They are defending my claim

kashfat

hi im a bit stressed my banks have filed thier defence but i dont know how to file mine, can any1 help?

kashfat

Help my banks have filed a defence can any advise me?

allanander

HSBC have filed a defence against my claim stating that the charges are valid because they were fully stated in their terms and conditions and they are not Default charges and therefore cannot be counted as a penalty. Is this true and will the bank actually go to court?

Russjo

It sounds like a standard reply to me, don't be put off or scared, I very much doubt they'll go all the way. Good Luck

oscar52

To all those above.

Many banks are threatening to file a defence, but whether they go through with it is another thing. On April 12 this year the Judge at Boston/Skegness county court threatened to through out a banks defence due to the fact they had already settled claims in full with other customers - therefore they had no defence, given that English (and I assume Scottish) Law is based on presedence. (Unfortunatly, I cant reference this, but read it in a letter from a claims company)

smbu99

EEK,

On Martin's guide it says to come on here and ask for further help so that's what i am doing.

The defence was entered on the 1/05/07.

I haven't had the allocation questionnaire yet.


What should I do.


TU

tanks5

Can anyone help me?
I am at the stage of taking Abbey to court for reclaiming £320 bank charge's .
They have issued a defence to the court and I am now awaiting as to what I do next -any ideas?
Does this happen often and are they just trying to make me pull out by issuing all this legal stuff -(which worries me).
Has anyone had to go to court and have they had to pay costs and what sorts of figures are involved?

Baggers_3

That's interesting as I am about to proceed to court action with Abbey. I am reclaiming £1032.00 bank charges. Does anyone have any success stories with Abbey ?

Stephen_Leak

If they have issued a defence, then the court service will allocate a date for a hearing at your local county court. You don't have to do anything yet.

Yes, they are trying to scare you off with what is probably the usual load of "Jarndyce & Jarndyce" legal gobbledegook.

Your court costs are fixed at whatever you paid when you submitted your claim. The point of law our cases are based on is clear and simple - the charges are "extravagantly" higher than the costs.

Yes, there have been a couple of cases where the claimant has lost - one was a very early one, where the claimant didn't prepare their claim properly and this allowed the bank to exploit a legal loophole, which wouldn't work now anyway. The other one was where a judge, with a less than perfect signal lock on Reality FM, actually allowed a bank to call an employee as an expert witness, and then testify that the charges were reasonable, without giving a breakdown of the charges. This case is being appealed.

Just remember that the banks have a "Achilles heel" - the one thing they do not want is to have to say, under oath and in open court, just how much it does cost them.

Phamous

Hi All,

I'm in the middle of a claim with Barclays. Today they have defended the claim. I've just been having a look round at posts about MCOL and see that I should have sent the particulars of the claim to the court and Barclays when I started the claim. It's the first time I've read this and now I'm really worried that Barclays can use this as a defence by saying I did not provide the correct information at the outset.

Have I messed up my claim by not doing this?

Thanks in advance...