JimboJones Vs HSBtotheC

[lateralus]

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[JimboJones06]

Thanks, this helps a lot, do I need to include the court charges in my schedule of charges and letter, or just the letter?

[lateralus]

yeah, stick in on there

[JimboJones06]

Well I got my Notice of Issue and my notice of Acknowledgement through from money claim so I sent them my schedule of charges and just before sending them to the bank’s solicitors I got a letter through the post from HSBC:

 

Thank you for your letter dated 28th May 2007!!

SO they go on to say: If your claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

They then say - we are prepared to make a payment to you for the sum of £513.00 in full and final settlement of this matter. This represents our offer in respect of the charges up to and including 27 June 2007.

 

By the sounds of things they dont know I have already proceeded to court!

 

A little confused now, could somebody give me a heads up please,

 

Thanks

 

Jimbo

[lateralus]

it's like the right hand doesn't know what the left hand is doing.

once you file - you are being dealt with by dg - but hsbc still working their way through claims quite often sends an offer after you've filed.

it won't include interest or your filing fee.

you could write back and let them know you have now filed and will settle for nothing less than xxx.xx (charges plus interest plus filing fee) - they'll probably not even bother to answer your letter.

just hang in there - you'll get the lot!

[JimboJones06]

Thanks Lateralus, so I waited it out a little longer and got a letter through today from Northampton County Court which is "Notice Of Transfer Of Proceedings"

 

saying that a defence to this claim has been filed and that all further communication should be addressed to my local court.

 

Turn the page for it to say that IT IS ORDERED THAT:-

 

"1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise."

Then its signed by the judge.

 

Turn the page again and can see the Defence and Counterclaim, guidelines on how to fill in the form etc how much of the claim they dispute and number 3. Defence, and go on to sat that each and every allergation made by the claimant is denied.

 

Just making sure, I dont have to fill anything on this form in do I? its for my reference and am awaiting the Allocation Questionnaire?

 

Thanks

 

Jimbo

[jowalshy]

Nope. You do not need to fill out anything on the form. It is just a copy of the form that DG have filled out. Now you need to wait a bit longer to see what your local court will do. If you haven't heard anything after a week or so, give them a ring and ask about the AQ. Also, if there is still to be no AQ do you need to pay the fee.

[JimboJones06]

Thanks for the heads up jowalshy, when you say if there is still to be no AQ is there a possibility there will not be one? if so what would happen next?

 

Thanks

[jowalshy]

It is up to the judge at your local court. He/She may still send one out to you for completion of which you will have to pay the fee. Sometimes though you do not get one to do, but the fee is still payable so you need to ring them to check.

[JimboJones06]

Ok so after waiting a fair few weeks for a reply from Warwick County Court they have got back to me with a "Notice Of Allocation To The Small Claims Track (Hearing)" form. I have never heard of this am a little confused. The letter states as follows:

 

The papers in this small claims were considered by District Judge xxx on the 30th day of July 2007 who allocated the claim to the Small Claims Track to be heard on the first avaliable date after 8 weeks (on a date and at a time to be notified to you) with a time estimate of 15 minutes.

 

The following directions apply to this claim:

1) This case is one of a number listed at the same time. Both parties must be ready for trial at that time. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.

 

2) The claimant shall by 4.00pm on 21st September 2007 send to the defendant and to the court:-

 

a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason given (if any) for that charge being made;

b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered;

c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise;

d. Copies of decided cases and other legal materials to be relied upon

 

In default, the claim shall stand struck out without further order.

Ok so "a" im guessing would be the shedule of charges spreadsheet I filled in a while back? "b" all of my statements highlighted, date, amount etc..

c & d I am unsure about?

 

Would this also mean a court appearance? it says you can choose not to but would this in any way affect the claim?

