They are defending my claim

Nicolec

Anyone out there who can offer some advice?
My claim against Lloyds TSB seems to being vigourously defended. Although I am not at the court date stage yet it is now ordered by the court that Ifile at court & serve the defendant further written particulars of the claim - not sure how to do this do I just need to post special delivery - Anyone know

dogloverme

hi i have just recived on friday abbeys defence papers from my local court.
what do i do now?
do i send in the baliffs
im not sure i have read and watched martins video please can anyone help me on this one oh yes in there defence its all my fault about the charges n that they are right in chargeing me them oh since january 9th it is the smae charge i dont think so

dogloverme

im claimg back £6086.56

Edinburghlass_2

Instead of repeating your post in every thread, can you please just read the replies I have now posted twice for you.

allanander

My bank (HSBC) have filed defence papers saying that their charges are valid because they are fully disclosed in the terms and conditions. They also say they are not default charges and therefore cannot amount to a penalty. Is this the usual defence and does anyone know if this means they will actually go to court?

minesarover

Thanks for posting these letters for us, I'm very glad I read these messages because I'm at the stage were my bank has filed a "Notice of Acknowledgement, which contains details of their solicitor & that they intend to defend, I am now begining to get rather worried now, because I'm unsure of what I should be doing next & if I lose how much this may cost me if my bank decide to claim defence costs against me!

Regards Martin.

paul_d wrote: »

The following template is on this website somewhere:

PARTICULARS OF CLAIM

1. Between **** and **** the Defendant applied numerous default charges to the Claimant’s bank account. It is understood the Defendant contends the charges were debited in accordance with its contract with the Claimant.

2. The charges applied are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. A charge is a penalty if it does not reflect an item’s true cost.

4. Under Section 69 of the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money. This totals £****, continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Claimant therefore asks the court to enter judgment in their favour for £***** plus interest, totalling £****

OR

try using this one, I think from CAG website:YOUR NAME CLAIMANT

V

YOUR BANKS NAME DEFENDANT

PARTICULARS OF CLAIM

1. The Claimant has an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e), the Unfair Contract Terms Act 1977 s.4 and the common law. Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:
.................................................. ....................................

Try one of those as a letter to go with your spreadsheet.

Please take the views of paul_d as informal advice. If in doubt consult an insured professional.

koshka_2

Hi,
I have put in a claim via the money claim online service against the HSBC. On Friday I recieved a letter saying that they are defending the claim and now I am scared... what will happen next? What should i do? ARE they in the wrong for overcharging me and will they pay up? If we didnt quite need the money Id be tempted to bottle it and chicken out - but is this what they want? Can anyone help please?
many thanks

attheraces

Don't let them intimidate you. Bullying tactics are a thing of the past. I had a similar problem with the same bank.

Keep cool and calm, follow the stages through to the letter... KEEP TO THE TIMESCALES.

Banks are good at dictating terms to the customer, now it's time for you to dictate your terms to them... CALL THEIR BLUFF.

They will cave in, trust me.

Good luck!

koshka_2

Hi, am I right in thinking that I need to send copies of my claim statemets (which i presume is the breakdown of dates, charges, and then the interest) to the courts? Do I send these to the Northampton court? Also why doesnt the moneyclaim online site tell you to send these statements in the first place? Thankyou very much for your help..
kosh

dogloverme

im at the same process with abbey they are defending so now do i wait for the next step or what do i do now i have read mcol and watched martyns video mant times tyia for any help and advice
dogloverme