Becci v HSBC ****WON****

[syds mum]

heres a copy of letter i sent along with N225 form ... i would also send copies of proof of posting of your letters to defendant and court, to show the judge you can prove you did indeed comply with the directions on time!!! i didnt and my judgement was rejected on this basis... but promptly sent proof in and it was reconsidered and i got my judgement... i also enclosed a copy of directions and updated SOC!!!

 

to recap..

 

1. letter below (put in your details)

2. N225 (filled in with your claim detials)

3. proof of posting (to show you complied)

4. copy of directions

5. updated shecdule of charges

 

Derby County Court

Combined Court Centre

Morledge

Derby

DE1 2XE

 

 

01/08/2007

 

Dear Sir/Madame

 

RE: ####### – V - HSBC

ACCOUNT NUMBERS: ##########

CLAIM NUMBER: ########

FILE DATE: 21/05/2007

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Douce dated 5th

July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served documents, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to comply with this order, the Defence will be struck out without further order and the Claimant shall be entitled to enter judgment.” The Claimant therefore requests judgement against the defendant due to none compliance, for the claimed amount comprising of £805.00 (initial claim) and £80.00 (court fee) and £204.96 (interest under s.69 County Courts Act 1984). I have taken the liberty of enclosing an updated schedule of charges.

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

 

 

 

Yours Sincerely

 

 

##########

 

just yell if you need anything else!!!

 

debbie xx

[becci]

Wow thanks Debbie that did cross my mind but Ihardly dared hope I was right!! I'm busy dashing off all the things on your list now! Where can I find form N225?

 

This is the letter I've drafted - I've just amended the wording to apply to my directions:

 

Dear Sirs

*** v HSBC Bank plc

Account Number: ***

Claim Number: ***

Date of Issue: 4th May 2007

I refer to the matter above and the order made by His Honour District Judge Jones dated 24th July 2007, a copy of which is enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served documents, as specifically directed in direction 3.

 

Accordingly, as the said order states “In default, the Defence shall stand struck out without further order and the Claimant may obtain judgment with costs by filing a request for judgement”. The Claimant therefore requests judgement against the defendant due to non-compliance, for the claimed amount comprising of £1,751.50 (initial claim) and £120.00 (court fee) and £388.14 (interest under s.69 County Courts Act 1984). I have taken the liberty of enclosing an updated schedule of charges.

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours sincerely

[syds mum]

You can download form N225 from here..(Forms)

Do it ASAP.

Her Majesty's Courts Service - Home

 

hope this link work you just click and then find N225 form.. you have to fill it in and then print off.. can't copy and paste...

 

hope it all goes well love...

 

debbie xxx

[becci]

Thanks again Debbie, I'm filling it in right now! In the "Judgment Details" section D, where it says "interest since date of claim" do I just calculate how many days it is since my claim was issued and multiply it by the daily interest rate of £0.38 I've given in my nudge letters? The form asks the interest to be expressed as a % but I don't know what that is!

 

becci x

[Castlebest]

Becci, letters from DG mean nothing, they are sending out this letter a lot and its meaningless propaganda designed to unsettle you. I have even seen it sent where they have not applied to the court for a stay:rolleyes:

 

Your Judge will decide whats happening with your case so hold fire until you hear from the court .

 

pete

[syds mum]

thats right love... work out how many days since your date of issue then x by your daily rate... its 8% intrest rate and the figure you have at the bottom should tally with your updated SOC...

 

debbie xxx

[Castlebest]

thats for stays of course, missed deadlines are totaly different

 

thank gawd you read things properly sid's mum

 

pete

[syds mum]

i am off to bed love hope you get it all in order will log on in morning so if you need owt else just post it and i will get it first thing!!!

 

remember send it recorded as soon as you have it done or take it down to court in person if you have time tommoz!!

 

night love!!

 

debbie xxx

[becci]

Thanks so much for your help tonight fellow night owls debbie and pete! Maybe HSBC's c**k up will work in my favour for once...

 

I'm off to the court tomorrow morning to get my docs in and hopefully pip them to the post! I've printed off a copy of DG's signature when they signed for my court bundle 3 days before it was due. I'd like to say they can't argue with that, but we know them better don't we folks?!!

