Whatawoman v HSBC *******WON*******

[Mandymoo2]

I've just started the process. I sent a letter requesting statements for the last 6yrs. I can't help think 'What happens if they close my account'? Having been a single parent working full time Money has been tight at times, but that no excuse for miss management on my behalf.

[domflanuk]

Dont worry they wont close your account, althought they do say something along the lines of "if it happens again we may have to reconsider your account blah blah blah" but they are the ones that lose out if they close your account so its better that they dont!

[nettyg]

I've just started the process. I sent a letter requesting statements for the last 6yrs. I can't help think 'What happens if they close my account'? Having been a single parent working full time Money has been tight at times, but that no excuse for miss management on my behalf.

 

hi mandymoo - we're all in that boat!! otherwise we wouldn't be here so don't worry about it. it will be better if you start your own thread so we can keep track with what you're doing - like a diary.

 

go to hsbc page and at the top of the page where it says 'new thread' click on that, fill in a few little details and bob's your uncle!

[melanieh364]

I think we are at the same stage with HSBC, the date for our AQ to be in was the 18th and ive had a letter from the court this morning to say they have given them a 3 day extention dated the 19th and if they do not respond by this date I am at liberty to enter judgement. They seem to be treating everyone differently and i'm not jumping for joy yet because it seems that even when they say they are going to pay it, people don't seem to be receiving it.

[Whatawoman]

It was the tone of the email - the one line that has me scared- it made me think they have NO intention of paying me back - and I am now wondering if I did something wrong or missed something out....

 

Congrats domflankuk on getting your money back - sure feels like they are taking me all the way....

 

Good luck Mandy you need to stick at it - it is YOUR MONEY!

 

Netty...still have a positive vibe for me?

[nettyg]

yes of course i do!! dg haven't got time to enter into any 'friendly' dialogue - by email or anything else, they have a million claims to tend to.

you'll get it back - trust me!! xx

[stroke a badger]

Nettg,

 

Would you have either an email address for DG or a fax number, PLEASE PLEASE

[nettyg]

of course lol

 

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

Julie Kyle@hsbc.com

[stroke a badger]

Again, I bow to you.

[Will Scarlet]

Whatawoman - I can appreciate your concern but try not to worry. You are walking a path that thousands of people have already been down. Don't let them intimidate you, you have the upper hand, they are WRONG and do not have a leg to stand on! Just keep playing the game.

[lateralus]

for those of you who haven't seen this thread - i wrote it specifically to give some peace of mind, some ideas, and some support for this stage;

When you have filed your AQ................(

[stroke a badger]

Lateralus,

I need to ask a MASSIVE favour. Do you have a template letter requesting that a defence by struck out. I have searched but I can't for the life of me find one.

 

DG have neglected to submit their AQ and after talking to the court this afternoon they have requested that I write it and request the defendants defence be struck out, also if they receive my letter tomorrow it should go in front of the district Judge on Tuesday.

 

If there is such a thing can you point me in the right direction.

 

Cheers.

[givememymoney]

Badger it may be worth writing to DG first before going for a judgement letting them know that they have missed the AQ deadline and that you intend to request a judgement but they can prevent this from happening by settling your claim in full within the next 5 working days.

[lateralus]

i responded to stroke on their thread else i'll never be able to find it again!

[Whatawoman]

Wow badger - you lucky thing - seems DG dropped the ball there

[Whatawoman]

I will be filling out part G of my AQ tonight - and I would appreciate some advice on what the current concensious is on what to actually include.....

 

Am I to go with this in box G:

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

Then on a seperate sheet send:

You -v- Bank Plc

Claim No:*******

 

 

N149/N150 Allocation Questionnaire

 

 

Section G/H - other information

 

The Claimant respectfully suggests that special directions may be made as per the attached draft order.

 

If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the actual loss suffered 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 Unfair Terms in Consumer Contracts Regulations 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 contractual service (which is refuted), 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.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

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 this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

and again on another sheet send:

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.

[lateralus]

looks spot on to me - also attach another copy of your breakdown and make sure all extra pages have your name and claim no. at the top.

[Whatawoman]

Thanks - I will take it in Monday morning and hope for the best - seems they are taking longer and longer before making a realistic offer

[Micheyboo]

Yep, that's exactly what I've done, and I just handed in my AQ to my local court this morning.

[Whatawoman]

thanks Michael - what was your AQ deadline?

[Whatawoman]

I have printed off all the attachments - filled in the AQ and will drop it off at the court house first thing Monday morning. (Unless of course a full offer comes tomorrow morning)

[stroke a badger]

Thanks - I will take it in Monday morning and hope for the best - seems they are taking longer and longer before making a realistic offer

 

Tell me about it. The "Unless" order issued by the District Judge I believe expires Tuesday so I'm expecting a offer before then or DG to file their AQ. Either way the waiting is killing me!!

[Whatawoman]

I have just emailed "Katie Eaves" at DG and told her my AQ will be filed on Monday along with the following attachments and I sent her an emailed copy of the Draft Order for directions and the Other Information. I also sent another copy of my claim schedual along with (in RED) the court costs and daily interest claimed.

 

I expect an abrupt reply if any but maybe it will be enough of a push to help them look at my claim NOW!

 

Wow badger - I am so sorry youa re walking this long path - but I think I will be close behind you

[stroke a badger]

Ok, just phoned the court and guess what was in this mornings post, DG's Allocation Questionnaire. Bugger

[Whatawoman]

Now that stinks - they sure walk a tight line on deadlines.....So what happens next for you?