Help! Reply to DEfence needed!

dmw_2

Went through the process as described on site to the point of rejecting offer from bank and filing claim legally. Lloyds Tsb have entered a defence and I have had paperwork back stating the following.

1 this defence is served without prejudice to the defendants contention that the particulars of claim is insufficiently particularised and is embarrassing. the defendant reserves the right to plead further to the particulars of the claim once they are sufficiently particularised.

Had letter re notice of transfer of proceedings from Northants to Melton which comes within the district of Leicester. Have spoken to a civil servant at Melton court who assures me I have nothing to do at this point but to wait and hear from the court. Seems odd that Lloyds are entering a defence but I have nothing to do. Especially when the defence seems to want more info than the template charges for they have already had.

Can anyone help ?

Beate

Sit back and wait for the court date and get your court bundle together in the mean time. A lot of judges dispense with the AQ these days, and frankly, it doesn't matter to you what the bank says or wants in their defence - what matters is what kind of information the court wants.

courtshy

Martin et al!Have followed all template letters and have now reached the stage of the bank filing a Defence and also Request for Further Information and Clarification............feeling very unsure of ability to handle from now on, should I find a company that are 'no win no fee' and if so, who?? Very worried about continuing in case of inability to deal with the legal-ese and possible court fees in the event of losing! Advice needed please!!

toriitom

Extract from ML's notes

A growing number of law firms have recently started jumping on the bandwagon to sort through cases. In general, I wouldn’t bother; simply do it yourself and don't bother using a law firm. However, if your case is more complex and/or you simply wouldn’t do it yourself, then bringing in a law firm is a reasonable last resort.
If you are going to use a lawyer, then ensure you don’t pay any fees upfront, or if you lose, and ensure you fully understand the charging structure.

MAP88

Hi can anyone help???

I used moneyclaim online to submitt my claim for bank charges. On the moneyclaim form I did not put my account number, date of opening account or an addtional copy of the charges, as I used the moneysavingexpert template. I recieved the bank defence today saying ' The particulars of the claim do not provide details of tha account in question and/ or the precise charges alleged to be unlawful' Have I messed up?? Or is this a normal response??

thanks

Twinkly

MAP88 wrote: »

Hi can anyone help???

I used moneyclaim online to submitt my claim for bank charges. On the moneyclaim form I did not put my account number, date of opening account or an addtional copy of the charges, as I used the moneysavingexpert template. I recieved the bank defence today saying ' The particulars of the claim do not provide details of tha account in question and/ or the precise charges alleged to be unlawful' Have I messed up?? Or is this a normal response??

thanks

Well..yes you have messed up. The templates on this site do show to include your own details and edit them as appropriate so I can only assume you misunderstood. However, not to worry, you can amend your claim at this stage to put in the details and this is info from the MCOL FAQ on how to:
Amending Claim

Edinburghlass_2

If this letter you received is from the bank's solicitor then have a read of this thread, logically speaking they do know your details or else they wouldn't have got this far with your claim.

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

If you have received a letter from the court asking these details then you need to read this thread...

http://forums.moneysavingexpert.com/showthread.html?t=415574&page=5

If it is just a copy of the bank's defence then this is for reference only and you don't need to reply to it.

dwilco69

I have filed a claim against Barclays for £3050 approx. They are defending the claim and the claim is going to court soon. I need some help if possible in mounting a defence for court and preparing the paperwork for the court hearing. How do I proceed???? Help!!! Many thanks David

Edinburghlass_2

David, read the thread you first posted in as posting the same thing in 3 different threads really doesn't help and all the information you need is in the Court Bundle thread.

vin_rouge_3

Hi,

I've just had a letter from the county court saying that the Barclays have just filed a defence. The defence is lengthy, but in summary it goes something like this:

1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Particulars of Claim are summary in nature. Accordingly this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

The rest of the defence seems to be what I'd expect (I agreed to fees in the original Ts & Cs etc). These first two parts of the defence worry me however. Any advice etc. would be much appreciated.

Thanks.

Edinburghlass_2

Sorry I moved it and started a reply but got waylaid.

This is the bank's defence and fairly standard for Barclays, you don't need to reply to it. Should the court decide your POC is not sufficient they will write and tell you and then you would need to send the court more details.

Your court bundle, should it come to that will address the points that Barclays have put in their defence.