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Old 15-10-2008, 09:53 AM
tifonet tifonet is offline
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Default re : court/claim procedure

I am about to take the step and issue my first credit card claim, after hitting a (hard) brick wall with the Ombudsman many times.

In many cases, the bank has offered to pay the refund to the DCA even though it has never been a part of the account during the period claimed or the complaint at the FOS.

The FOS has refused to discuss the matter further or contact the DCA, even though they have stated my account with them is a separate matter and no concern of the bank, then said it is fair for the bank to pay them.

This leaves no choice but to now take the bank to court.

What i am asking is the court procedure. What do i send with the N1, other than a POC of which i have samples?

Could someone explain the court procedure to me and what would be required to be sent/received at each stage, so i don't mess things up?

Thanks.

Last edited by tifonet : 15-10-2008 at 10:40 AM.
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Old 15-10-2008, 12:38 PM
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TANZARELLI TANZARELLI is offline
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Originally Posted by tifonet View Post
I am about to take the step and issue my first credit card claim, after hitting a (hard) brick wall with the Ombudsman many times.

In many cases, the bank has offered to pay the refund to the DCA even though it has never been a part of the account during the period claimed or the complaint at the FOS.

The FOS has refused to discuss the matter further or contact the DCA, even though they have stated my account with them is a separate matter and no concern of the bank, then said it is fair for the bank to pay them.

This leaves no choice but to now take the bank to court.

What i am asking is the court procedure. What do i send with the N1, other than a POC of which i have samples?

Could someone explain the court procedure to me and what would be required to be sent/received at each stage, so i don't mess things up?

Thanks.
I have pm'd you some info. Process is same as for bank charges other than you wont get stayed or if you do you shouldn't and should request its lifted.

N1 - POC - File at Court (don't use MCOL as chances of it automatically getting stayed increased) - 3 copies of N1 and POC - Fee paid unless exempt.

Here is an example of the timescales:

1st June > issue date

5 days >

6th June > deemed served date

within 14 days >

20th June > they must acknowledge (or you win by default)

+ 14 days = 28 days >

4th July > they must enter their defence if they have acknowledged (or you win by default)

HTH Tanz
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