Nettyg v Hsbc ***WON***

[nettyg]

lats you really are a 'guardian angel' a great big group hug from all of us xx

[nettyg]

Hi Netty. Sorry to hijack your thread to speak to rundll, but you have an N150 don't you? Mine's an N149, so ....

 

Rundll, do you have an N149 and, if so, what are you putting in section G?

 

Lateralus, add me for the 3rd March. Seems a very busy week for DG.

 

right.. hold tight and i'll find mammie lats' link for N149

 

AQ info

first link is a step by step guide to fillng out the aq and second link - it's posts 2 and 3 you need, specifically. for section g on the aq, use the wording on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages.

simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

[rundll]

Hey verytrying, I havent really looked too much into it yet. Ive set aside tommorow to do it all from start to finish. I do have the N149 however.

 

Just glancing at it it says set out any other information you consider will help the judge manage the claim, including info that should be supplied by the other party. I imagine that here would be a good place to say the other party should supply a breakdown of the costs they incur everytime someone goes overdrawn, which of course they wont

 

However im sure there are threads with all the info you need to fill out these AQs. If you backtrack on this thread im pretty sure they are linked to.

[lateralus]

verytrying, here's what you want for section g on the 149:

 

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

 

then you need to attach the draft order for direction on a separate piece of paper with your name and claim number at the top - also fill in the xxxxxxxxxs'

 

 

 

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

Between

 

XXXXXXXX - Claimant

 

and

 

 

XXXXX - Defendant

 

 

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

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

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

get back if more questions - netty won't mind the hijack

[nettyg]

crusher i can feel a party coming on... NO TOYAH OK!!!!

[nettyg]

we love you lats xx

[rundll]

..yeah we really do!

 

Netty could you drop some DG email addys for me, i feel the need to spam

[VeryTrying]

Netty, Rundll, Lats .... thankyou .... thank you ...... thank you!

[lateralus]

anybody else want on the weekend party list? that's 10 - i'm sure there's probably more - these are the ones i've been watching.

[nettyg]

..yeah we really do!

 

Netty could you drop some DG email addys for me, i feel the need to spam

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2111 (Debbie) debbiedaubney@hsbc.com

0121 455 2701 (Rachel) racheltomlinson@hsbc.com

0121 455 2196 (Kate) kateeaves@hsbc.com

0121 455 2206 (Alan) alanburden@hsbc.com

 

here you go... spam away lol

[rundll]

woop woop

[nettyg]

oops... missed one!!

juliekyle@hsbc.com

 

lol

[VeryTrying]

anybody else want on the weekend party list? that's 10 - i'm sure there's probably more - these are the ones i've been watching.

 

What about givememymoney? This weekend too, if I remember right.

[lateralus]

yep, 6/3 - slightly post weekend frenzy but i put it on!

 

you stop playing and get that aq sorted,very trying

 

mother lattie

[rundll]

Im afraid everyone elses offers shall now be delayed, DG have had to fly in more staff to sift through my barrage of emails...sorry

[nettyg]

go rundll.. go rundll... although i have to say.. mine were more of a 'climb' than a 'sift' lol (rolls about laffin)

[givememymoney]

Well this is all very exciting shame I am last in the queue but I will be first at the party!!!

[nettyg]

aha good... mine's a double white rum and coke lol

 

givememymoney... have you pestered dg enough today? if not, tomorrow!!

[HSBCrusher]

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2111 (Debbie) debbiedaubney@hsbc.com

0121 455 2701 (Rachel) racheltomlinson@hsbc.com

0121 455 2196 (Kate) kateeaves@hsbc.com

0121 455 2206 (Alan) alanburden@hsbc.com

 

here you go... spam away lol

thanks for this nettyg, I'll get this posted at the top

[lateralus]

just an overnight thought, netty - all of their offers are made without prej. so that doesn't mean anything.

 

also, (gang of 11 hopefuls!) were you to receive a full offer or one you want to take before the aq goes in (well, could happen!!!!) you could ring the court and tell them you've accepted an offer and would they delay the aq deadline - they will want it in writing but they will delay the deadline.

and if it came just after you've filed - if you get in touch - they may just say put in on the acceptance (the extra 100) and they don't usually quibble - just ring them - they'll cough up the £ for the aq.

 

i know you know this nets, i'm just classing this as "communcations central" for the mo. your site has more views than some of the smaller banks!

[VeryTrying]

i know you know this nets, i'm just classing this as "communcations central" for the mo. your site has more views than some of the smaller banks!

 

Thanks for the aq/offer advice, Lats. And I think it's a good idea to stay on Netty's thread, at least for this week until we all sort out who got what after the weekend. Even givememymoney might have caught up by then!

[nettyg]

i know you know this nets, i'm just classing this as "communcations central" for the mo. your site has more views than some of the smaller banks!

 

lol.. what you trying to say lats hahaha.

 

everybody is welcome to stay on my thread - our little 'family of hopefuls'

that's right isn't it?

[moose73]

(gang of 11 hopefuls!)

 

make that 12!!

 

just put my AQ in last week to my local court (Chorley)

 

I have never spoken to DG, what should I say?

[Roosterrs]

Netty

 

Just sent you a private message but your in box is full!!

[nettyg]

rj

ask them if they have filed their aq - you did and you were wondering what was happening with your claim.. are you going to hear anything soon, if so, what?? etc etc... make sure they have a copy of the breakdown, even if they've got one, ask if they would like another lol