Thanks Tilly!

Hi folks, The court has asked me to submit more information to support my claim. This includes a fresh set of particulars and a spreadsheet listing all the charges (even though I have already sent those!). In the original spreadsheet I simply stated the amount and date of each charge. I was about to add a new column to include the type but on my statements the charges are merely listed as "charges as notified". Does anyone know if it's okay to put this on the spreadsheet or do I need to find out what exactly each charge was for? Thanks again, I.

Hi Michael, Can I request that you add an additional field to this page? In the Claimant Details section you do not mention that there is a field entitled "Service Address for sending documents and payments" under the address details section. For those based in Scotland this is very important (as I have found out to my cost). If you are filing a claim on MCOL and your registered address is in Scotland you must put the Scottish address in the first "Address Details" field. In the next field entitled "Service Address for sending documents and payments" field you must then place an address in England or Wales. If you simply place the English address in the main address details section the bank's defence will suggest they do not recognise you.

Yeah, I sent the spreadsheet to MCOL after filing my claim and I sent a copy to the bank (for about the third time!!!). I suspect the court copy may have gone missing, which is always a risk if you go through MCOL as you have to send it separatley to the particulars. I have saved the spreadsheet though so will just send it again. Fingers crossed.

Hi folks, The judge has asked me to file a new particulars of claim and a break down of each charge, "specifying the date, amount and type of each charge claimed", copying in the bank. I had actually done all that already but I will send again. It sounds pretty straightforward but if anyone else has been in this position, words of encouragement or help would be appreciated. Cheers, I.

Hi everyone, the bank put in a four point defence to my claim but the AQ was dispensed with. I called the court today to find out what's happening and they say the judge has requested more information from me (a letter from the court is on its way). So the fight goes on. The case was issued on 16/5 It was deemed served on 21/5 It was acknowledged on 22/5 It was defended on 15/6

Thanks for the advice stevokenevo. I have been told to write to both the court and the bank. Hopefully all will be well in the end. I'll keep you posted.

Thanks for the advice. I think you're right. I'll give it 24 hours (for others to offer up any thoughts), then I'll try going down this route. Fingers crossed.

I did receive replies, but that was before court action was lodged. This problem arose when I lodged a claim on MCOL and incorrectly entered the English address in the "main address" section as opposed to the "service address for correspondence" section. It's my fault. I'm just wondering if there is any way around it?

Yes, I've been through all these procedures but they have now defended.

I filed a claim on MCOL on behalf of my mum (against HBOS), using a friend's English address. I did not refer to her Scottish address at any time, and used the English address in the main address section. I have now discovered I should only have used this address in the "service address" section. The bank have now defended saying the "Defendant is unable to establish which account the Claimant's claim refers to as the Defendant does not hold any record for the Claimant at the address stated on the form". It then says the "Defendant reserves the right to plead further to the Claimant's claim if further particulars of claim are provided". Can anyone tell me what to do next. Have I made a monumental balls up?

Are there any experts out there? I filed a claim on MCOL on behalf of my mum (against HBOS), using a friend's English address. I did not refer to her Scottish address at any time, and used the English address in the main address section, rather than in the "service address" section. The bank have now defended saying the "Defendant is unable to establish which account the Claimant's claim refers to as the Defendant does not hold any record for the Claimant at the address stated on the form". They also say "the claimant has failed to specify account details" but I gave them my sort code and account number. It then says the "Defendant reserves the right to plead further to the Claimant's claim if further particulars of claim are provided". Can anyone tell me what to do next. Have I made a monumental balls up? Thank you, Iain.

These will explain all...... http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

Haha. It looks like it. I found this in the Nationwide section. It appears MCOL are struggling to cope so to others in the same boat, the message seems to be don't panic. "Nationwide put in a defence on my claim on the 28th day on 30th May & I haven't heard anything either. After a week I phoned MCOL and they told me they were six working days behind, last Thursday I phoned them again & they advised that the paperwork had been sent to my local court & I would hear direct from them not MCOL on Tuesday or Wednesday this week (two weeks after the defence was put in). I think the delays are due to the massive numbers of claims going through the courts (1000+ with MCOL alone each day). I panicked about the delay last week & a few posters quite rightly told me to chill, which I started to do a couple of days ago & I now found that my nervous twitch has gone! You will hear shortly I am sure & then Nationwide will get round to refunding you!"

