HSBC

[givememymoney]

Fantastic another good result on a night of champions!!!! Feels like today should go down in the forum history or something!!!!

 

[lateralus]

yes, another result!

congratulations, job done - let's get bro's done now!

[lateralus]

don't worry - i think it's a mix up - on the acknowledgment - page 2 it generally says they "intend to defend fully the charges", so what that's doing in a response pack - i've a feeling it's what they should have sent to dg - dg probably has your aq. ring the court - number on paperwork tomorrow and clear it up.

[nettyg]

CONGRATULATIONS CRAIG!!!

WE WON LOL!!!!

[anney63]

well Done Great News !!!!!!!

[lateralus]

you should now write the court to tell them it has been resolved and halt the claim.

[lateralus]

did you ring today?

[craigten]

Hi there,yes i rang the MCOL helpline and they just said that everything was ok and that HSBC/DG has until 20th march to lodge a defence and if they do then i will get my AQ! Does this sound ok??

[lateralus]

i should have picked up on that - it's too early for them to have defended - they never do until the very last minute - then you'll get the paperwork - sorry - comes with trying to read quickly and help lots of different cases.

 

so, have you sent dg a copy of your breakdown - if not - go ahead and send one. if you have - in a couple of days ring and ask if the breakdown has been received. just bumps you up for a bit. we are advising people to bug dg after the defense is filed but there is no reason why you can't do it at this point - and with it being a small-ish claim - they may just decide to get it out of the way at any point - keep on them.

[craigten]

That's graet Latty, thankyou very much,il get onto it RIGHT NOW!!!

[craigten]

Ok, how does this look to you:

 

MARCH 5th 2007

ENCLOSED: Breakdown of charges for the claim I have with HSBC

CLAIM NUMBER: *******

Ref: account number: ******** Sort code: ******

Dear Deborah D’Aubney,

Just to update you on my claim with HSBC that I have now moved to Money Claim On Line (claim number above) and I see that you are dealing with:

REFUND OF CHARGES BEING CLAIMED: £649

INTEREST: £120.77

COURT FEE: £80.00

TOTAL: 849.77

If you want to discuss this further,please contact me either by mail or by mobile phone on *********** or home phone ***********

Yours sincerely,

Let me know please! Many thanks (yet again!!)

[nettyg]

don't forget to add your email address to that - here's a few of theirs too!!

 

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

[lateralus]

yes, craig - that looks fine!

[gordylar]

Craig,

try not to panic too much just read as many threads as you can and keep asking for help if your not sure.

your bro will have his cash pretty soon now, make sure he takes you out for a beer or ten as a thank you .

[craigten]

Hi all, just a quick update: Hsbc/DG has until March 20th to lodge a defence, i just thought it was a bit odd that only yesterday (6 days before the deadline) my brother recieved another offer from hsbc, not DG, for around 70% of what we are claiming! They offered exactly the same after our first letter many weeks ago, i just find it odd that it is now in the hands of their solicitors (DG) and yet they make this offer!! Any ideas people? All the best-Craig

[givememymoney]

This is not unusal they will try any technique to get you to settle for less than you are entitled too.

[craigten]

Ok, Hsbc had until March 20th to file a defence and did do so on the 15th (leave it late dont they?) so i now have the AQ, now i just want to know do i fill in the 'Other information' bit with what i put in my own AQ when i had a claim against Hsbc, ie: I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; It is an issu of fact and not law. The issue is whether the money levied by the defendant in respect of it's customers contractual breaches exceed their actual costs incurred. Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration. I estimate the hearing of this claim will last no longer than one hour' and add the draft order with the returned AQ? Please help me if you can, all the best-Craig

[Michael Browne]

See here for Aq guide:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

 

Post #2 for Draft Direction and post #3 for passage for Section G;

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[lateralus]

why does it take me 25 lines to say what you say in 6, michael?

[Michael Browne]

Practice.

[lateralus]

or a male/female thing?

[Michael Browne]

There you go again - Five words to my one!!!

[lateralus]

touche'

[craigten]

Hi there, my brother now has the AQ to fill in, now i have a question: In my own claim against Hsbc i filled in section G on form N149 like this:

 

"I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; It is an issu of fact and not law. The issue is whether the money levied by the defendant in respect of it's customers contractual breaches exceed their actual costs incurred. Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration. I estimate the hearing of this claim will last no longer than one hour"

 

but iv just looked at the guide to completing the AQ and it says to put this:

"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 imcumbent on 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."

Can you please tell me which one is correct? Please?

Thankyou-Craig:???:

[Michael Browne]

Use the second passage, if you are using the Draft Direction Order in post#2 here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires