Harejon V Hsbc

[harejon]

cool, I'll do that. thanks very much.

[lateralus]

they will have a copy of your claim and you put the total in the particulars - so it's best the breakdown agrees with the claim - that's why you don't change it - it stays the same amount from the date of the claim (with the addition of daily rate of interest if you put that in your particulars)

[harejon]

due to sick daughter and dead pc I've only just been able to get back to this.

 

I've printed off the 2 schedule of charges (1 for each account) as per the schedules I submitted to the court plus a summary page with:

 

charges xxxx

8% int. xxx

court fee xxx

TOTAL: xxxx plus £0.39/day from 04/05/07 (issue date) until settled.

 

I copied this from another one of your posts latty.

[harejon]

Defence filed 4th June 2007.

 

shame I was hoping they would forget and I'd win by default. Time to start revising.

[harejon]

I've heard nothing from the courts so far but is it worth nudging yet or should I wait for the court date and then nudge?

[lateralus]

i'd go ahead and nudge - have you had the actual transfer papers - anything at all from mcol - if not - i'd ring and ask - i know they are busy - but you should have had a notice of transfer, copy of their defence by now i'd have thought - then it's another wait til the local court gets in touch - - i'd ring mcol just to ask. and go ahead and nudge with a copy of your breakdown.

[harejon]

I've heard absolutely nothing since:

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

I'll ring 'em.

 

On the template letter front, I copied this from somewhere:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date(mcol).

 

It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire 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 willing to accept the sum of £xxxx. (rounded down to nearest pound-keep this as your full amount including charges, interest and court filing fee). 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.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

 

You may recognise it , as I've heard nothing from the courts should I just lose the first paragraph do you think and keep the rest as is?

 

Thanks, your help is very much appreciated.

[lateralus]

Change the first para to I see by the paperwork that I have received that you are going to defend this claim.

 

 

and i'd ring mcol as 2 weeks + seems a bit long - maybe they are that busy - i'd just check. - have your claim number handy.

[harejon]

I received the Notice of Transfer of Proceedings today stating the AQ has been dispenced with and all correspondance should now be with Ipswich County Court. I take it now I have to wait for the county court to contact me with a hearing date etc.

 

I'll start my first nudge.

[pinkduchess]

you got it

 

when you do hear - just check whether or not an allocation fee will be payable. some courts are being a bit vague with this.

[jowalshy]

yes, I'm afraid you will have to wait for your local court to get in touch with you. Send your first nudge off, but say that the AQ maybe dispensed with as your local court may still insist on it. After a week or so, if you haven't heard anything from your local court, give them a ring and ask what is happening. Also ask whther the AQ is needed and if not is the fee still payable.

[lateralus]

so i guess two weeks plus a little is the going rate for mcol to get in touch telling you which court and sending the defence - they were much quicker a month or so ago - it must be piling up on them now!

[harejon]

just a quick update, I sent a nudge yesterday which they would have received today recorded delivery.

 

it mentions on the notice of transfer to check with my local court to see if the fee is still required. I'll give it a few days and if I haven't heard anything I'll give them a ring. Ta very much.

[harejon]

received the AQ from the courts today so £100 will be required.

 

I'll read it tomorrow when I'm less tired.

[lateralus]

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

[harejon]

thank you very much, you are a star!

 

I will digest this after a good nights sleep.

 

thanks again.

[harejon]

I'm having a slight moment of panic. The 'amount claimed' on my claim form should this include the 8% interest or should it simply be the total charges?? I can't find anything in the guides and can't remember where I read what it should be.

[lateralus]

Quote:

Amount of Claim

What amount of the claim is in dispute?

Enter the total value of your claim in the space provided - This should include all interest but not costs.

[IzzyK]

Hi really sorry to butt in on this thread but I'm at a similar stage (just filled claim) and this is my first post - trying to work my way around the site. How do I start my own???

[IzzyK]

Hi really sorry to butt in on this thread but I'm at a similar stage (just filled claim) and this is my first post - trying to work my way around the site. How do I start my own???

[harejon]

hello izzy, there is a button at the bottom of the thread page that looks like this:

 

 

click it and create a new thread called izzyk v hsbc (I assume?) and keep all your questions in there so everyone has the full picture and can help accordingly. good luck.

[IzzyK]

Thanks very much for the quick response much appreciated:)

[harejon]

Quote:

Amount of Claim

What amount of the claim is in dispute?

Enter the total value of your claim in the space provided - This should include all interest but not costs.

 

ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!

 

from mcol also:

 

Amount claimed

The amount you are claiming including any interest shown in your statement of claim.

 

I've gotten confused and put in the amount before interest. what a duffus!!

 

I take it I can simply contact the courts and get this changed and there will be a charge for this?

[harejon]

Thanks very much for the quick response much appreciated:)

 

you're welcome.

[lateralus]

did you put plus interest?