Reclaim Unfair Bank Charges article discussion Part II

cyberman_3

Lottie's_Mum wrote: »

Can anyone give me some advice please? I am taking my bank to court via MCOL. The bank's solicitors submitted their defence on the last day (which is par for their course, so it seems), but 3 days before that I received a letter from the bank making me an offer which I shall refuse (although I have not responded to it yet). Surprisingly it was NOT marked Without Prejudice either! In the defence I received from their solicitors it states their 'Defence' and 'Request for Further Information'.
Their defence states that my claim does not disclose reasonable grounds for bringing a claim against the Defendant to recover the bank charges referred to and that the Claim is not properly particularised, so the Defendant will apply to strike out the claim.
It goes on to say that in order for me to sustain a claim that the charges debited by the bank are in the nature of a penalty, I will need to prove the clause(s) pursuant to which the charges were applied; the charges were applied due to a breach of contract by the claimant; and for me to identify each case the particular breach of contract by reference to appropriate terms of the contract that the charge related to. As presently the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that the charges referred to have been applied to an unenforceable penalty.
I have just received a letter from the court saying that the filing of an AQ be dispensed with in this case unless the District Judge at court orders otherwise.
I am unsure as to whether I ought to inform the solicitors I have received the offer letter from the bank (which I guess they know nothing about), or to send the solicitors my response to their Request for Further Information. Is there anything I should be sending the court?

Any help from anyone who has already been in this position would be greatly appreciated!!

Hi Lottie's Mum,

A solicitor that does not know what his employer is doing has to be a real joke.
HEY ... the crazy solicitor says "Further Information" ?????? You be sure to let them know it is YOU who wants further information and a complete breakdown of how they calculate their charges. What planet are these SOLICITORS living on ????

Quote from their letter
"As presently the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that the charges referred to have been applied to an unenforceable penalty"

What a lot of rubbish. THE QUESTION YOU ASK....
"PLEASE GIVE ME A COMPLETE BREAKDOWN OF YOUR CHARGES AND HOW YOU CALCULATE THEM"

You do not mention the Bank but rest assured, they are not going to be the first to "blow the whistle" on themselves or all the other banks.

SIMPLE, Let them know that you want a full breakdown and calculation of their charges. This is the question you will ask the Court

I have just read the reply from Edinburghlass above. Suggest you also follow that link

LISA68_2

Contacted Citi cards for statements on 11th April enclosed £10 cheque, cheque cashed and no response i keep phoning they state have received my letter for statements but unfortunately a large backlog in statements requests and will post as soon as possible - i think its a joke considering they have cashed my cheque quick enough.

Any advise how to go on now as i did have lots of charges £50 a month each time was added and my limit of £250 went to over a £1,000 but i only have a few statements

Thanks

jo_ray

I have a debit card account,the bank authorises every transaction i make ,but doesn't deduct half the money i've spent from available funds, i then go overdrawn, is this my fault i,ve gone over when my account says i have funds available?,or the bank refuses to honour a payment due to lack of funds, this hasn,t cost them anything so why do they charge? can anyone help? just wondering if i should push for every penny of my claim ,on the basis that they had no right to charge me at all.cheers, to all the people that read n tried to reply to my last thread,but i'm havin probs working out how to use the forum. so could you send replys to **** thanks again.

codydog78

i recieved a letter from lloyds tsb today. it's in response to the first letter from martin's templates

i quote

"..... Unfortunatelt we are unable to to look at your account with the details you have provided. please reply back with your account details, sort codes or previous addresses using the pre-paid envelope so i can identify the account you are complaing about"

i checked a the copy of the letter i sent and i had included my account number and my full name and my address. i kinda think that this is a new stalling for time tactic..............

cyberman_3

codydog78 wrote: »

i recieved a letter from lloyds tsb today. it's in response to the first letter from martin's templates

i quote

"..... Unfortunatelt we are unable to to look at your account with the details you have provided. please reply back with your account details, sort codes or previous addresses using the pre-paid envelope so i can identify the account you are complaing about"

i checked a the copy of the letter i sent and i had included my account number and my full name and my address. i kinda think that this is a new stalling for time tactic..............

You are right, stalling for time. Reply to the letter stating ..... You have replied to my letter which clearly showed the full information. I enclose a further copy which clearly shows the information requested.

Send it Recorded Delivery

mick0000

Lloyds Tsb- filed judgement by default today, gave them 14 day's to pay! even though could do with cash now, has anyone not had bank pay and had to go to bailiffs, does this cost us. (Lloyds never responed or acknowledged) so i gather court will make judgement? or wont they?

i had a joint account with wife, can i start a claim alone or do i need wife to sign letters too etc

HarriettPotter

HarriettPotter wrote: »

My boyf has received a letter from LLoyds TSB solictors saying the bank will be defending as - the fees are properly incorporated into the contract with the bank and by making payments by cheque, debit card etc and going over the overdraft there are penalties as it is breach of contract blah blah yada yada.

However, they are asking him to telephone LLoyds TSB within the next 14 days to reveiw his account and they expect confirmation from the bank that this action as been taken.

I haven't heard about people getting this letter - can anyone shed any light?

HP

Thanks for your replies. The day after, another letter from the solicitor arrived offering full settlement! How strange... still, another victory so push on people!

HP

bubbles_darling

hi folks

got a court date 10th august, so i thought i wud fone natwest up and try to get a bit of a settlement to avoid going to court. they said its to late now (out of their hands) for a neogotation as its already going to court. does any1 know a number to ring, coz i ave read on this site that banks usually do this avoiding going to court..

many thanks

Lottie's_Mum

Edinburghlass wrote: »

You don't need to answer their defence that is up to the court to decide upon. If the Request for Further Information was separate from their defence then by all means send them your list of charges even if you have already done so and use the wording you'll find in this thread which asks how come the solicitor doesn't already have this information from their client...

http://forums.moneysavingexpert.com/showthread.html?t=391640&page=8

You'll get a letter from the court should they require further information or you will just get a date for your hearing.

Many thanks EdinburghLass,that is very useful. Just one other query though: I read on another thread somewhere that I should submit a Form N244. Should I still do that, or do I simply wait for a court hearing and in the meantime only respond to the bank's solicitors Request for Further Information?

codydog78

hi cyberman,

i gonna use their pre pay envelope too!!!