Saffy33 v HSBC ***WON***

[saffy33]

Just filed my MCOL claiming £1,248.08 so I thought I'd start a thread!

 

Progress so far...

 

14/02/07 - Sent prelim letter and schedule of charges (no response)

28/02/07 - Sent LBA (no response)

15/03/07 - Completed MCOL

 

Next steps are to send my schedule of charges to the Court and then sit back and wait I think?!!!

[givememymoney]

Yep once your MCOL is acknowledged send a copy to the court and DG. Sounds like you have it all in order. Good luck.

[Castlebest]

Welcome saffy, your a week behind me, my MCOL went in on the 7th March was noted as acknowledged on the MCOL web site on the 13th March, I'm just waiting for the acknowledgement paperwork in the post before I send my schedule of charges to the court and to DG.

Good Luck

pete

[saffy33]

16/03/07 Claim issued

20/03/07 Acknowledgement Filed

12/03/07 HSBC file defence

[nettyg]

let us know what paperwork you receive from the court saffy. whether or not you need to file an aq?

[Castlebest]

Aww saffy, I had an offer on the 8th, but still put in their defence today so they better get their act together and review their offer or we will be going all the way

 

pete

[saffy33]

Received a notice of transfer of proceedings. They have crossed out (in pen!) the bit that says please complete the AQ and another piece of documentation says:-

 

It is ordered that:-

 

1) The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

I also received the defence stating that HSBC are going to dispute the full amount.

 

It's 24/04 now and I haven't heard anything from the local court and I haven't heard ANYTHING from HSBC directly (so no offer )

 

Is there anything I should be doing?

[freakyleaky]

Hi saffy, join the club! Lots of people in the same situation now!

Have a read of this thread from lattie and it will tell you all you need to know about your next step.New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

[saffy33]

Great thanks for this it was all very helpful. I've just sent a letter to the DG stating that I understood the AQ will be dispensed with (and the amount I would accept - the full amount of course!). I have also sent a letter to the court with the draft order attached. Let's hope I get the full offer soon otherwise I'll have lots of printing and copying to do!!

[Janeykate]

Hi saffy,, you're on pretty much the same timetable as me... received same thing 'court dispensed with aq'. sent my letter to dg, plus letter and draft attached on the 19th. still not heard a thing from either... will be sending 2nd nudge in next few days........... good luck,,, hope we both receive an offer (full) soon!!!

[saffy33]

Me too - let me know if you hear anything!

[saffy33]

Have now received a General Form of Judgement or Order from the court saying:-

 

It is ordered that

1. The action be stayed until 23 May 2007 or until further order: the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove/extend the stay.

 

File to be referred back to the District Judge by 23 May 2007

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10.

 

I've read around and not found alot of people who have had this. However, the feeling seems to be that I should object to the terms stating that HSBC have had ample time to settle out of court and that they've never made any attempt to even respond to me. Is there anything anyone would recommend or any templates people have sent before?

 

HELP!!!

[GuidoT]

I have a similar situation (post 58 on wards):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-3.html

 

This should help too:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html

 

Be a bit careful with this information though, as it geared around Lloyds' devious activities.

[Castlebest]

Hiya saffy, Im guessing you have very similar to tom, see this thread from about post 261 onwards;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62692-gimmie-my-money-hsbc.html

 

Your Judge is trying to get you to use the mediation service, which is hopless, there is nothing to mediate except when the money is paid to you. here's another more extreme thread;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85935-claim-stayed-help-please.html

 

Mediation must look very good to a busy Judge (go away and come back when you have agreed) but there is nothing to agree. HSBC and all of the other banks refuse to provide details of their costs so they have to pay.

 

pete

[saffy33]

My claim was stayed until 23rd May but it's now 10th June and I haven't heard anything from the court about what's happening next. Should I be chasing them up?

[freakyleaky]

Yes absolutely! I don't understand the whole stay thing but I would ring the court and ask them what is going on!

[saffy33]

19th July - Received my first piec of correspondence from DG and HSBC offering me £1,437! I accepted and got the money almost straight away!!

[freakyleaky]

Congratulations!!!

[GuidoT]

Nice work, there is a letter below to inform the court of settlement:

Informing Court of Settlement

 

I will get your thread title changed.

 

Please donate something to this site.

[livelylad]

Thread moved to success forum.