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craigten
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iF YOU CAN SEND A FAX INCLUDE YOUR PHONE NUMBER i DEALT WITH SOMEONE CALLED REBECCA . THEY WILL RESPOND IF YOU LEAVE A MESSAGE ON ANSWERPHONE BUT i FOUND FAX BETTER. THEY DON'T LIKE MAILS

I GOT MY SONS AND MY HUSBAND PRIOR TO FILING AQ BY USING THIS METHOD

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Hi again,iv found the template bit i have to use in the MCOL but i am a bit confused: Where it says "This is the total of your charges, plus the overdraft interest if you are reclaiming these."-does that mean the total that i arrived at using the online calculator? if so, then why do i have to add the following:"...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

For example, "?? Im a little confused...Please help?

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if she got it off the defense papers - surely it was DG?

Go ahead and try that - but also, i think your next course of action after next monday - ring the courts to see if they have filed their aq and if not - ask if their defense will be struck out and what to do next - i think its:

you must enter a Judgement in Default if the defence has been struck out. To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form.

 

The form you need is an N225, here http://www.hmcourts-service.gov.uk/H...forms_id =465

 

Complete this and file it with the court where you filed your claim

 

but try to make contact with dg - just to ask about your claim - don't mention the aq (unless it's to ask for the extra £100!)

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Hey Lateralus/All,just a quick update: Ok,i phoned my local court to be told that DQ still haven't filed their AQ and they have until next Monday at 4pm to do it! Now,i have tried DQ many,many times but everytime i do it goes straight to answerphone with the infamous Deborah D'Aubney saying she wont be back until next Monday and if my call is urgent then to phone a Alan Burden(no joke!) on his number! Right then people-What shall i do now? Half of me wants to contact him but the other half is worried incase he gets his act together and files the AQ!! HELP!!!!!!!.....:sad:

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i'd give them another try: here''s some numbers

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

just to say - hey, guys what's going on with my claim - will i be hearing from you anytime soon? that's it. nothing about the deadline. just see what they say - like - do you have a copy of my breakdown.. i'd do it, get back if they say anything interesting.

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OOOOh,interesting!! Just spoke to our Alan and he is getting someone to call me back soon!! If they mention the AQ what shall i do?Im nervous now! Do you think they will make an offer?Or maybe argue against the 8% interest, as iv just read on anothjer thread?How are you today Lateralus?

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SUCCESS!!!!! (i think?) Hi all,iv just spoke to a 'Rachel' who works for our friend Alan Burden and she said that a letter is on ot's way to me offering very close to the amount i asked for,minus a few fees that were refunded and without the AQ fee of £100 which, when i mentioned it to her, she then said i would have to put on the return letter then they would add that on!!! They also said that they have filed their AQ(which was due in next Monday at 4pm) So, do you all really think that this is it?The end?Over?HSBC have caved in? All thoughts appreciated!! Ps-when i get my cash expect a generous donation!!!!!! -Craigten:D :D :D

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Ok people,i have now filed a claim on MCOL against HSBC,just one point-Do i have to send them a letter turning down their measly offer of arond 70% of the full amount or can i just leave it and carry on with the MCOL? All help would be apprecieated!!!-Craigten

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Hi all,well this is the latest: I have been offered the full amount of charges that i was claiming for minus one charge which fell outside of the 6year period(at the time i issued my claim,not when i wrote my first letter) and minus a few charges which were refunded years ago that i had missed!! They had also 'forgotten' to add the remaining £100 court costs that i have incurred but Rachel Tomlinson told me on the phone that when i return my letter just to mention this and it will be sorted out!! My only problem is that DG are saying that HSBC are asking for my confirmation that i will view this payment as confidential but I REALLY DONT WANT THAT!!!! What or how shall i phrase my reply? Any ideas? Are there any people who dont shut-up about this? All the best-Craig

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Hi again, just to update you on the latest- We have indeed filed on MCOL and will send them our refusal of payment! Just one thing- It would seem that something i read on one thread does seem true: The fact that when you file against them on MCOL this seems to spark them into sending a reply to your SECOND letter (LBA) because we went to MCOL on Tuesday and my brother today recieved a letter from our good friend Colin to say that they are looking in to it and will get back to him when his ivestigations are over!!!! Interesting eh? Anyway,now for that refusal letter! (Thankyou Latty, you are great!!) -Craig x

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hi craig

 

i think it's more a case of the left hand not knowing what the right hand is doing!! just press on with the next step and stick to your timescale. unless hsbc come back with a full (or very close) offer, ignore it.

If i've been helpful in any way....then tip my scales over there!

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yes, this is one michael browne wrote for vicmar - feel free to use (and tweak if you need to):

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

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Think HSBC ask everyone to be confidential about the settlements made.... shame we all go off typing about them here

 

pete

 

PS... just realised what the last paragraph of letties letter said !!!... how do you get to a "due consideration" figure?... I like the sound of that much more than just crossing it off it means pound notes !!!!

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Hey thanks sooo much for that template,iv edited it am am sending it today!! Thankyou again!! By the way, DG did actually send their AQ and the judge has ordered that my claim is 'stayed' until March,anything i should do about that while im waiting for my cheque?? All the best-Craig

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Hi Lateralus VICMAR is FEMALE it is a combination of my name and my Hubbies

 

yes the letter did work thanks very much to Micheal endeavours

 

Vicmar

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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it ok guys!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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  • 2 weeks later...

Hi there, can anyone please help me? Iv taken HSBC through the MCOL for my brother and recieved 3 pages of papers from the courts: the first one is a 'notice of issue' which says my brothers name and address and the relevant details but says it is in Northampton court (i live in north wales so is no good to me!) and it explains what the defendant may do! The second paper says 'Notice that Acknowledgment of service has been filed' and that 'The defendant now has 28 days from the date of service of the claim form to file a defence' and the third, more confusing, form says it is a 'Response Pack' with DG solicitors name and address on it and the box 'i intend to defend all of the claim' has an x in it!! Does that mean it is a defence? If so, shouldn't there be an AQ for my brother to fill in??? PLEEEEEASE try and help me? All the best-C:?

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***WON!!!***

Ok you all, i want to thank the following BRILLIANT helpers: nettyg,castlebest,anney63,gary H and most of all: LATERALUS!!!!

 

You were all so helpfull and i cant believe it is true!!!- I WON!!! Yep, i had a nice little £1658 go into my account on Monday and you know what is the sweetest thing of all is?- It appeared on my bank account as 'refunded charges'!!! After all the sh*t they gave me about them being in the right eh?? Pah!! Thankyou ALL of you!! There will be a nice little contribution on it's way....... Craigten xxx:D :):p :o :-D :-D

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