They are defending my claim

Palerie-head

If you get allocated to your local court then you will have to pay again I'm afraid. You'll probably find that the bank will then ask for a stay until after the test case and based on what everyone has been saying on here, they'll probably get it.

RobsonGTO_2

How much am i looking at if they do? it crippled me just to get the £120 to pay for the fee....really wish i started this earlier now

leenarana

Hiya jus a quick question....i want to close my account but would i still be able to reclaim my bank charges? if anyone knows can u pls let me know thank u

leenz

sparky0107

As far as I know you can still put a claim in on closed accounts as long as they are not over the 6 year time limit. This also applies to credit cards.

Hope this helps

lindilou39

RobsonGTO wrote: »

How much am i looking at if they do? it crippled me just to get the £120 to pay for the fee....really wish i started this earlier now

The Allocation fee is £100

Edinburghlass_2

Generally if your bank enters a defence your claim would be transferred from Northampton, the local court to MCOL, to your local court and then your local court/judge would decide on a stay or not.

However if you have filed using MCOL, they are now putting a stay on all cases until after the test case has been heard.

From MCOL..

http://www.hmcourts-service.gov.uk/cms/1046.htm

Bank Charge Claims

Please note that, for bank charge claims commenced through Money Claim Online, where the defendant files a defence or a holding defence, the claim will be stayed pending the judgment in the Office of Fair Trading test case. Claims will not be transferred to the appropriate local court.

Palerie-head

becks.989 wrote: »

i have gone through MCOL and have now had a letter to say hsbc are defending my claim.

what do i do now?

has anyone been through this with HSBC.

i was really confident but now i'm not so sure

Been through exactly the same with HSBC - you might like to join the HSBC thread for moral support!

They defended via MCOL but didn't defend in time when it got to my local county court, so I applied for judgement and was given it. Sadly, bank still refuse to pay up - even though my judgement was pre July 27th.

You might find now that they will turn up in court and ask for a stay until after the test case.

Hassett66

I have been sucessful with a bank claim, but I am having resistance from Abbey. I have been informed from 'Moneyclaim' today that the case is being defended, and that I will be allocated a court shortly. Does this meen that I am actually going to court, or is there likely to be a stay?

nickmack

Hassett66 wrote: »

Does this meen that I am actually going to court, or is there likely to be a stay?

Abbey will likely apply for a stay.

Edinburghlass_2

Edinburghlass wrote: »

Generally if your bank enters a defence your claim would be transferred from Northampton, the local court to MCOL, to your local court and then your local court/judge would decide on a stay or not.

However if you have filed using MCOL, they are now putting a stay on all cases until after the test case has been heard.

From MCOL..

http://www.hmcourts-service.gov.uk/cms/1046.htm

Bank Charge Claims

Please note that, for bank charge claims commenced through Money Claim Online, where the defendant files a defence or a holding defence, the claim will be stayed pending the judgment in the Office of Fair Trading test case. Claims will not be transferred to the appropriate local court.

I'm not sure when the above went on the MCOL website but I can only assume it went up after your letter saying your case would be transferred was sent.