People who know about claiming bank charges back.. please read here! (And/or Legal Bods would be good...)

[ShinyHappyPurpleSeveredHeads]

Hi

My friend (not a MN member but who who prefused the threads in question by Tigermonth et al and followed the advice contain therein!) got to the stage where, firstly, she was offered £800 as a "goodwill" gesture re the £2,200 she was claiming back from Natwest. Secondly, she decided not to accept and registered a money claim online, as advised on the website the thread was linking to.

Now she has had a Notice of Transfer of Proceedings issued to her enclosing an allocation questionnaire. The defence is worded as follows:-

1. The Defence is filed and served without prejudice to the right of the Defendent to apply for summary judgment in respect of and/or to strike out the Particulars of the Claim.

1. The Defendent is embarassed by the lack of particularity in the Particulars of Claim to the extend that the Particulars of Claim fail to disclose reasonable grounds for bringing a Claim against the Defendent. In particular:

2.1 The Particulars of claim set out no facts indicating what the calim is about, are incoherent and do not disclose any legally recognisable cliam against the Defendent.

1. The Defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendent will apply to the Court for an order striking out particulars of Claim.

1. The Defendent reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed ir any relief whether as pleased or at all.

Dated the 11th Oct

Statement of Truth

The Defendent believes that the facts stated in this defence are the truth. I am duly authorised by the Defendent to sigh this statement.

(that was the end.. it's me again now..)

So can anyone advise as to what she should do/say next? She thinks they are trying to scare her, with legal jargon, into letting it drop, ie not responding within 14 days. When she filed the Small Claim online it asked for a BRIEF description of the claim but that she used to legal terms as specified, which is what she did. They obviously know what this is all about.. what's the point of the above? Why is it worded so facetiously, ie that the .."Defendent is embarassed by the lack of particualrity.." blah blah..

Hope someone can advise.. thanks

bump

tbh I think you might be better off raising this question in the forums where the claimback community are working IYSWIM... you will get miles more relevant experience there.

hth

What do you mean hub? The site where the advice about what letters to write is? (very bad grammar in the sentence I feel ) I didn't know it had forums..

they are trying to scare your friend. i would try searching for money saving expert. also look up the small claims court in the web that should give you an idea what the are getting at. i thought that once it was lodged then you just waited until it was called

Yes, shiny. There are forums where this is discussed. They have standard letters etc. and I imagine the bank's reponse to the claim has probably been addressed IYSWIM.

I do not know if these sites are particularly amazing, but I bookmarked:

here

and here

This is Martin / Money Saving

Also, there's a great big long MN thread (still active) where those involved in this might have better contacts / advice (I haven't commenced anything, just had a cursory read).

hth