 

Sry this had all just hit me at once

 

Thanks

 

Jimbo

[JimboJones06]

Hmmm just had a read through the basic bundle which I guess is the next step? a nice 40 page doc, so when sending the bundle to the court and DG do I need a copy of it for myself when going to court on the specific date? which will mean three copies of it - some 160 pages plus all the bank statements! its going to be a lot of paper to print, can we get any money back for this. I dont have a printer at my place at the mo as i've not long moved in, will have to go elsewhere to get it printed!

 

Still a little confused so any help would be appreciated,

 

Thanks

[freakyleaky]

The basic bundle is only part of it. It actually works out at around 180 pages per bundle so you need to find a friend with a printer. Have a read of this thread court bundles for dummies .

Just shout if you get stuck!

[JimboJones06]

Ok, I had a look through the court bundle for dummies thread (very useful! even for a dummy like me!) seems to be a lot of info that is needed . Just a little confused on what year of T&C's would be ok to include in the bundle? and what parts of the T&C I should be including, charges, going overdrawn etc? and is this the right thing I should be doing following my directions in post #60?

 

Sry for being a pest, just dont want to mess it up

[lateralus]

a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason given (if any) for that charge being made;

b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered;

c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise;

d. Copies of decided cases and other legal materials to be relied upon

 

 

yes, the bundle in full - i would do.

look in hsbc t & c and take the one closest to when you opened your account - print the whole of the t & c - whichever one you choose.HSBC T&Cs HERE (1 2 3 4 5)

 

follow the court bundle for dummies right through post 1 - title page, bound (just to keep it all together - lever arch, piece of string, whatever), indexed, pages numbered (by hand), and whole copy to dg - take the court one and have one for yourself at court.

[JimboJones06]

Thanks a lot for your help lateralus! really useful information. Would it be worth me sending a nudge letter to DG? or is it a little late in the day for that, so just get on with the bundle,

 

Thanks

[freakyleaky]

Hi Jimbo. Unfortunately dg have never taken much notice of nudge letters in the past. The only benefitt it to show the judge what lengths you have gone to in order to reach a settlement before it got to court.

I don't think it will do much good with dg but it certainly wouldn't do any harm.

Good luck Jim!

[JimboJones06]

hehe thanks Freaky! I may just send one off tomorrow to let them know my bundle will be on the way, then at least I have the letter to show that I have tried to settle outside of the court. Am I needing the basic court bundle or the full bundle and what is the difference?

 

Thanks again, I wouldnt have got as far as I am now without all you guys help!

 

Jimmy.

[JimboJones06]

Oh and am I ok to submit a couple of years worth of T&C? as im not too sure of the exact year I opened the account

[freakyleaky]

Hi Jim. The basic court bundle is just part of the bundle. if you see what I mean!

As lat says, follow the thread for court bundles right through post 1 court bundles for dummies and just come back with ant questions along the way!

[freakyleaky]

I used T&C's for 96 and 04/05! My account was opened early 90's.

[JimboJones06]

yeah I know what you mean, thanks Leaky will have a read through the thread again and see how much more I'm going to need. At the moment I have my statements, schedule of charges, the basic court bundle of info.

 

You may hear my cry again later when I come back to ask a few more questions

 

Thanks

[freakyleaky]

Just shout if you get stuck. You will always get help of someone!

[Castlebest]

I have been reading your thread Jimbo, but Lattie, Freakie and Audrey are the bundle experts.

 

pete

[JimboJones06]

Thanks for having a read through Pete, although I just looked back at my schedule of charges spreadsheet from a while back and I have made a BIG BIG mistake!! and I dont understand how I have done it! so I'm looking at the schedule of charges and with it all calculated and it comes to £974.11 with interest and court fee. I then check my claim only to find out im claiming for a different amount, im really angry with myself right now. If anything this is something they can pick up on and take me down (so to speak!) aahhh!

 

The amout im claiming for is £980.71, where did the other £6.60 come from grr!

 

Do not know what to do, any advice would be very helpful at this stage

 

Jimmy

[pinkduchess]

£6.60 is such an insignificant amount i wouldnt worry about it. if & when they pay you it will be adjusted. im sure a genuine error wont affect your claim.