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Site Team
Cagger since
Jun 2006
I am in 10 Miles Final
Posts 12,328
Re: help filing in moneyclaim
Hi Mackie
Have you followed the tried and tested procedures here first?..
Going straight to MCOL is not the way to go.
Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back
Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.
You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.
There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.
Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.
When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.
If you any questions please do come to the forum and we will only be too happy to help you!
Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.
Remember: The Ark was built by amateurs-The Titanic by professionals.
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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
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ukaviator
Great piece of advice and excellent information just one area of assitance would be appreciated
Once you have completed all the MCOL information and you here nothing from the banks and the court date comes and goes, file for judgemnt by default, great.
what happens if the bank decides to 'request to set aside' the judgement is there any guidance notes for this and the steps need to resolve this issue.
There are two of us in a similar position and we rack our brains looking for the help and guidance
Site Team
Cagger since
Jun 2006
I am in 10 Miles Final
Posts 12,328
Re: help filing in moneyclaim
Hi Bjberry
That probably won't happen. The banks have not gone to court yet over bank charges. You file, they acknowledge, sometimes a defence is filed by them. They just then pay up after a short while. Always be prepared to go through with court though, you never know.
I have followed all the other steps and i am now waiting to a response to the letter telling the bank that the next step is taking them to the small claims court l just did not want to get to this stage and fill the forms for the court in properly. do u think it is best to go on line to moneyclaim or to go to your local court and file a small claims.
After acknowledgement the bank has 14 days to submit a defence. Please note that defences are frequently submitted at or just after the last minute and that a late defence (by a day or so) will often be accepted by the court.
my bank acknoweged my claim on the 14th february when l telephoned the help no at money claim they informed me that l could not enter a judgement by default until the 13th of march l am completely confused now.
Site Team
The Consumer Action Group Cagger since
May 2006
I am in St.Helens Merseyside
Posts 30,096
Re: acknowedgment of claim
Makie please start a thread in your bank group
All advice and guidance offered is done so without liability,and is personal experience and views only.If in doubt seek professional help from a legally trained professional.
I have received a letter from cobbetts they have entered a defence and they are also asking for further information. Can someone help me as to what l have to do this is what they have asked for.
This request is served pursuant to CPR part 18 alternatively with regard to CPR Rule. 27.2(3)
The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.
You are asked to provide a response to this request in accordance with CPR part 18 by 23 March 07.
In the event aht you do not provide an adequate response to this request by this date (or such other date as my be agreed with the Defendants solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim.
Please provide the following particulars in support of your claim.
In relation to each charge please identify (a) the date when the charge was charged. (b) the amount of the same and (c) the reason given for the charging of the same.
In relation to each charge, please clarify the following (a) is it the case of the claimant the same should not have been charged? (b) if yes please explain why the claimant contends that the same should not have been charged? (c) if no is it the case of the claimant that the same should not have been charged in this amount. (d) if yes please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) if no please state the claimants case.
Any advise offered is my own opinion, and if in doubt, always seek clarification.
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I am with Nat west bank
But l am now at the stage that the bank have entered a defence and l need help with the information that they are asking for it is around the CPR 18 can you help me with this
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