jk v HSBC ###won!###

[Advoc8]

What was the date of service of your claim?

 

If it lets you apply for default judgment on Monday your application won't be processed until Tuesday. If they submit a defence that arrives on Tuesday at any time before the close of business you won't get your default judgment.

[Janeykate]

Oh,, thats a thought,,, so even if I press for judgement on Monday,, dg still have til the close of business Tuesday to apply for a defence. My claim was acknowledged on the 8th march..

[Advoc8]

That's right. By the way it's the date the claim was deemed served that's the important one, not the date it was acknowledged - that's the one you add 28 days onto.

[Janeykate]

Hi again advoc8.. The only communication I've had from mcol is notice that acknowledgment of service has been filed - 8th March and response pack with acknowlegment of service signed by dg on the 8th march... how do I find out when the claim was deemed served?? should I have had some form of communication for this??

[Advoc8]

It's normally 5 days after you file the claim, I thought they normally sent a letter out telling you when the deemed served date was?

[Janeykate]

Yes, you would have thought so.... but not received a dicky bird!! so according to my call to mcol, I've had to put another 5 days ontop of the 28 bringing it up to the 9th (monday). will be interesting to see what happens?

[lateralus]

ok, so it's filing date + 5 days + 28 days - so, if that is monday, it's bank holiday - don't know what that will do to it - just try pressing the button from time to time - if it's too early - the button won't let you do anything and if they have defended - it will say you can't continue with mcol. that is all perfectly normal.

[Castlebest]

The deemed served date is on the notice of issue form you received before the acknowledgement, I submitted my claim on the 7th March it was deemed issued on the 13th, and my 28 days is up on the 10th April.

pete

[Janeykate]

hi, well I don't know whether to believe this.. but just pressed start on mcol and have got judgement by default!!!! can't believe it... anybody else had this... surely it can't be this easy??

[Janeykate]

been on mcol again.... judgement is being requested, from what I can make out hsbc still have til 10am tomorrow to defend judgement.... am keeping everything crossed ------- just know somethings gonna come along and burst my bubble???

[lateralus]

yes, here's a heads up - this does happen and in 99% of the time - the judge gives dg an extra week to file their defence - it's not fair - we all know it - but it happens. however - we have seen - not for awhile - but we have seen probably two where dg didn't file - it goes to a judge and dg hold their hands up and just pay. so, how lucky are you? keep on top of it - but don't be disappointed if you don't get a judgment that easily - lots don't.

[Janeykate]

Thanks latty, will bear that in mind... Rang mcol this am, have told me that I'll have judgement tomorrow?? have definately got the butterflies... !!!

[Janeykate]

hi all,, well I did count my chickens....... shouldn't have as just been on mcol and dg have issued a defence within the 24 hours I requested judgement. and because its within the 24hours it'll now go to court... not that I've had any communication from dg!!! Do I now wait for the aq (if I get one) and any idea how much longer this will take???

[lateralus]

i think first maybe a call to dg to see if they have received your breakdown - that's the first stop.

wait for your paperwork - i'm pretty certain you aq will have been dispensed. take a look at my thread about the 28days - aq may not be required as i've put a little nudge letter in there for you to send dg about a week after you get your paperwork. but do ring them - just to ask if they have received your breakdown (which you sent already??!!, yes!)

[Janeykate]

Thanks latty... did send dg schedule when claim was issued, then followed up with a phonecall to make sure they got it!! but will ring them tomorrow.... suppose I'll just have to see what paperwork they send and whether I get an aq!! I keep reading your thread latty its so useful...

[Janeykate]

Hi, does anyone know how long after a case has been refered to court when I'm likely to receive paperwork... Got letter on the 11th saying case transferred, but still haven't heard anything or received anything??:idea:

[lateralus]

did you get the transfer to local court - does it say the aq is being dispensed with in this case? if so, we don't actually know when you'll get more paperwork - it's when the local court decides to move on it. meanwhile - you can read the new thread - after 28 days- maybe no aq

and it should clear things up a little.

[Janeykate]

Thanks latty.. I'm just getting a little impatient.. transfer to court (don't know which one yet) was made on 11th... will just have to wait I suppose until court sends out papers... see if I get aq or not!!

[Janeykate]

Hello hello,, I have received notice of transfer which is to Aldershot county court. AQ has been dispensed with and also enc dg's defence.

Am I right in saying that I now send letter to dg with enclosed spreadsheet showing the 8% up until claim filed with mcol?? Also letter and draft order to court manager??

 

and how much longer will this take butterflies anxiously fluttering!!

[Janeykate]

Hi,, letter, to DG,,, please any comments most welcome. especially about o/d interest.... I calculated that as per honeygie's post... ie was being charged interest within my agreed o/d limit.

 

It has come to my attention that as of 11/04/07, an Allocation Questionaire in this case will not be required.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of xxxxxxx. which includes overdraft interest, charges, court filing fee and statutory interest at the rate of 8% . I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

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 yourselves and the judge in court.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges

[Janeykate]

Gosh,, and another thought I've been forgetting to add on the daily interest on the total amount thingymagig whatsit??? should I and how do I do that on s/s ??. My claim is now 7.5K am really feeling those butterlies----------

[jowalshy]

Have you still got your original s/s? If you have just add a note on the bottom saying " Daily interest = £xxxx.xx X 0.0002 = xxp. Total interest accrued to date xxp X xx days = £xxx.xx. Total claim = £xxxx.xx.

[jowalshy]

ooops sorry daily rate it total claim(charges + interest) x 0.0002

[lateralus]

i understood daily rate should not include interest as you would thus be applying interest on top of interest - so it's charges only(including o/d interest as a part of your charges but not the 8% interest) X0.00022 - and roughly should be about £1.30 per day (that's based on 6k - just for comparison sake so you know you are in the right ballpark!)

 

what a letter!!!lol

[jowalshy]

yep your right Lattie....sorry janeykate.. I had a senior moment. lol.