how to take legal action against hsbc?

[Andyorch]

Without trial, can these be a disadvantage for me? More like an Advantage

And with the N225 is it for the whole amount, and the judge doesnt decide on the amount, so in my case £5k?

Correct you enter the amount you claimed for on the summons if you didn't enter an amount then you would use N227.

Assuming you made a PT8 Claim?

 

Andy

[noddy997]

Correct you enter the amount you claimed for on the summons if you didn't enter an amount then you would use N227.

Assuming you made a PT8 Claim?

 

Andy

 

What is a PT8 claim?

 

I made the claim via MCOL, it went to HM Northampaton, now its allocated to Nottingham County Court since Im from Notts.

[Andyorch]

If you submitted vis a MCOL with a claimed amount then its the N225 you complete.

 

Andy

[Andyorch]

If you submitted vis a MCOL with a claimed amount then its the N225 you complete.

 

Andy

[noddy997]

If you submitted vis a MCOL with a claimed amount then its the N225 you complete.

 

Andy

 

Cheers mate, Ill pop down the court tommorow, hoping HSBC havnt done anything yet.

 

Seriously, wish me luck, its coming to a close now and hope I get the full whack £5k (the bigger the better for everyone, CAG gets a bigger donation )

 

Also on the N225 do I add the court costs etc? And would I add the £45 ammendment cost as well or not? (As the ammended was my cock up) but I add the £100 for the initial start off?

[Andyorch]

You add the Court fees ....with regards to Costs did you request them within your P.O.C?

[noddy997]

Yes the £100 for the initial POC I did.

 

But the ammended didnt include the £45 for the cost of ammendment.

[Andyorch]

I would forgo the £45 just the fees and the £100.00

[noddy997]

The £100 is the only fee.

 

The system on MCOL site did it automatically, I added claim amount £5000, and it added the £100 itself.

 

I dont know if there are costs such as to enforce judgement and so on and whether I can recover them?

 

Oh am not bothered about the £45!

[Andyorch]

You can recover extra costs of enforcement later......just the summons amount + £100 on the n225 for now.

[noddy997]

yeah sorted, and its 14 days in all aint it not 14 working days?!

 

Would you know how many days it takes for the N225 to be enforced, as in how many days do HSBC get to respond or whatever once the N225 is submitted?

[Andyorch]

yeah sorted, and its 14 days in all aint it not 14 working days?! Just 14 days

 

Would you know how many days it takes for the N225 to be enforced, as in how many days do HSBC get to respond or whatever once the N225 is submitted?

Depends on the workload of the court...no idea sorry.

[Andyorch]

yeah sorted, and its 14 days in all aint it not 14 working days?! Just 14 days

 

Would you know how many days it takes for the N225 to be enforced, Depends on the workload of the court...no idea sorry. as in how many days do HSBC get to respond or whatever once the N225 is submitted? They may try to set a side but they will have a restricted time of 7 days after judgment

 

Regards

 

Andy

[noddy997]

"They may try to set a side but they will have a restricted time of 7 days after judgment"

Do you mean for paying me? Or for responding to the N225, or can they not respond to the N225 as in submit their defence? As once the N225 has been submitted then its too late?

Cheers.

[Andyorch]

No...set a side the judgment once you have submitted your n225...they cant respond to the N225 this simply requests the court to apply the default judgment.

 

Once judgment has been passed they have 7 days to set a side...if they think they have suitable grounds.

 

Andy

[noddy997]

Went to court today, and they said they cant take my N225 as DG have wrote to the judge and there has been an extention but its quiet contracdicting. I have uploaded the letter from court which I also go in the post today as well.

 

It says 1) I need to submit the ammended claim by 9th Nov and 2) the defendants have up til 28th Nov to submit or respond.

 

HOWEVER, I submitted my defence on 03/10/12.

[Durkin]

WOW. That seems pretty corrupt to me, them being allowed to "write to the judge" and you not even knowing about that and having the opportunity to object.

 

Tell your MP and get CAB involved. Why didn't the court advise you on this? It seems well dodgy.

 

Sorry to hear that the bank are dragging this out. That's what they do. It needs to stop. It seems you're the chosen one.

[noddy997]

WOW. That seems pretty corrupt to me, them being allowed to "write to the judge" and you not even knowing about that and having the opportunity to object.

 

Tell your MP and get CAB involved. Why didn't the court advise you on this? It seems well dodgy.

 

Sorry to hear that the bank are dragging this out. That's what they do. It needs to stop. It seems you're the chosen one.

 

What do you mean the chosen one?

 

Well surprsingly they sent a letter out today, I got the above from court today, and when I was there postman came round and I got the exact same thing.

 

Woman at the office said I cant accept N225 since Judge has postponed it. I flipped there and then I said "I submitted the ammendments to the defendant on 03/10/12, which ammendments you wanting me to submit?"

 

She was like you will have to write into the court and ask for this.

 

The system is hell bent!!

 

I thnk at this rate I wont be getting anything, they are taking advantage because I dont have a legal rep! I think I need one but cant afford one since Im not working!

