HSBC

[craigten]

Hi there, i have got to the stage where i have completed the N149 AQ,included the draft order and sent it off to my local court! Could anyone please, please, pleeease give me any idea of what to expect next? My claim is for £1642 including the 8% interest and im really quite scared now......-All the best-Craig

[lateralus]

hi craigten- i'm just boning up on the aq process myself and will get back to you if this isn't correct - i think you will be waiting for a court date.

this really has just moved you over into another waiting stage.

this next bit isn't in question: have you sent a breakdown of your details to dg - they will only ask for it when they want to make an offer - so send it, if you haven't, and reference your claim number. put a little equation on it:

charges being claimed xxxx

interest xxx

court fee xxx

a.q. filing fee xxxx

TOTAL: XXXXXXXXXXXX

 

also, if you already have sent a breakdown - now is a good time to make contact with them to see if they were received and also to let them know you are adding the a.q. fee to your claim. it's a matter of getting your stuff to the top of a pile.

 

if i find out anymore than what i said above about the aq i will get back. but keep at dg - he who shouts loudest, gets heard. especially at this point - you want an offer - be proactive!

[craigten]

Hi Lateralus, thanks for your reply! Very interesting indeed! Im afraid i haven't sent Dg a list of my charges etc simply because they haven't yet asked me for them! However, after reading your reply i think i will send them to them and see what happens! Do you think it's odd that they haven't yet asked me for them? Also, if and when they do make an offer (i think im right in saying it is uaually 85% of the total?), and it is the usual 85%, what do you think i should do? Im split 50/50 as to what to do! Part of me would like the payout but part of me really thinks that i should take 'em for what they owe me!! Your thought would be appreciated!!- Craig

Ps- i have sent Dg photocopies of my AQ and my draft!!

[lateralus]

they ask for the breakdown when they are getting ready to look at your case - we advise sending them earlier - just to shave a couple of days off.

i'm getting a good idea on the aq, but need to go away for an hour or so - i promise i'll get back and tell you what's next - don't worry, it is very easy to do -

as for the 85% offer - to be honest - that was awhile ago - now they seem to do 100% or very, very close when they offer (but the offers are later than they were). my best advice would have been to send your breakdown immediately - in fact, fax, if possible - got one handy you could fax tonight? then you have an excuse to ring tomorrow and say, have you received them? you've filed an aq - extra £100 - did you have to pay?

so, back in a bit - any way you can fax dg a breakdown now? fax number in the contact details and also on your acknowledgment.

BRB.

[craigten]

Hey, thanks for all that! Unfortunately im not in a position to fax them tonight but i will do my very best to do it tomorrow and then ring them in the afternoon! That is very good news that they are now offering near 100%, (and so they should!) I look forward to your next post! Good luck to both of us!! -Craig

Ps- yes it cost me £100 for the AQ and £120 for the court fee before that!! I will add those on!

[lateralus]

ok, you've sent the aq and the draft order. now the judge will look at it and if he approves it - you will hear back from the court and then have 14 days to reply with four things. look on this thread. New strategy for Allocation Questionaires post 47 tells the four things and post 55 gives the details for the third item.

here's post 47:

After the AQ's have gone back, if/when the judge has agreed to the directions in the draft order you will then need to provide;

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence. See post *24 or my sig for a link to the one I used for my Lloyds claim. In most cases it'll need amending to suit, although I'm working on it to make it more broad-ranging. *DONE*

 

d) All the statutues and decided cases on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

so, a. is your schedule - your breakdown -

b. is your statements.

c. is in post 55 on that link

d. is:Basic Court Bundle

 

we've plenty of time to check this out - but i'm thinking copies on the statements (and yes, i think it's all zillion pages of statements with charges on them)

and just printing out and copying all the other stuff.

 

and as a courtesy, you make another complete set of the stuff and send to dg.

 

as i said, we've plenty of time - court gives you 14 days from when you hear back and that probably won't be for a couple of weeks. so plenty of time to ask about the details - but just start looking at it all. it's not nearly so fearsome as it first appeared to me.

 

also, ideally - you will get an offer an all this won't need to happen.

 

so, yes, tomorrow - asap. get them a breakdown - reference your claim number on it and include the court fee and the aq filing fee, put a total figure on there and give them loads of ways to g et in contact: fax number, tele. number, e-mail address. whatever. then as soon as you think they have it - ring and ask if it has been received - if it's voicemail - leave a message and contact numbers and ask them to return your call.

we really want to get that offer - and they won't offer until they have the breakdown.

my understanding of the draft direction is, it forces their side to come up with all the details within 14 days of the order - and they do not want, will not, no way does the bank want to comply - so they offer quickly.

but we want it quicker than that - we want a full offer as soon as you can possibly get it...... hang in there - you will get it - and soon.

i don't have any claim against them - only one i did for my son months ago now and i just stick around to help people like you. so, make my day - get your money back! ok with all that?

[nettyg]

lattie ...you're just so brilliant xx

[lateralus]

i swear netty i'm retiring after you get yours, i can't take much more of this high drama!

[nettyg]

nooooooooooooooooooo!!! lol - anyway you said on the thread before this one that you 'stuck around to help people like them' so...... you've been rumbled haha

you can't go retiring - how would we all make your day!!!

[craigten]

Hello again, well thankyou once again for your brilliant and helpfull reply! Unfortunately iv only just come home from work so being as it's a bit late in the day to get together and fax my details to Dg il get it all together today and send it tomorrow first class post and registered AND fax it to them on Monday and ring them in the afternoon to check that they have recieved it! Im feeling stronger with each time i read your reply!! By the way-how far did it get with your son before they stumped up? Many,many thanks to you again- Craig

ps-Please dont retire,you dont know how nice it is to know that there are people out there like you!!

