Bank charges

[freakyleaky]

Hi, this is my first posting.

I hope I will be able to contribute to the users on this site in the future being able to draw on my expeirience of claiming bank charges back from 2 accounts. The first claim for £2600 was sucsessful without it getting to the courts. It was easy!

The second attempt on a different account is turning out to be a nightmare and has been on-going since december 06.

I am in the process of claiming charges back on my hsbc account. I used martin lewis' site for all the templates and links as I did not know of this one at the time. I have now reached the stage where the hsbc has put in a defence to my claim and the case is being transfered to my local court. I was under the impression that I would receive an allocation questionaire together with a copy of the banks defence but this is not the case. Instead I have received an order stating the following "The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of tranfer orders otherwise"

"NOTE: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order."

I have no idea what I am supposed to do next as there is no instruction as to the next stage.

Can any one help me please?

I now feel completely out of my depth and feel like giving up with this one.

[MARTIN3030]

Welcome to the site.

Firstly do not think of giving up you have done well so far.

There can be a couple of reasons for this .

How much is your claim for ?

So this order has come from Northampton ?

[freakyleaky]

Hi, thanks for your quick response. The claim is for 3035 and yes it has come from northampton.

[freakyleaky]

Hi, thanks for your quick response. The claim is for 3035 and yes it has come from northampton.

[Michael Browne]

I'm not sure, but I would think this is becaues the courts are getting swamped by claims and judges are pi**ed off with the banks spinning out the process, creating plenty of work for the courts and then settling at the last moment. This is a way of shortening the process, making less futile work for the courts and hopefully getting the banks to settle quicker.

 

Any other opinions?

[freakyleaky]

Thanks Michale, so do you think that this is to my advantage? I really do think that I am thick at times.

Also do you know if I have to do anything now or do I wait for more information from the court it has been transfered to? Just a bit worried that I might be missing a deadline or something!

John.

[MARTIN3030]

Yes this is my thoughts too.

As its well under 5k they will have looked at your partics and seen that its a certainty for small claims anyway.

Not only should this speed up the next stage of a hearing being given.......also saves you 100 quid too !!......I dont think the defence would dare ask for a set aside of the order.

You should need not do anything now....next thing should be a hearing date,unless there is any orders made for you to supply further info...(usually only called for from Cobbetts or Barclays defence teams )

[LOFTYB]

Hi, this is my first posting and have just started to make a claim which I am finding confusing at the moment!

[freakyleaky]

Hi, it is quite confusing to start with but as long as you take all the advice you can get from this site you will be ok. One step at a time and don't rush it.