Reclaim Unfair Bank Charges article discussion Part II

Simon7685

Help, Help, Help!!!!

I love this site and have tried to give and take advice where I can. Now I am just not sure what to do or where to go!!!

Today I received notification from Northampton that my claim was being transfered to the town where I live, Scarborough. However the next sentence in the letter has been crossed out, it read;
"and note that the allocation Questionaire should be returned to the Scarborough County Court."

I then have an order from Northampton CC which reads;

1. The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

Note: Any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Date order drawn:09 May 2007

What exactly does this mean and what do I do now????????? I supplied nothing to Northampton when I made the claim, (breakdown of charges etc), although the bank have sent in their defence.

I am really unsure what to do, somebody please help me.

Thanks
Simon

Edinburghlass_2

Have a read of this thread...

http://forums.moneysavingexpert.com/showthread.html?t=428733

LozBingley

cyberman wrote: »

OK, if they believe that, ask them for a full breakdown of the costs and make sure you tell them you'll ask the court the same question

OK Thanks

Have just faxed letter to their solicitor

Loz

theflyingtrader

got 6 years statments and worked out charges.
sent a letter to barclays asking for refund of charges on 19/04/07,
received a replay saying they would reply no later than 18/05/07
they have not replied so i have called them, they say letter in post and they have basically got to look more into case and they will reply by the 18/6/07 and that they legally have 8 weeks from the receipt of complaint to do this.
can anyone tell me if this is true and should i give them another 4 weeks or should i now threaten court action. i feel i am being strung along at the moment.

also did anyone read in the papers about the guy who lost his court case against lloyds tsb to reclaim bank charges, what are your thoughts on this ?

smudgemanc26

theflyingtrader wrote: »

got 6 years statments and worked out charges.
sent a letter to barclays asking for refund of charges on 19/04/07,
received a replay saying they would reply no later than 18/05/07
they have not replied so i have called them, they say letter in post and they have basically got to look more into case and they will reply by the 18/6/07 and that they legally have 8 weeks from the receipt of complaint to do this.
can anyone tell me if this is true and should i give them another 4 weeks or should i now threaten court action. i feel i am being strung along at the moment.

also did anyone read in the papers about the guy who lost his court case against lloyds tsb to reclaim bank charges, what are your thoughts on this ?

Everyone is sticking to their timescales as set out in the letter templates as far as i can tell the banks are telling everyone they have 8 weeks to respond its a matter of choice whether you carry on with your claim in your time or wait the 8 weeks.

There is also a thread on here regarding the Lloyds TSB case there are various opinions on this. I just think how many people have been successful in ratio to how many cases the banks have won. Good Luck with your claim

Sarahlou2000

Hi, Please can someone advise me what I need to do here.

I have received a General Form of Judgement or Order from my court.

It is ordered that I do file with the court, Further particulars of Claim and do serve the Defendant with the same by 6th June 2007.

The district judge requires the amount of bank charges claimed in the claim form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed.

- to me, this just looks like they need my spreadsheet of charges and the bank statements involved, but do I need to send also evidence as to why my claim is valid, and the 'court bundle' which is being talked about?

I have not been told to fill in an AQ

Please help as I do not want to mess up at this stage

Thanks
Sarah

agnes_2

I dont know if this is helpful to anyone but I have telephoned the MCOL number which is the Northampton court, but I did not use 0845 6015935number I looked on the SAYNOTO0870 site and the regional number is : 01604619402

Aboswell

Hi, New to this forum, and 1st post:-

I am currently claiming £1080 (plus £120 for small claims court costs) from LLoyds, and they have defended my claim with (i believe) the same defence that was used and was successfull in Birmingham this week.

This is my Timeline so far:-

1.Asked for charge info
2.Got charge info - took longer than 40 Days so in breach of FSA regulations
Recieved somone elses Charge info as well as mine - Breach of DPA
3.Asked for money back - Declined
4.Asked for money back with threat of court action - Declined
5.Court procedings instigated through Money Claim Online
6.Offer of £750 recieved requiring responce within 10 days of letter (letter dated 18th april), however letter was not posted until the 1st May, so impossible for me to respond in time. I called, faxed, and sent a written decline on the morning (pre 9am) of the 2nd May.
7.£750 paid into my account as Gesture of Goodwill on the 3rd May
8.Claim defended by Lloyds through moneyclaim online
9.I have withdrawn all the £750 from lloyds and moved it to my First direct account so that Lloyds can't get thier grubby mits on it.

Has anyone else had thier claim defended? I work for GE and i know a thing or too about the financial sector so i have some ideas about the direction i am going to take regarding Lloyds defense, but what does everyone think?

Cheers
Adam

sweetwilliam

shaza100 wrote: »

i have written to barclays asking for over £2,000 in bank charges after 10 days have recieved letter saying they are looking into my claim and will contact me with a update on there progress within 8 weeks . do i have to wait or do i take it further now? any help would be greatly recieved
,

I didn't wait. It caught them offguard and I received judment in default.
However they did not pay. A warrant was issued which should have been executed by the Bailiffs. The warrant was issued on the 20th April and still
.hasn't been executed by the Bailiff's. A letter to the Court at the beginning of May requesting to know if the warrant has been executed has been ignored. It was sent by recorded delivery.I read somewhere on this site that the Bank's bulk pay the bailiff's not to execute warrants.

LozBingley

Aboswell wrote: »

Hi, New to this forum, and 1st post:-

I am currently claiming £1080 (plus £120 for small claims court costs) from LLoyds, and they have defended my claim with (i believe) the same defence that was used and was successfull in Birmingham this week.

This is my Timeline so far:-

1.Asked for charge info
2.Got charge info - took longer than 40 Days so in breach of FSA regulations
Recieved somone elses Charge info as well as mine - Breach of DPA
3.Asked for money back - Declined
4.Asked for money back with threat of court action - Declined
5.Court procedings instigated through Money Claim Online
6.Offer of £750 recieved requiring responce within 10 days of letter (letter dated 18th april), however letter was not posted until the 1st May, so impossible for me to respond in time. I called, faxed, and sent a written decline on the morning (pre 9am) of the 2nd May.
7.£750 paid into my account as Gesture of Goodwill on the 3rd May
8.Claim defended by Lloyds through moneyclaim online
9.I have withdrawn all the £750 from lloyds and moved it to my First direct account so that Lloyds can't get thier grubby mits on it.

Has anyone else had thier claim defended? I work for GE and i know a thing or too about the financial sector so i have some ideas about the direction i am going to take regarding Lloyds defense, but what does everyone think?

Cheers
Adam

Adam, see my postings (above), also click the link below, it is VERY useful

http://forums.moneysavingexpert.com/showthread.html?t=400981

Loz