Roosterrs V HSBC ***WON***

[lateralus]

it's lovely!

[Roosterrs]

Rang DG today and got put through to Rachels voicemail. Left a message.

Anyone got an email address?

[nettyg]

debbiedaubney

E-mail Address(es):

debbiedaubney@hsbc.com

 

i know this isn't for rachel but i don't know her surname - if you do.... then the email addy will be in same format as deb

[lateralus]

think it's rachaeltomlinson@hsbc.com

[Roosterrs]

Thanks for that. I rang the Debbie Daubney number and actually got through to her but she transferred me to Rachael's number and got her voicemail. No message lefton the answering machine when I got home tonight.

I will try the email address later.

 

Thanks again.

[lateralus]

just check that last name if you have it on anything - i think that's it - just following the pattern. may work.

[Guest bong]

the letter I had was from Rachel (without an a) Tomlinson

[Roosterrs]

HSBC filed defence today on the 15th. Allocation questionairre on its way by the end of the week.

[nettyg]

hi roosterrs

watch your post because rundll was on the same timescale as us and he had an offer today (which he's rejecting lol)

finger's crossed

[Roosterrs]

Hi Netty

 

I Rang the court today and DG had filed the defense today and the guy at the court said that the AQ would be sent soon.

Rang DG and left a message and there was a reply from Michelle when I got home. I think I will give them another ring tommorrow.

Any advice on how we can speed them up?

[nettyg]

well i think now is the time to prove to anybody who's called us a pain in the a**e, by being just that - to dg anyway lol

 

i reckon a phone call/email/fax every other day can't hurt can it?

[Roosterrs]

I presume I will get a N149 through the post. Do I have to attach any documents to this? Looking through the help pages it looks like no. Any advice on filling in section G, or can the wording in the guide to completion be used as a template. Any advice gratefully received.

[GuidoT]

It will come through the post from the court, usually with a defence.

These should help you complete the AQ, New Strategy really a must now:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[nettyg]

New strategy for Allocation Questionaires

and here is how to use it:

for section g on the aq, use the wording on post #3 of new strategy link,

and then attach draft order for directions to your aq - 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.

 

pinched this bit off lattie - very useful

[Roosterrs]

GuidoT, Netty

 

Thanks for that. Just getting a bit (read very) nervous.

 

How does this sound for an email to DG?

 

Thankyou for replying to the message I had left on your voicemail today. Sorry I was unable to take your call.

Could you please tell me where we are on settling the above claim.

I have attached my breakdown of charges.

 

Regards

[nettyg]

sounds fine roosterrs but just add a time that they can call you again, if you can't get through to them!!

[Roosterrs]

Received AQ in the post yesterday. Needs to be returned by 5th March. Seems like a pretty standard defense.

 

1: The claimants account is governed by the Defendants personal and/or business banking terms and conditions.

2: Pusuant to the Defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing and overdraft

3: The defendant denies that the charges applied to the claimants account amount to penalities at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999(UTCCRs)

4: The charges applied the the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not appilicable to them: alternatively, they are not unfair contrary to the YTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5: Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

It is signed by Kate Eaves, so I guess I should direct all my correspondence, emails(kate.eaves@hsbc.com?), faxes, phone calls, through her.

 

Secondly. After 14 days of filing my AQ, In accordance with the draft order of directions I have to do the following:

 

• 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;(Basically a breakdown of my charges)

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;(A copy of all my statements with charges on).

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;(a statement showing which cases and legal material I will rely on in court(i.e UTCCR (1999) and UCT(1977).

• d) Copies of decided cases and other legal materials to be relied upon.(Relevant copies of the cases from the court bundle)

[nettyg]

morning roosterrs

 

i think the email addy for kate is kateeaves@hsbc.com withouth the dot between first and second name ok

[Roosterrs]

Thanks for that. Just sending the following email to Kate:

 

With reference to the above claim number and the emails below, I received my allocation questionnaire on Saturday 17th February.

I have until the 5th March 2007 to file this with the court and this will incur a further charge of £100 which I will add to my claim.

I have also attached a copy of my breakdown of charges.

Please could you confirm that you have received this email and where we are in settling the above claim.

 

I will also ring here monday to find out where we are.

[lateralus]

roosterrs - i've gone away to seek council and guidance as your thread may be the start of a new tack by dg - not to worry - in fact, they may have shot themselves in the foot.

 

but, wait for advice from a site helper or a mod before doing anything else, -if i'm wrong -(usually am) i'll be back to tell you one way or the other.

 

but, one question - all you put in that post - it all came from the court, right?

 

my thinking is - dg is now getting the draft order attached much earlier than we were getting it attached and will mean we have to have the paperwork to submit with the aq - so, no one with an aq with this specific order attached should do anything with it until the mod's and helpers have seen it and tell us how to procede. (i think i understand but we want def confirmation on what's going on before we do anything else)

so, just don't do anything with it all til we/i get back to you. it's a procedural change - nothing to do with you individually so don't panic at all. just chill for the moment.

[GaryH]

Secondly. After 14 days of filing my AQ, In accordance with the draft order of directions I have to do the following:

• 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;(Basically a breakdown of my charges)

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;(A copy of all my statements with charges on).

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;(a statement showing which cases and legal material I will rely on in court(i.e UTCCR (1999) and UCT(1977).

• d) Copies of decided cases and other legal materials to be relied upon.(Relevant copies of the cases from the court bundle)

 

You don't have to worry about providing a), b), c) and d) yet. Those documents only need to be provided if/when the judge actually orders those directions. All you are doing at this stage is proposing them.

 

Attach the draft directions to the AQ and fill in section G as advised, then send back the AQ. In a couple of weeks you'll receive a notice of allocation from the court which will contain the directions - its at that point you need to comply with them by sending the relevant documents.

[Roosterrs]

I received the AQ and defense from the court itself.

I will wait until I have heard from you.

 

Thanks again for your help.

[lateralus]

Received AQ in the post yesterday. Needs to be returned by 5th March. Seems like a pretty standard defense.

 

Secondly. After 14 days of filing my AQ, In accordance with the draft order of directions I have to do the following:

 

• 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;(Basically a breakdown of my charges)

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;(A copy of all my statements with charges on).

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;(a statement showing which cases and legal material I will rely on in court(i.e UTCCR (1999) and UCT(1977).

• d) Copies of decided cases and other legal materials to be relied upon.(Relevant copies of the cases from the court bundle)

maybe i've got this all wrong - roosterr - was this included with the aq stuff?

[Roosterrs]

I got steps a-d from the new stratgy for allocation questionnaire's from this site.

Should I still send the email to Kate Eaves?

[lateralus]

yes, please!

 

i am a dope, ignore the in-between posts - yes, roosterr send the e-mail.

i'm taking an r and r break this aft.