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help replying to court papers


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wondering if anyone can help me replying to court,recieved papers 30th april,from howard cohen solicitors on behalf of cl finance,should i reply online defending the claim as i am in the process of reclaiming bank charges?any help much appreciated no idea what to do!

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if the sum which they are claiming from you comprised of bank charges -- or comprised partially of bank chargesthen certainly you should be defending on the basis.

 

Where are you in your bank charges claim? Have you actually started a court claim yet? Do you know how much you are actually owed in bank charges? Have you added also the interest which they have charged you on any outstanding bank charges?

 

If you are owed a sum equal to or greater than the amount claimed, then you should defend on that basis. You defend saying that the amount claim is comprised of bank charges -- and then you counterclaim for the return of bank charges. Don't forget you can only claim for charges which you have actually paid.

 

If the sum they are claiming is greater than your bank charges figure then you will have to admit part of the debt and defend on the rest.

 

Whatever you do, you must put in a defence before the time is up. This is 14 days from service of the claim on you. If you feel you need extra time, then put in an acknowledgement the claim and this will extend the time for putting in a defence to 28 days after service of the claim on you. However do not let this extended time lull you into forgetfulness because if you miss the deadline then they can apply for a judgement and it will then get complicated to have to try and get the judgement struck out.

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as i am only claiming back about £70 and i owe them £919(inluding court fee+solicitors costs) should i just agree with the claim to save a lot of messing about?sorry but really dont know what to do!

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Be very careful here, others will give advice on what to do next, but, this lot are very quick to push things through and have even been known to write to you and tell you that the Court has granted an order that you are to pay £50 per month to them. If you get such a letter, be very wary as it may not in fact have gone through the Court Process!

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