get a date from court ?

chrissydot

Today I tried to request judgement on MCO but there is a message saying that HSBC have entered a defence and that I will soon get a court allocation. Any help from anyone who has already done this would be most welcome. I understand from other parts of the website that the bank may not show but I don't want to look a complete idiot if they do turn up.

blodwyn

oh no, just checked my claim form which I completed on 30/06/07. Nationwide have up until next Wednesday to enter defence or pay up. Just noticed I typed 'Under County Courts Act 1894' and not 'County Courts Act 1984' regarding the interest on top of my claim. Starting to panic and feel sick in case it gets thrown out or defended because of my error (can't believe I made such a stupid mistake, especially as I and my boyfriend both checked the form so many times looking for any errors and didn't spot it!).
Does anyone know if this will affect the claim?

stew1975

Hi there, I'm currently in the process of claiming back £1300 from Yorkshire Bank and i'm in the latter stages. I've just received two letters this morning from the bank and the courts stating that they are defending the claim. I've done everything by the book but should I be worried? How long before a court date and will I go to court or is this just standard procedure? Sorry for my naivity but i'm a bit worried! Stew

Edinburghlass_2

You'll here from the court that your case will be transferred from Northampton to you local court and then your local court will either send you a date for your hearing or further directions. At this stage you just need to wait to hear from them.

andymc

Please could anybody who has any legal know-how help me with deciphering the Defence that Barclaycard have submitted for my local court which is happening in about a week (Monday 13th Aug 07). I can only gather from the end of their first sentence that they refer to "or the date thereof"... meaning the typo that I made in the date of my Particulars of Claim. The rest I don't know what they are refering to exactly as it doesn't make sense.

Basically I am taking barclaycard to court for over £1020. They offered me £356.00 which they explained is for anything over £12 re-embersed, but even this is not the correct tally as they only calculate for the last 3 years, so 3 years short.

I sent them a recorded delivery straight back declining their offer and telling them that it is unacceptable thus: "I will continue to pursue the full amount of £949 as originally requested".

So here is their defence:

"The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Furthermore, they give no recognisable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a Defence. The Statement of Case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.r.
2. The defendant respectfully requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim and is an abuse of the Court's process.
3. If an order to strike out is not considered to be appropriate, to the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
4. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to ammend this Statement of Case in due course.
5. The Defendant is entitled to charge the Claimant fo unauthorised borrowings by reason of its standard terms and conditions. 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 particulars but without limitation) the following terms and conditions.....then it goes on and on about the terms and conditions.
6. The defendant's 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 authorised overdraft limit).
7. If and to the extent it is the claimant's case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant's 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.
8. Accordingly, it is denied that the legal principles relating to liqudated damages clauses and penalty charges are relevant or applicable to the facts set out.

So this is there defence. It seems to be refering to Bank charges, not credit card charges. Any help is most appreciated. Thanks.