I am now more confused than I was when I started. The case was issued on 16/5 It was deemed served on 21/5 It was acknowledged on 22/5 It was defended on 15/6 It is now 23/6 and I have heard nothing. Don't worry. I will call MCOL and HBOS on Monday for an explanation.

:? But I'm claiming in England!!!

Erm, thanks. I'd already looked in there (and virtually everywhere else before I posted). In any case, as far as I know you can't claim via MCOL unless you use an English correspondence address so the Scotland forum isn't much use as I'm technically claiming in England.

Hi, I'm claiming in England using a friend's address. Claim issued with MCOL on 16 May.

Try ringing MCOL, the bank or the local county court? Hmmm. I will try them all on Monday. The only thing I gave my mum responsibility for was checking and itemising all the charges on her old statements. What if she has claimed too much? Does that mean we are screwed? Anyone?

Hi folks, I am reclaiming £4500 on behalf of my mum. I've gone through all the motions re letters and MCOL and stuff and last Friday (June 15) the bank defended, claiming they "dispute the whole amount you have claimed". Eight days later I haven't heard a peep out of anyone. Should I chase the baddies? Cheers, Iain.

Hi, I have recently launched court proceedings against HBOS for £4000 using MCOL. I am about to make a similar claim for £1500 for my dad. For the first claim I used my friend's address in England and I put it in the main "address details" section (I did not make any reference to my address in Scotland). However, I've just noticed that there is also a section for "service address". Given the fact I don't actually live in England, should I have put my Scottish address in the main section and my friend's English address in the "service address" section? Will this pose problems for me if it reaches court and should I change the way I fill in this section for my dad's claim? Any help appreciated. Cheers, H.

That's great. Many thanks for the advice Annie. I'll launch the claim on Monday and take it from there. EDIT: Another quickie: did you send the claim to their Trinity Road, Halifax address???

Hi guys, I was advised to read this link by maroondevo52 and it's been so helpful, so, Annie, thanks for sharing your experience (and well done!!!). I am in the process of claiming back around £4500 for my mum (I'm going to start court proceedings using an English address on Monday). The Bank of Scotland have treated her terribly. She was in tears on the phone a few moments ago because HBOS have charged her another £100 for unpaid direct debits. I'm determined to get her all the money back. Anyway, I wonder if you'd be kind enough to answer some of my questions? Everything is all very daunting at the moment. 1) All my letters have mentioned five years worth of charges. Seeing as I'm going down the English route can I claim six years without first warning the bank? 2) She's been hit with around £200 worth of charges since the LBA was sent out. Can I add them to the claim I make to the court without first warning the bank? 3) If I do claim six years the total charges will be around £4500. But if I add 8% interest (as I did in my letters), this will bring it over the £5000 threshold. Is this a problem? Should I just claim £5000. 4) So far I have addressed all the correspondence to my mum's branch in Scotland. If I claim in England should I address the claim to the HBOS head office in Halifax? Does it matter? 5) I am also going to be reclaiming about £1500 for my dad's business account. He was a self-employed gardener. Can I go down the same route? I'm sorry if I've gone on a bit. Thanks for taking the time to read.

Hi, I am about to start court proceedings on behalf of my mum against the Bank of Scotland for £4500 (including interest). I have read dozens of threads on this site and it seems the simplest way forward is to claim via the English court system. I have a mate in England who is willing to let me use his address for the correspondence (even though both warning letters thus far have been from her address in Fife). Firstly, do you recommend going down this route. Secondly, is it best to claim via the MoneyClaim website or should I just fill out an N1 form and send it off to the county court in Berwick? If I send it to Berwick, do I need to use an English address? So far I have addressed all correspondence to her branch in Scotland. If I claim in England should I address the claim to the HBOS head office in Halifax? Does it matter? Finally, my letters up to now have quoted five years worth of charges (and interest). If I claim in England can I add a a sixth year on without first writing to the bank to warn them? Any advice would be greatly appreciated. The Bank of Scotland screwed my mum when she was at her lowest ebb and really struggling to make ends meet and I'm determined to get this money back for her. Cheers.