They are defending my claim

doledodger

I have asmany others looked to chase my bank charges which span over 3 yrs, I followed the templates and the My bank took everything to the last stage, but on friday recieved a defence the bank has filed, is this the norm or does it look like they are fighting it? any advice would be greatly appreciated!
many thanks

slovan

they have decided to defend when I issued court proceedings against them -

IS this standard and has anyone else experienced this?

are they just extending their time from 14 days to 28 days to draw the process out ?

Stephen_Leak

It is the norm these days. The time when the banks paid up after a couple of letters are long gone.

The next step is to get what is called your "court bundle" up together - basically 3 copies (courts thrive on paper) of your statement of charges, every letter you sent them and every letters they sent you. You may also need some more legalistic documents but, without the detail of the defence, it is difficult to advise further at this stage.

However, the banks solicitors will not actually show up at court - they daren't - the last thing they want is to have to say just how much (or little) it costs them.

doledodger

Thanks for you reply, this does put me at ease, the defence the bank has filed seems to be standard reply and their are no specifics to my claim just a standard repy quoting terms and conditions and a denial of admission for any monies owed, I hope to be writing a success story on here in a couple of weeks, but any how thankyou for taking the time to respond to me!

Stephen_Leak

OK, but don't get complacent. That bloke in Birmingham apparently did, and the rest is history. The gloves are off now and, to continue the boxing analogy, the exchange of letters was just a sparring session!

Check this site and the others for everything you can find on the "court bundle". Your claim is ahead of mine, so I cannot advise from personal experience.

nellie1980

Not sure if im on the right thread but I hope someone can help me anyway.
Im in the process of claiming £1395 on behalf of my mother from lloyds tsb,and after filing for court action, they offered me £502 as a goodwill gesture. But as my mother spent £120 taking it to court, she decided against the offer and wrote to the bank with a 'No Deal'! The bank has now decided to defend the claim and im just wondering what to do now and whether the bank has a good chance of winning.
Any help with this query would be greatly appreciated.

Kurt_Hamster

nellie1980 wrote: »

The bank has now decided to defend the claim and im just wondering what to do now and whether the bank has a good chance of winning.

Of the countless 1000s of claims you can count the number of bank wins on the fingers of an Iraqi repeat offender pickpocket.

Missy30_2

Hello,

Please can you help me, my situation is similar to piggy69 although I was unable to find the response to this thread, I will try to keep it brief.

I went through the process of claiming the bank charges however, I have recently received a copy of Abbeys' defence. They are stating that my account is subject to their terms and conditions which I agreed to when I opened the account, basically they made me aware of the consequences of being over drawn. Also that the fees are proportionate to the expenses incurred due to my breach of contract and is a genuine pre-estimate of the damage which Abbey has suffered. Furthermore they stated that I should provide strict proof of admissions.

I'm not sure what the next step is, will I have to prove my case in court if so what would I need to provide? Are Abbey likely to attend court and defend the case or are they testing my endurance.

Please if any one has gone through similar situation, please can you advise me on what steps are needed.

Thank you for taking your time to read this.

Missy30:j

Stephen_Leak

The bit about the T&Cs is the usual load of "dingo's kidneys", as explained in the main article.

However, the bit about "fees" and "breach of contract" is actually good news. This means that they are not making out that the charges are actually service fees and therefore covered by the rather nebulous Supply of Goods and Services Act.

I don't know about the "proof of admissions", though.

In any event, the bank cannot attend the court hearing. If they did they would have to answer some potentially very expensive questions about just how much (or how little) automatically administering a "breach of contract" actually does cost them.

However, you do now need to start getting your court bundle up together.

einyuk

Missy30 wrote: »

Hello,

Please can you help me, my situation is similar to piggy69 although I was unable to find the response to this thread, I will try to keep it brief.

I went through the process of claiming the bank charges however, I have recently received a copy of Abbeys' defence. They are stating that my account is subject to their terms and conditions which I agreed to when I opened the account, basically they made me aware of the consequences of being over drawn. Also that the fees are proportionate to the expenses incurred due to my breach of contract and is a genuine pre-estimate of the damage which Abbey has suffered. Furthermore they stated that I should provide strict proof of admissions.

I'm not sure what the next step is, will I have to prove my case in court if so what would I need to provide? Are Abbey likely to attend court and defend the case or are they testing my endurance.

Please if any one has gone through similar situation, please can you advise me on what steps are needed.

Thank you for taking your time to read this.

Missy30:j

hi missy

the court will notify you and send you a allocation questionaire to fill in which you then send back to the court by a date set by them (usually 14days when you receive it) along with another fee of £100 depending on the size of your claim.

also some courts have dispensed with the questionaire...........either way the next step will be for the court to get in touch as to what they require you to do next.

after completion of questionaire the the court again will be in touch with the judges directions and a court date and possibly the dreaded court bundle will be needed.

more info below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

good luck;)