FamilyAJAS vs HSBC ###won###

[FamilyAJAS]

At last I have made my decision... I am not going to accept their offer or anything in between.

The claim has been filed at my local County Court anyway and the bank have until 28 May to state their case/defence

 

They offered me £1000 less than I was asking for, I was thinking of accepting a mid-range figure but why should I?

For the sake of 5-6 weeks that's £600 more... I think it's worth the wait

 

So I will send the appropriate letter refusing their offer

[Castlebest]

Good for you AJAS just need a little patience and you will get all of your money back.

pete

[FamilyAJAS]

Right I've done the letter, and to be on the safe side I will also mail a copy of it to DG solicitors, so they are all informed

(I have made the slight adjustment for the £36.00 + £27.50 that was being disputed... isn't that nice of me )

 

Here's hoping I've done the right thing and that the wait isn't too much longer

[FamilyAJAS]

just having a quiet wobble here

 

a local bank was taken to court (think it was with the Lloyds bank) and the judge ruled in favor of the bank and the claimant ended up with nothing

 

are the tides turning now and banks actually prepared to meet people in court?

 

does this mean that my claim may actually get to the court and I could end up with nothing?

 

how does this fair with the fact that I have already been made a provisional offer?... would that still stand as their admission of guilt to the extortionate charges levied on accounts

 

should I maybe back-track a bit and ask for a lesser figure now?

[jowalshy]

Don't panic. Here is a link that will hopefully reduce your wobbles.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

[FamilyAJAS]

Well after waiting what seems like an eternity I have today received a letter in the post from my County Court:

 

 

Notice of Allocation to the Small Claims Track (Hearing)

Court Date set for 11.15am on 23 July 2007

 

So I guess I wait it out some more for the 23 July to arrive

 

If I have to go to court I would appreciate some company there from someone who has been here before... not sure if this is possible or not

[lateralus]

were there any other directions?

 

also, sometimes the local courts charge the allocation fee - so i'd ring and ask if the allocation fee will be due in this case - some say yes, some say no and some don't even let you know it's due. just ring to be sure.

[FamilyAJAS]

All that was written in the letter

 

"DISTRICT JUDGE TROMANS has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 11.15 on the 23 July 2007 at Plymouth County Court,... and should take no longer than 15 mins.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Date: 30 May 2007"

 

So in answer to your question I dont think there was a direction for me to do anything other than attend the hearing

 

There are notes at the bottom of letter saying to notify them (at least 7 days prior) if i cannot attend. My case may be stricken out if i don't attend and i will forgo the right to defend or counterclaim, and note about if the defendant does not show, but I do, he will base his judgement solely on the evidence of my claim.

[FamilyAJAS]

reading thro a few other poeples threads it seems that they were advised to prepare bundles of information to be submitted to the court... my letter says nothing of this at all... should it?

 

If so, what exactly do I put into the bundle?

 

Am I likely to get some sort of better offer, other than my previous one, from HSBC solicitors in between now and the hearing date?

 

because the thought of going to court is scarring the living daylights out of me, I'm so worriesd I will say something wrong and messs up all this hard work.... but having said that, I will still be there (tho someone to accompany me would be very much appreciated)

[lateralus]

no, it shouldn't get that far - so 23 july is the next time something is due (you) on the court side - no bundles -or they would have said so.

you should read this - just so you get used to the idea:: GOT A COURT DATE? A guide to the later stages and other guidance notes in that section. but my best advice would be to nudge dg every 10-14 days with a letter - offering to discuss it with them, letting them know you are still around, just generally being available -

if present trend holds - you should have an offer before then. just like the scouts "be prepared".

see the aq threads in my signature for nudge ideas.

keep posting and watching others.

you'll be ok.

[Castlebest]

Looks to me like you have a district judge with some sense, he/she has just allocated you a court date with no strings to give you the leaverage you need to get an offer from DG. Dont forget to mention the court date in your nudge letters .

 

pete

[FamilyAJAS]

copy of 1st "nudge" letter to DG Solicitors

 

Dear Sir/Madam,

 

It has come to my attention that as of 30 May 2007, that an Allocation Questionnaire may not be required in this case.

 

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 prepared to forgo the daily interest presently accruing at £0.59 per day, currently standing at an additional 35days x 0.59 = £20.65
  
• As I am exempt from paying court fees due to my low income, the court fee of £120 is negligible in this case.

I am willing to accept the sum of £3,094.00 (as stated in my letter to you dated 04 May 2007), this figure reflects a just and fair amount.

 

I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

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.

 

I would like you to be aware that I have not yet received a copy of your defence, if you could please send this accordingly; I would very much appreciate it.

 

I look forward to meeting you in Plymouth County Court on 23 July 2007 at 11.15am.

Sincerely,

 

 

 

 

 

I do hope this has been worded correctly, could someone please just check it over before I actually mail it off..... thank you

[Castlebest]

Looks fine to me, I like the "see you in court" bit

 

pete

[FamilyAJAS]

just a quick question... you know if we send another copy of the "Schedule of Charges", this changes daily with the interest being added on doesn't it...

 

so do we send it with the new figures, or scan the original and send what they already have?

[Castlebest]

Strictly speaking you should send the same schedule as you submitted with your original claim.

 

pete

[FamilyAJAS]

ok thats clears that up, thank you

[jowalshy]

just a quick question... you know if we send another copy of the "Schedule of Charges", this changes daily with the interest being added on doesn't it...

 

so do we send it with the new figures, or scan the original and send what they already have?

 

 

I sent the original one that agrees with my court claim and added on to the bottom of it:-

 

Daily interest charged @ x.xxp per day

Days since filed xx days

 

Total daily interest accrued to date £xx.xx

[jowalshy]

You can also change the date on your computer to the date you filed your claim. Go to the time in the bottom right hand side of the screen. Right click on it and then click on adjust time and date. Then just change the date to when you filed your claim and your spreadsheet should go back to what it was when you filed your claim.

[FamilyAJAS]

ok thank you very much for the tip

 

first nudge letter has been mailed off today, so waiting for a response from DG Solicitors now

[FamilyAJAS]

10 days have passed.... no reply yet from DG Solicitors

 

So today (14 June) the second nudge letter is being sent to them. This time enclosing a copy of the original schedule of charges.

 

So let's wait to see if I hear from them this time

 

 

 

Question: Do I continue to send nudge letters every 10 days to DG?

[FamilyAJAS]

OK offer from DG Solicitors came today

 

I have accepted their offer, which was more than originally offered but a little less than I was asking for.

 

Unable to give exact figure as they wanted a confidentiality agreement on exact payment

 

Thankyou all so much for the help and guidance offered to me throughout this procedure. I couldn't have done it without you guys.

 

You rock

[Castlebest]

Well Done AJAS !!!! You WINNERS !!!!

 

pete

[lateralus]

Congratulations - Long Time Coming But Hopefully Well Worth The Wait! Good Luck To You!

[pinkduchess]

congrats

[FamilyAJAS]

Thank you all for warm wishes and congratz

 

couldn't have done it without you guys