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Reclaim Unfair Bank Charges article discussion Part II

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Comments

  • jayneg_2
    jayneg_2 Posts: 100 Forumite
    Practically everyone in the A&L thread, have a look in the Reclaim Help Thread and you'll find the link there with other users experiences of A&L>


    Hi Edinburghlass

    Sorry to direct this personally but could really do with some help.

    I have read up on court bundle and I have got three copies ready with front sheet and all numbered etc. I have included everything the "basic court bundle" says should go. I am confused as to whether I include a statement of evidence. I read the thread on basic directions for small claims - which is what is stated on my court order - and that doesnt mention statement of evidence. However, I dont want to leave it off if its needed. I have to post my bundles this week to adhere to deadline - would really appreciate any help you can give or point me to right thread - Cheers JayneG
    Nat West - MCOL March - FatWest defended - hearing date 4 July - 2300 claimed and still having charges put onto account!!

    HSBC - sent 14 day - still waiting for reply. MCOL by end of week - claiming 795 - eventually paid out £560.

    Halifax - sent for statements Feb - cheque cashed - nothing received - reported to FSA - paid up almost amount claimed before official complaint registered with FSA
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Won't do any harm to send it along with the rest.
  • roysal
    roysal Posts: 29 Forumite
    Hi everyone, have been having a good read of bits and pieces on this site. Fascinating reading I have to say, but have come across one post about defence information received from solicitors and what to respond to.

    I had defence from Cobbetts and got Request for Further Information and I responded with standard CPR Part 18 letter, but have just been looking at their defence. Am I right in thinking that I only have to respond to issues in their defence paper if and when we go to court. For example - one point says that I am to put strict proof of every charge, the date of the charge, the amount of charge and description of charge. I have already submitted to both solicitor and Northampton copies of my charges list using the online calculator, but this detailed description, will that be part of what I take to court - if and when I go?
  • LozBingley
    LozBingley Posts: 580 Forumite
    roysal wrote: »
    Hi everyone, have been having a good read of bits and pieces on this site. Fascinating reading I have to say, but have come across one post about defence information received from solicitors and what to respond to.

    I had defence from Cobbetts and got Request for Further Information and I responded with standard CPR Part 18 letter, but have just been looking at their defence. Am I right in thinking that I only have to respond to issues in their defence paper if and when we go to court. For example - one point says that I am to put strict proof of every charge, the date of the charge, the amount of charge and description of charge. I have already submitted to both solicitor and Northampton copies of my charges list using the online calculator, but this detailed description, will that be part of what I take to court - if and when I go?

    They want you to provide copies of the statements - send a copy to their solicitor - fax it to them with a covering letter is the best way as you save postage and work can pay for the fax ;) Be clear to state in your covering letter that you want "a detailed breakdown of the cost of administering the charges made to my account. I will also be asking the court to consider these costs when they rule in my favour, and as such failure to provide this detailed information to me will result in my asking the court to apply for the information as any charge should not exceed the cost of the breach of the contract." They should come back to you with a better offer quite quickly! :) Also fax the letter and statements to the bank (if you can) as I'm sure the solicitors don't give detailed reports back to the bank on how cases are going, the bank may think twice about taking you to court too and again this could provoke a better offer :D
    Got It & Spent It :dance:
    IKEA CARD = £120 charges = £175 received (146%)
    MARBLES = £450 charges = £370 received (82%)
    I.F. = £494 charges = £494 received (100%)
    CAPITAL ONE = £981 charges = £1,489.03 (152%)
    BARCLAYCARD = £580 charges = £786.12 (136%)
    On Hold :mad:
    A+L = £722 charges (target = 147%)
    BARCLAYS = £1,405 charges (target = 128%)
    BARCLAYS = £175 charges (target = 140%)
    ABBEY = £3,220 charges (target = 148%)
  • LISA68_2
    LISA68_2 Posts: 59 Forumite
    Twinkly wrote: »
    You are pretty much being fobbed off yes. You can proceed to the next stage now they've had adequate time to resolve the issue. Good luck :)

    Thanks twinkly i shall now proceed oh goodness was hoping didnt have to do this
  • jayneg_2
    jayneg_2 Posts: 100 Forumite
    LISA68 wrote: »
    Thanks twinkly i shall now proceed oh goodness was hoping didnt have to do this

    CAN SOMEONE GIVE ANY ADVICE - NEED TO SEND COURT BUNDLE LATEST THIS THURSDAY!!

    I have put the interest on charges up to the last charge claimed for ie 31 January 2007. How do I now calculate the up to date interest on top of that. I also have a further 300 charges since starting my claim. I have put this in letter to court/solicitors with bundle but havnt included interest or costs. Is there a further form I need to fill out to claim this? I have seen somewhere an order for "wasted costs". Is this something I should include with my court bundle. Need to get this out in next couple of days so would really appreciate any help JG
    Nat West - MCOL March - FatWest defended - hearing date 4 July - 2300 claimed and still having charges put onto account!!

    HSBC - sent 14 day - still waiting for reply. MCOL by end of week - claiming 795 - eventually paid out £560.

    Halifax - sent for statements Feb - cheque cashed - nothing received - reported to FSA - paid up almost amount claimed before official complaint registered with FSA
  • millielotus
    millielotus Posts: 44 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The time scale of my claim is painful. To put it in a nutshell sent the very first letters of to Barclays last October, took til March for Barclays to defend, had a letter from the county court 30th April saying about each party to supply each party with documents etc but still no court date set!!!!!!!!!!!! So here I am in the eighth month. Never expected it to take so long. Anyone else finding it taking so long??????????
  • theozziend
    theozziend Posts: 64 Forumite
    The time scale of my claim is painful. To put it in a nutshell sent the very first letters of to Barclays last October, took til March for Barclays to defend, had a letter from the county court 30th April saying about each party to supply each party with documents etc but still no court date set!!!!!!!!!!!! So here I am in the eighth month. Never expected it to take so long. Anyone else finding it taking so long??????????

    My first letter to Barclays was in November, they took all the time they were entitled to at every stage. Have got a court date of 16th July, which came through in April. I suppose it depends on how busy your local courts are. I too did not expect it to take so long, but I guess as this gains momentum the courts are going to get pretty jammed. I must admit I am getting very nervous that I have not done everything right and the courts will throw it out! :eek:
  • I have just won my claim against Halifax. I applied with Money Claim Online to take them to court but they paid up before the 28 days was up.

    I was just wondering if I need to do anything with the claim on the Money Claim website? Do I need to delete it or do I just leave it sitting there?

    I'm worried I may get charged or that it may still proceed to court even though they have paid me my money.

    Please help.

    Thank You
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Jasper83 wrote: »
    I was just wondering if I need to do anything with the claim on the Money Claim website? Do I need to delete it or do I just leave it sitting there?

    Write to the court and let them know the claim has been settled to your satisfaction.
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