[lateralus]

thanks for that craig, my son's was settled back in sept. got a partial offer, rejected it, got a full offer on the same day that the aq paperwork arrived - so never had to do the aq - but that was then and this is now - and they seem to be ever so bogged down with claims.

one other little possibility - although as you haven't yet sent your breakdown - i think it not likely as the always ask for one. so, really, get it there - i can't stress that enough. then, get onto them to make sure they have received it.

now, this has popped up in conversation a couple of times lately. they had to file an aq and it was due the same day as yours . if they don't - usually the judge gives them 7 days to do so and if they still don't - they loose/you win by default. you ask for a judgment.

i see it like this - they may not be filing them - and with good reason - it means they have to justify their defense - which they can't - so, like life sometimes - they just don't respond - which is ok - it means you wouldn't have to do all that copying. so, i'm suggesting you ring the court to see if they have filed their aq, and if not - ask how long the court gives them and what you do if they don't file. that's what i'd do on monday if i were you.

and get that breakdown off to them tomorrow - recorded delivery.

[craigten]

Hi again, well im going to ring the court tomorrow to find out if HSBC have filed their AQ and if not, when they have until!! Just one more small question please?- When you say send DG my breakdown of charges, do you mean the list of charges,when they were applied to my account and including the 8% interest that i have added on? (plus the court fees!!) Please answer me when you can, all the best - Craigten

[lateralus]

yes, just before emmerdale - now, i'll be busy for one hour - emm. and corrie! very important stuff!

yes, your breakdown is your list of charges that you are reclaiming. put a little cover note - please find enclosed a breakdown of the charges for claim no. xxxxxx. please note: charges xxxx.xx + interest xxx.xx + court fee xxx.xx plus a.q. filing fee xxx.xx = Total: xxxx.xx

I await further contact from you on behalf of your client.

Regards, xxxxxxxxx, give them an address, phone no., e-mail, fax(?), anything. give them every opportunity to make contact. then, ring them and ask if they have been received (obviously a day or two if you use snail mail - or sooner depending on how you send them).

[craigten]

Thankyou,thankyou,thankyou!!! Now go and enjoy Emmerdale and corrie!!!!

[lateralus]

adverts are on! you're welcome!

[craigten]

Hi again,how are you tonight? I just thought id update you on something- i rang the court on monday to ask if HSBC had filed their AQ and apparently they were supposed to do it by last Friday(2nd Feb) but it didn't look like they had,although there was a backlog of letters for the court to go through because they are only a small court so im not yet 100% sure if they have or not,i have to ring up tomorrow to check for sure! Do you know if HSBC have a history of missing their deadline to return the AQ and if they have indeed missed it,what happens now? Thankyou-Craigten

[anney63]

Hello

I have had two claims withDG 1 for my son (2532)and 1 for my Husband.£603) I got both paid at the AQ stage just by faxing and speaking to the name on the defence document. They were really easy to deal with . I wish Abbey were the same.

[lateralus]

anney - you don't know how lucky you were - we have a few at that stage and they have tired everything bar skywriting to dg with no offer forthcoming.

 

craig, this is new info - at least to me - tomorrow after you ring the court and find they still have not filed their aq - you need to send the court request the court send an unless letter: this is a template.....

 

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

 

 

 

ok?? if we get joy on that - you can then file for judgment. and that is a really easy form - two ticks and that's it. do the letter.

 

on the other front - no harm in ringing dg again and asking where they are on your claim.

[craigten]

Many thanks, yet more great advice!! I will keep you updated!! All the best-Craig

[craigten]

Hey again,just to give you a quick update on things!-HSBC(or should i say GD solicitors) didn't fill in their AQ by last friday(which was the deadline)so today iv had a letter from my local court saying that the court have given them until 4pm next monday! Now, i rang DG last week only to hear an answerphone message saying that Deborah D'Aubney wont be in the office till next Monday and if i had an urgent message then to speak to Mr Blah-Blah on some number or other! What should be my next move do you think?Pleeease help if you can!!-Craig

[craigten]

Hi people,Just a quick update on things so far: My brother ordered his statements,worked out how much HSBC owes him(£649),used the online calculator to add his interest(to make a total of £769.77),sent HSBC the first letter to which they replied with the usual "we are in investigating your complaint", my brother(and me) sent the second letter threatening action and we recieved a letter from the (in)famous Colin Langdale offering him £514 which my brother is going to refuse!!(Good for him eh?)Now what i want to know is should he send a reply saying "no thankyou,i want the whole amount and i will go to court to get it" or just not reply and go straight to court?Pleease help us if you can,all the best-Craig

[nettyg]

hi

your'e a bit scarce with the details, dates etc. you could reply back to hsbc that you'll accept only as partial settlement, as you are going through the small claims track to recover the rest.

[craigten]

Ok,that is helpful,thankyou very much!! Im just guessing that if and when they make the payment as a partial payment that that would make the MCOL bit just that slight bit more difficult/complicated?What do you think?Thankyou-Craig

[nettyg]

when are you due to file mcol? if it's soon, i'd file it for the full amount of what you are claiming. up to now you haven't accepted anything. if hsbc do come up with another offer or pay you part settlement, you can advise the courts that you have received blah blah as part settlement

[craigten]

Ok,yes we are going to make the claim through MCOL,can anyone PLEASE PLEASE give us guidance as to how to fill in the online form?Iv done it once before but cant remember where to find the details to put it in! Im quite confused now....