lordbadger v HSBC

[lordbadger]

Well, I have just looked at MCOL and my two HSBC Claims have changed from acknowledged to Defence. It now says I can no longer use online as they have defended. I guess the stuff will be coming through the post soon.

[un1boy]

I guess the stuff will be coming through the post soon.

 

Looks like it - don't worry, this is normal behaviour!!

[lordbadger]

Right, I have now received my Transfer of Proceeding documents along with the allocation questionnaire. Is there anything I need to know when filling this in or is it all simple stuff. When I send this back what can I expect from here?

 

Do I just send the qustionnaire back?

[un1boy]

The AQ is very simple ot fill in...try this link for guidance:

 

Allocation Questionnaires - A guide to completion

 

Send it back to the court, and one to the defendant too.

 

You'll then get a court date in a couple of weeks.

[lordbadger]

Thank you very much.

 

Couple of quick question if I may.

 

Section G - Am I ok to just put the hearing shouldnt take longer than 1hr or should I write the full paragraph on the template you provided?

 

Section H - Am i right in thinking that as my claim is less than £1500 there is no fee to pay?

 

Section I - If I fill in my own details, phone number etc. What is Ref No and DX No?

 

Cheers

[un1boy]

Thank you very much.

 

No problem!

 

Couple of quick question if I may.

 

Of course...

 

Section G - Am I ok to just put the hearing shouldnt take longer than 1hr or should I write the full paragraph on the template you provided?

 

No, that's fine - just say you don't think the hearing will take longer than an hour

 

Section H - Am i right in thinking that as my claim is less than £1500 there is no fee to pay?

 

That's correct

 

Section I - If I fill in my own details, phone number etc. What is Ref No and DX No?

 

If you are signing it yourself, you don't need to put a ref etc in it, just make sure you've signed it.

 

A DX number is basically a PO BOX number!

[lordbadger]

Thanks once again. Should I forward a copy to DG Solicitors? Is there anything else that need to be included?

 

Cheers

[un1boy]

Thanks once again. Should I forward a copy to DG Solicitors? Is there anything else that need to be included?

 

Cheers

 

Yes, send a copy to the solicitors......nothing else is needed (you might want to include a schedule of charges, just for fun! - up to you though!)

[lordbadger]

I sent the questonnaire on 27th Feb and till not heard anything. Should I expect something soon? A court date maybe?

[nettyg]

ring the courts lb, and ask if they have sumbitted their aq? if not, what is going to happen. the judge usually gives them 7-14 extra days to submit their (not fair as if we didn't submit ours, we'd have ours struck out!). judge will probably give them an 'unless you submit' you'll be able to file for judgement. courts are usually very helpful.

[lateralus]

you might as well take a look at this lb, it was you and that big group who filed last week or so that i wrote it for.When you have filed your AQ................ (1 2 3)

[lordbadger]

I have read through that, thank you. The date the questionnaie had to be teturned by was 12/3/07 which is Monday so I will leave it a day and contact the court to see if they returned theirs.

[lateralus]

excellent - depending on your local court - they seem to be loosing patience with dg's lack of paperwork and are moving to the judgment phase quite quickly - there are a few waiting now to see what happens next -

[lordbadger]

Right I have developments. I received a letter from DG on Saturday claiming the first 2 charges I am asking for are more than 6 years ago so cant be claimed for. It goes on a bit blah blah then says HSBC are legally entitled to charge blah blah we offer you £530.

 

I initially claimed for £420 charges, MCOL £ 80 and £100 interest. I guess I could look at it two ways. With their offer of £530 I hav got all my charges and my court fee back I am just a little short on interest, or I could look to push it further for the full amount. If the charges are further back than 6 years am I gonna get them???

 

I have yet to find out if they returned their allocation questionnaire. Is it worth chasing up? What advice would you give? I have turned down a previous offer but now I am leaning towards accepting as I am only short of interest.

 

Any advice, as always, is much appreciated.

 

Cheers

[itsamomentintime]

re charges over 6 years

 

the limitations act states that you can claim past the 6 year limit if you have been mislead/lied to about the lawfulness of the charges

 

and seeing as banks have been telling us for years that their charges are fair and proportionate to their actual admin costs (which they are not), you could argue that you (and all of us) have been mislead/lied to by banks

[lateralus]

were it my claim and i wasn't really needing the money asap - i'd hold out

 

sorry, had to answer the phone..........

