gimmie my money vs HSBC ***WON***

[tomcody]

I really hope you ST! Was it trick or treat? I'm sure they'll be treating you soon to a big fat refund!

 

Moved old cooker today urgh!! There was a pool of what I could only describe as ectoplasm maybe its Colin! Got it off with the bleach and wallpaper scrapper!

[st24driver]

My next project is a loft conversion maybe he's hidding up there ?

[tomcody]

It's a mystery, we seek him here we seek him there we can't find Colin anywhere! After the kitchen were doing the bathroom its hopefully being sponsored by those lovely peeps from HSBC.

[lateralus]

i want to know why you guys are bothering with bank charges at all - all you ever do is tear your houses apart and put in new stuff - you must be loaded!!!!!!!!

[johnnymitch]

Don't mock the afflicted, Latty, - they've got to be afflicted to get into all that DIY mayhem! . Me, I'm for the quiet life, like chasing Bankers for money

[Castlebest]

And leaving ecoplasm under the cooker where it belongs lol

 

pete

[lateralus]

like housework - i dust when someone walks past and writes "dust me" on the furniture! my sis sent me a pillow that says - housework doesn't kill but why take the chance!

[tomcody]

I couldn't agree more Lats thats why were replacing so much. Did you have a good break?

[lateralus]

i sure did, thanks. no dusting, no housework - it was heaven!

[tomcody]

Hi all rec'd transfer notification from Northampton dispensing with AQ 7/4 should I have heard anything from local court? Should I get in touch with them?

Sent nudge letter to DG 10/4 and have rung once leaving message - no return call yet! Has anyone ever had reply email to DG?

Is there anything more I should be doing? LOL

[Castlebest]

I have been saying this a few times lately I think its easy to loose sight of what we are trying to achieve with our claims.

 

Once you have filed your claim with the court you are dealing with DG Solicitors these are the people who will make you an offer and you will negotiate and agree your settlement with.

 

To some extent the County Court side is secondary, it’s just a means to force HSBC to look at your claim and be reasonable and responsible.

 

To do that you have to complete all of the Court paperwork on time and submit it, then it has to be processed by the court and assessed by a District Judge but at the end of the day the court will have nothing to do with your settlement. You will cancel your claim because you have reached a settlement with DG Solicitors (when the money is in the bank).

 

So nudge DG not the court.

 

pete

[nettyg]

"Is there anything more I should be doing? LOL"

 

yes tomcody.... mopping your kitchen floor!!!!! hahaha:)

[lateralus]

nope - just wait to see if the court gives you a date or anything else they want - and as for dg - another nudge - every 10 days until they offer

[tomcody]

Hi all rec'd this from court today

 

District Judge Toombs orders that this claim is stayed until 22/5/07 to enable parties to attempt a settlement

 

On or befroe the 5/6/07 one of the following steps must be taken:

 

eithert

the claimant must notify the court that the whole claim has been settled

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying and mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties

or

all the parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

any thoughts what should be my next course of action?

[leddochic]

Hi There,

 

I too am fighting HSBC, sent first 2 letters filed MCOL 27/3/07, they acknowledged so they had till tmrw to put in a defence, guess what They have ?, I haven't sent letters etc to court or Kate Eaves at the solicitors, what should I be sending and to whom ? Started on Money expert website with his templates although this website is far better wish I had found this one first, what are the nudge letters your writing about, MCOL cannot deal with my claim any longer, what happens now ?

 

Jules x

[lateralus]

jules,

this is all normal. they have defended so it will now be moved to a local court - until a month ago they would have sent an allocation questionaire - but now - that may well be dispensed with and then you have to wait to see what the local judge decides - tom's above is a perfect example - she has just received what the local judge has decided - so she will be filing an allocation questionaire.

 

here's the upshot - the court action is more or less secondary - the primary goal is to get dg (the solicitors) to issue an offer on behalf of hsbc.

to that end - you should send a copy of your breakdown (hopefully you got your charges onto a spreadsheet and didn't just try sending statements - the problem with mse is their lack of info - their idea of a charges list isn't complete enough - so you've a couple of things to get done - as soon as you can. make sure your list of charges includes from oldest first each charge you are reclaiming by date, the name of the charge as it appears on the statements, the amount of the charge.

so, get your charges list (breakdown/spreadsheet) up to scratch - the mse failure is calling them by name - so call them what the statement calls it - i.e. total charges, recall d/d s/o, whatever. once your breakdown is up to scratch - then follow this info:

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely

as you will shortly be receiving the transfer to a local court - you could wait until it comes then send them 2 copies with the above cover note.

 

and send the second note off to dg with a breakdown as soon as you get it up to scratch.

 

now, here's the link we are talking about:New---after 28 Days - Maybe No Aq!!!!!!!New---after 28 Days - Maybe No Aq!!!!!!!

 

read post 1 and i think it will become clear about nudging dg into an offer - which is your goal.

so, after you have sent them your breakdown - ring them once - to make sure they have received it. then write them a nudge letter and include another breakdown, after that - send a nudge letter every 10 days with a breakdown until they offer. get back with whatever the local court sends and we can advice.

 

with your permission - i'm going to ask a moderator to move your thread into this forum - you can get back on that thread.

[Castlebest]

Hi all rec'd this from court today

 

District Judge Toombs orders that this claim is stayed until 22/5/07 to enable parties to attempt a settlement

 

On or befroe the 5/6/07 one of the following steps must be taken:

 

eithert

the claimant must notify the court that the whole claim has been settled

Good excuse to write to DG and say the District Judge wants you to settle with me what are you going to do about it?, I think a beefed up version of Latties nudging letter including a paragraph about the Judges directions and giving them either 7 or 14 days to reply would be fine.

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying and mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties

You dont want this.

or

all the parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

If you get no answer / not the answer you want from the DG letter then send in an AQ and request the defence is struck out, copy it to DG too.

 

any thoughts what should be my next course of action?

 

pete

[leddochic]

Thanks for that, that would be brill, still a little unsure of all this works, I'm sure with all your help I will get there !!!

[lateralus]

ok, jules, i've pm'd a moderator to move your thread - so soon - you will find your thread in the hsbc forum and you can ask and get answered right on your thread - it's the best place for your claim questions as we are all doing the hsbc thing.

[tomcody]

Thanks Pete will re-jig Latties nudge letter. lol

[Castlebest]

Just watch that second direction.

Mediation must look pretty good to a busy District Judge (go away and come back when you have got it all agreed)

The problem is there is nothing to mediate, HSBC are wrong - everyone knows it - DG will pay up.

Maybe if you had a Clint Eastwood style mediator complete with 44 Magnum you might get somewhere because the only thing to agree is when the payment will hit your account.

The only plus about this type of direction is it does specify a date for completion, 5th June 2007, as long as you have tried to get DG to settle your claim before that date you are in the clear and all the pressure is on DG

pete

[lateralus]

and to that end - keep copies of all those nudges!

[tomcody]

Hi all sorry haven't been around much lately! Posted 2nd nudge letter today - slightly more pressure applied in this one! Lets see if this one gets a reply. Do I need to worry about the AQ fee at mo? lol

[lateralus]

you might ring the court just to check, doesn't hurt.

[st24driver]

Tom, when I rang the court they told me to send payment straight away to cover the AQ fee