 

Nighty night

 

becci xx

[syds mum]

yes becci... they cant argue the signed print off... thats all i sent with photo copy of recorded delivery slip you get from post office and i got my judgement!!! you could well pip them at the post.. heres hoping!!! make sure you get a reciept from court, date stamped for today for you judgement paperwork!!! if nessarary you can use this to argue in court should it not be vacated!!! and remember dont take anything DGs send you to heart... its the court you listen to!!!

 

good luck.. i feel another victory on its way!!!

 

debbie xxx

[balloons]

Hi Becci

 

Dont know about you tracking my claim, i've just learnt loads from yours....My court dates isnt until mid October in Wrexham. Sorry Babes looks like i'm tracking yours. Pity I didnt read your thread this morning I would have been off to court myself.

 

Good luck....

[becci]

Thanks balloons its nice to know there's others in the same boat...even if the sea is a bit choppy!

 

I took my request for judgment to the court in person at lunchtime and got a date-stamped receipt. They could not find anything from DG requesting a stay...so it looks like I could've beaten 'em to it! Gawd I hope so!! Also, the nice lady at the court said they are looking at cases on an individual basis, which is good news for those of us as Stratford on Avon. Fingers crossed...AGAIN!!

 

Good luck with yours too babe xx

[balloons]

i'm gutted i never read your thread earlier, tried to call the court but they shut at 4.00. Trust me, i will be bright and early on Monday, or should i be a night owl like you.....

 

I hope it all works out

[Castlebest]

Well done Becci !!! fingers crossed for you

 

pete

[becci]

Luckily I was tipped off by Syds Mum last night so I thought right, I've got to get it done tonight so I can drop it off at the court today. So I was up til about 1.30am getting it all sorted. I've been next to useless all day at work today!!

 

Get yourself down to the court on Monday morning and see if you can beat the blighters to it!

[syds mum]

great news becci.. you have to be one step ahead!!! and looks like you just got in love!!!

 

keep up the pressure.. they will crack eventually!!!

 

keep us posted!!

 

debbie xxx

[becci]

So what happens now then chaps- do I just wait to hear from the court as to whether judgment is allowed?

 

Also, what is likely to happen at my hearing on 4th October? Should I be getting anything ready for that? Knowing what they're like, I want to be well prepared!

 

becci

[Castlebest]

You could try phoning Monday/Tuesday to see when the clerks expect your Judge to make a decision.

 

If he does award you judgment get a copy ASAP and then get a warrant and set the bully boys (bailiffs) on your local branch .

 

pete

[syds mum]

hi becci as castlebest says... ring court... mention that your court date is 4th oct and wanted to know if judgement likley to be seen by judge in time.... know when i was asking they said 2 weeks backlog... all depends which court and how many claims they have to deal with!!! if you tell them your court date looming they may try and push it thu for you... cant foresee any problems if you sent in everything on the list.. ie proof of posting etc... there is defo no arguement,why you should not get your judgement... as far as i am concerned.. but as you say.. you know what they like full of dirty tricks... i am sure all will be fine love...

 

debbie xxx

[lateralus]

keep this info handy:

[/url]Got A Judgment? How To Get Paid

How to enforce a Judgement.

 

Judgement against bank. What now?

bankfodder says on post 7:

"Don't count on the money finding its way to the bank.

 

You shoujld go to the court on Tuesday and obtain a warrant of execution in order to put the bailiffs in at your local branch.

 

There will be a fee for this but this will be recoverable by the bailiffs on your behalf.

Don't bother to inform the bank.

 

Get it going as quickly as possible. there may be an appication to setaside but I don't really see how they can succeed on this. The court will be well aware that in that case the bank will be seeking a stay and has no intention to defend"

[becci]

Thanks guys, most helpful as always!

 

I think I will ring the court this week just to try and find out when the judge is likely to look at my request for judgment, even if its just to make sure it doesn't disappear in a pile of papers somewhere!

[becci]

Does anyone know where I can find the thread that someone was updating regularly to show how the various courts are dealing with bank charges claims? or has it fallen by the wayside?

 

becci

[Castlebest]

Hi becci, I think its been moved to the stays forum

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/111130-new-forum-stays.html

 

pete

[becci]

Thanks pete, you're a mine of information so you are! I've added my court's info.

 

becci

[Rayne]

I'm actually considering putting Pete up for God'ship as I feel that he could make a better job of it than the current one...

 

Please no flaming to that anybody