 

Am just thinking that the whole evidence and case might fall against me and I get nothing, this is pathetic honestly...

Edited October 18, 2012 by noddy997

[Durkin]

What do you mean the chosen one?

 

 

Perhaps you didn't see the movie but it's a great honour. You seem to have been chosen to lead the 21st Century assault against bullying bankers!

 

Don't sweat. All you need to do is keep in touch with the court and do whatever they say.

 

You're doing fine. It's just a shame that it is dragging out so long. If you do feel like you need help, CAB should have a lawyer for free for you.

 

There's a big difference between the judge postponing things and postponing things in response to the defender without consulting you. The latter shouldn't be allowed at all.

 

You should still get £5K + expenses. It's now been delayed it seems.

 

It's not easy keeping cool but try and get on good terms with the people at the court. What did she say you have to write in for? I had understood the amended claim has already been submitted.

 

We're here to help too.

 

Well done for sticking it out.

 

Richard.

[noddy997]

Mate you need funds to stand against the big banks (You read how starbucks are evading tax?!) We cant compete with these chaps.

 

I am fuming right now, my BP is high.

 

One member on here, Mike, was saying there is a chance you might not get anything.

 

The court person said you can write in and ask why it has been delayed and what letter DG wrote to judge.

 

Yes the ammended claim has been approved and submitted, on the 03/10/12 (Date of service) was sent out on 02/10/12 with guaranteed special delivery, unless this is a mistake I made and DG told the judge?!

 

Furthermore, if you read the uploaded PDF from Court, it says to "submit ammended claim by 09/11/12" however I have ALREADY SUBMITTED it!

[Mike_hawk]

Noddy

 

 

Did you file the N215?

[noddy997]

Noddy

 

 

Did you file the N215?

 

N215 Certificate of Service?

 

Yes I bloody did! (I even copied and attached N9, N9A and N9B forms as well as the receipt of the special delivery and printoff from royal mail website stating documents delivered to DG at 8.45am or whatever time it was and a copy of the letter I wrote to DG saying I am serving the ammended particulars as requested by court, and counter offered them in that letter too!) I said this to the counter woman, she says it is on the system but the judge is decision is the judge's decision.

 

Mind you HM Northampton are a lot better over the phone providing advice, and the ammended particulars got approved over there! Hope it dont go pear shaped here...

 

I just dont understand what could be in the letter from DG that gives them exactly 6 week extension :S I am going to write a letter tommorow and hand it into the court... that will probably take 6 weeks to be looked into.. then its xmas so this is being pushed well into the next year...CAB have queer working rules, you got to get advice over the phone or book an appointment which can take ages!!

Edited October 18, 2012 by noddy997

[Durkin]

You're doing well although it might not seem like it. High BP isn't good. Hopefully, you'll not experience a panic attack over this. (It feels like you're going to die - but you don't! Not pleasant at all apart from the part where you don't die!)

 

When you finally get the judge to award damages in your favour it will benefit thousands of folk. You should be proud of what you're doing.

 

Your court does seem a tad sub standard but it's what you have and you need to deal with it as best you can.

 

Booking an appointment is definitely the best way with CAB despite taking ages.

 

You should ensure that the court has your amended claim. It isn't clear that they accept that they have it.

 

Yes, definitely try and find out if the judge has been dealing directly with the defenders behind your back. This seems most irregular.

 

Try and live a little while you're waiting. It can feel like ages. It sounds like they'll set up a hearing around 28th November that will hopefully be before Xmas. Just keep in touch with the court.

 

You seem destined to be part of legal history! Enjoy.

[noddy997]

You're doing well although it might not seem like it. High BP isn't good. Hopefully, you'll not experience a panic attack over this. (It feels like you're going to die - but you don't! Not pleasant at all apart from the part where you don't die!)

 

When you finally get the judge to award damages in your favour it will benefit thousands of folk. You should be proud of what you're doing.

 

Your court does seem a tad sub standard but it's what you have and you need to deal with it as best you can.

 

Booking an appointment is definitely the best way with CAB despite taking ages.

 

You should ensure that the court has your amended claim. It isn't clear that they accept that they have it.

 

Yes, definitely try and find out if the judge has been dealing directly with the defenders behind your back. This seems most irregular.

 

Try and live a little while you're waiting. It can feel like ages. It sounds like they'll set up a hearing around 28th November that will hopefully be before Xmas. Just keep in touch with the court.

 

You seem destined to be part of legal history! Enjoy.

 

Brother, I wish so my life generally is ****e at the moment. Finished uni 6 months ago aint got a job, cant afford graduation next month. The house I bought last year which HSBC's default caused a chaos, is completely crapt he tennants i always got in there are tossers and council say am liable for council tax since its HMO when it aint. Maybe it was a sign from God not to buy the ****ehole!

 

On topic, I am writing my letter right now and going to hand it in today.

 

I tried ringing CAB the line is always busy its like they just got the 1 line and no waiting sevice.

[Andyorch]

Post a copy of the letter to your thread Noddy before you submit.

 

Regards

 

Andy