ChelseaGirl vs HSBC - Default Judgement Issued

[intersimi]

Wait until your time is up before sending it. That is what the admins advised me to do, so that is what I did.

 

My claim has been processed through Moneyclaim and I am just waiting for the court papers to be "served"

[ChelseaGirl]

I sent my Letter before action on the 12th April so they have till 26th to do something before I take them to court. Is this right or do Bank Holidays not count??

[Bookworm]

Oh, they count. You gave them 14 days, not 14 working days.

[ChelseaGirl]

Right I have done it!! Wait and see when it get's issued.

[ChelseaGirl]

I filed my claim on 26th April and it was issued on the 1st May. They have until the 15th May to acknowledge.

 

I got home from work today to a lovely little letter from HSBC

 

8th May 2006

 

Dear Miss *****

 

Thank you for your letter dated 12 April and I am sorry that you remain dissatisfied with our earlier response.

 

The contract between the bank and its customer is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to Clause 7.11 in section 2. A copy is enclosed for you attention should you have mislaid your original copy when the account was opened.

 

If you authorise a payment that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, the bank considers whether or not to make this payment and a fee is payable for this service.

 

All charges have been applied correctly and therefore as advised previously, no refunds are due. You will appriciate that it is the account holder's responsibility to monitor their accounts at all times, to ensure that these are kept in order.

 

Regrettably we are unable to agree to the removal of the default markers placed against your credit file, due to the excesses that have been seen on the accounts.

 

As a subscriber to the Credit Reference Bureaux, the Bank has an obligation to other lenders who use the data in assessing credit applications, to ensure that this information is accurate.

 

Naturally I am sorry for the difficulties that this may be causing you, but I hope you will understand why it is not possible to remove this information. However, when the excess position is cleared, this will be marked satisfied. Any prospective lender will be guided accordingly.

 

I am aware from you email of 27th April 2006, that you have now issued a claim under the county court and we will therefore await further corresponsence from them.

 

Complaints we cannot resolve can be referred ultimately to the Financial Ombudsman Service, further details of which can be found in the attached leaflet.

 

Yours sincerely

 

Mrs M E Evans

Customer Services Officer

 

I suppose I just wait for them to acknowledge my claim now???

[LouizeM]

Thats a new one. Just let it go via moneyclaim and their solicitors and see what happens. Gather your claim via Moneyclaim is below £5k? The mods recommend this as the threshold to prevent it being taken further

 

Personally, I think theyd be hard pressed to justify taking a ridiculously high amount of fees off someone in anycase.... rob dogs

 

They said theyd defend my case, but then didnt.... ignore their scare tactics

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=213

[ChelseaGirl]

Thanks, yeah it is under the 5k. I have already paid the court cost etc now anyway so I have nothing to lose letting it go all the way. I have done everything I am supposed to so I will just sit tight now!

 

Fingerscrossed!!

[ChelseaGirl]

Just a quick question. My mcol was issued 14 days ago, and they still haven't acknowledged it, when can I click the button to ask for my money back?? Do I have to wait until after the weekend or now??

[Guest Lueeze]

If you try it now, it should tell you if you can!

[ChelseaGirl]

Still at work so going to wait until I get home to double check there is nothing in the post. Ohhhh getting excited now!!

[ChelseaGirl]

Well - I have clicked "the button" and MCOL has finally update

 

Money Owed by HSBC

 

6QZ26590

 

Issued

 

Your judgment request has been accepted. The order has been sent to the Defendant.

 

 

What does this mean?? What do you think will happen now??

[overcharged_consumer]

Well - I have clicked "the button" and MCOL has finally update

 

Money Owed by HSBC

 

6QZ26590

 

Issued

 

Your judgment request has been accepted. The order has been sent to the Defendant.

 

 

What does this mean?? What do you think will happen now??

 

Methinks you've won by default. Well done - sit back and await payment. Well, check MCOL and see what they say about what happens after judgement has been entererd into. Ultimately, if they don't pay you can send in the bailiffs and if that happens, have the press waiting too!

 

OC

[ChelseaGirl]

Would be good to get the bailiffs in!! Just wait and see how long they take. I think I have 7 days to let them pay or I can send the bailiffs in. I just want my money back now. They really like to drag it out!

[ChelseaGirl]

Right been down the bank with the court papers and they didn't know anything about it. I have emailed Mrs M E Evans (who sent me the last letter) telling them that as they already know I have won the County Court Claim that I entered and asking when my account will be credited. I have also rung MCOL and apparently if they pay within 1 month then the Judgement will be removed. But if I feel that I am not going to get my money then I can send the bailiffs in today (not sure how true this is).

 

And I have spoken to someone about the show Tonight with Trevor McDonald!!

[ChelseaGirl]

Hi,

 

I have won by default and now have a judgement against HSBC, They have just rung me (Debbie Daubney from the legal team) and asked me to fax all the details of the claim to them claiming that they never got them. My friend has advised not to send them to them as they will use this as an excuse to set the judgement aside.

 

What do I do??

[Guest Lueeze]

its up to them to contact hte court me thinks, I would be reluctant too, however im not 100% sure on this...I bet they did get them! Cheeky!

 

Maybe someone has a difinative answer for you....

[Bookworm]

They'll get a set-aside anyway, whether you send them or not.

A set-aside is decided on the grounds whether the defendant would have a valid chance to defend, and therefore they will get their set-aside. Sorry to bring the bad news.

[Movingon]

Quite apart from that, they should be asking the court about details of the case; it's out of your hands now.

[simm1701]

Sounds like a new twist in them dragging the case out

 

One other thing to remember though - if a company owes you money (that has been decided by a court case) you can actually apply for their bankruptcy.

 

True at that point they just pay very quickly otherwise they have to go into recievership

 

I know an IT contractor that had to do this vs a large software company (I wont mention names) after they still hadn't paid him for 6 months

[ChelseaGirl]

They'll get a set-aside anyway, whether you send them or not.

A set-aside is decided on the grounds whether the defendant would have a valid chance to defend, and therefore they will get their set-aside. Sorry to bring the bad news.

 

But don't they need the details to do the set-aside?? They are claiming that they haven't got any details. If they get the set-aside without me sending them the details doesn't that prove they had them all along?

[ChelseaGirl]

This is all getting too much for me

[Movingon]

But don't they need the details to do the set-aside?? They are claiming that they haven't got any details. If they get the set-aside without me sending them the details doesn't that prove they had them all along?

 

LMAO indeed it does; but by the same token how do you plan on enforcing the judgement without telling them it's details?

[ChelseaGirl]

One other thing to remember though - if a company owes you money (that has been decided by a court case) you can actually apply for their bankruptcy.

 

True at that point they just pay very quickly otherwise they have to go into recievership

 

I know an IT contractor that had to do this vs a large software company (I wont mention names) after they still hadn't paid him for 6 months

 

Ohhhh I like the sound of that!!

[Movingon]

But don't they need the details to do the set-aside?? They are claiming that they haven't got any details. If they get the set-aside without me sending them the details doesn't that prove they had them all along?

LMAO indeed it does; but by the same token how do you plan on enforcing the judgement without telling them it's details?

[ChelseaGirl]

LMAO indeed it does; but by the same token how do you plan on enforcing the judgement without telling them it's details?

 

By clicking on the button on MCOL and they send the bailiffs in and show them the details