 

we've seen them pay out befoe - if you can just hold out a little longer - send a rejection - accepting it as partial, etc.... and say you will accept when they offer xxx.xx (full amount).

 

that's what i'd do. - not in all circumstances - sometimes i advise a negotiation - but i've a feeling yours isn't far away for some reason =

 

mystic lat - (lol)

[un1boy]

re charges over 6 years

 

the limitations act states that you can claim past the 6 year limit if you have been mislead/lied to about the lawfulness of the charges

 

and seeing as banks have been telling us for years that their charges are fair and proportionate to their actual admin costs (which they are not), you could argue that you (and all of us) have been mislead/lied to by banks

 

Do you know where in the limitations act it states this?

[lordbadger]

Ok, so maybe i should hold out?? I am in no desperate need for the cash but would feel a lot better knowing I had won and the money was on its way.

 

If I do decide to accept it how should i go about it? Is it easiest to just sign the document thy sent to treat the payment as confidential or should i write saying i will accept blah blah.

 

The one thing that nags is the fact that when I sent the original letter request 6 years worth of statements they supplied them. Surely if they were longer than 6 years ago they shouldnt have sent them. Does it matter that since I originally requested statements they could have gone from under 6 years ago to over 6 years ago?

[un1boy]

were it my claim and i wasn't really needing the money asap - i'd hold out

 

sorry, had to answer the phone..........

 

we've seen them pay out befoe - if you can just hold out a little longer - send a rejection - accepting it as partial, etc.... and say you will accept when they offer xxx.xx (full amount).

 

that's what i'd do. - not in all circumstances - sometimes i advise a negotiation - but i've a feeling yours isn't far away for some reason =

 

mystic lat - (lol)

 

I agree with lat

[un1boy]

Ok, so maybe i should hold out?? I am in no desperate need for the cash but would feel a lot better knowing I had won and the money was on its way.

 

You have won though - they have made you an offer....they are just trying their luck, seeing if u will accept the lower amount - it's like buying a house, you always enter a lower offer than u can afford - if they accept it fab, if not then you go up to ur budget!

 

If I do decide to accept it how should i go about it? Is it easiest to just sign the document thy sent to treat the payment as confidential or should i write saying i will accept blah blah.

 

You can sign the doc they sent you - but CROSS out EVERYHTING else, especailly anything relating to confidentiality - you could eve write on it that you accept it on the understanding that the settlement is unconditional.....keep a copy of it too!

 

The one thing that nags is the fact that when I sent the original letter request 6 years worth of statements they supplied them. Surely if they were longer than 6 years ago they shouldnt have sent them. Does it matter that since I originally requested statements they could have gone from under 6 years ago to over 6 years ago?

 

They have to send you everything they have once receving a sar - the limitations act says that you can only claim further than 6 years if you were misled. I am starting a claim now with a bank for charges over 6 years. I am going on the basis that unless they provide an exact breakdown to me they have misled me!!

[lateralus]

but you've asked for six years - they've given you six years - but by the time they send them and you write two letters and THEN file - some may have gone beyond the six years.

 

there is much, much discussion as to the definition and application of the six year rule anyway. see bong's thread (if you've a few spare days!) - or cut to the chase near the end - she got a very, very last minute resolution regarding charges 13 years old. a very significant win (not the size but the implications). small court doesn't set precedent and also, it was a settlement not a judgment - but reading between the lines - it could have monumental implications for other claimants.

 

boy, i sure have learned the lingo in these last few months, haven't i - my o/h reads this - he will think i've flipped!

 

but back to your original statement -

you asked for statements, they sent them. fair go. (sarcasm approaching at three o'clock.........did you expect a little note saying - oh, by the way,lord b, those first few will be over six years old by the time you file - so watch out!!!) see my point?

should be too long now!

[lordbadger]

I am still in two minds. I want to go further with it and get all the money but dont want to push my luck too far. I got my court date through this morning. 26th April hehe, choices, choices

[un1boy]

I am still in two minds. I want to go further with it and get all the money but dont want to push my luck too far. I got my court date through this morning. 26th April hehe, choices, choices

 

You will have to take any other action seperately now if you have got a couurt date for this one!!

[lordbadger]

How do you mean?

[un1boy]

well, if you want to claim for past 6 years you will have to take seperate action - you won't be able to "add" it to your current action without changing ur pos etc, which the judge may not allow at this stage....