sarah v HSBC

[sarah...]

p.s

 

do we have a template for a letter?

 

because i have only 10 days to respond to this offer, if i write to them tell them im not satisfied blah blah blah, the offer will run out, what do u think the chances are of getting another offer?

 

????

 

thanx, s.

[pinkduchess]

sarah youve got to do whats right for you. its not a matter of being defeatist by accepting a lower offer. try to get your offer increased - sounds like this is the least stressful route in your circumstances.

[Castlebest]

Have they told you what they have taken out of your claim schedule to get to their figure?

 

I would just say further to your letter and subsequent telephone conversation you are disapointed with their response... and go on to list why you think they should pay each element of your claim.

 

pete

[freakyleaky]

In your letter try to let them know you are not intimmidated by them.

Make it clear that if they don't pay you the ammount you have claimed then you will have no quarms about taking your claim to court.

If they still come back with the same offer you can accept it knowing that at least you did all bar going to court.

 

If you did decide to go ahead with a claim you would get all the help you needed on here. I understand thet your circumstances are not ideal for taking this on at the moment but in 3 months time you would have received all of your money plus interest! Loads of nappies!

 

All the best with whatever you decide!

[sarah...]

nah, they just told me on the phone it was an 85% offer, sounds like some sort of procedure to me.

 

thanks for the help.

 

x sarah.

[sarah...]

hello all,

 

just to let you know i decided to take it to court, i have posted off my two claim forms with particulars and schedules.

 

just wonderd what would happen next?

the guy at court was so unhelpful, kept saying i havnt put this and that on forms, i was thinking...what are you on about? thease forms are completed to the best of everyones knowledge at cag!!!!! they are not WRONG!!!

 

He said that my claim for interest could be thrown out because i didnt show the sum thing...the 0.022222 whatever thing! if i did the sum for every charge my claim would be a million pages long. what a caffufle!

 

 

so anywho, the forms have gone off and i cant do anything about it now.

so im just waiting to hear from the court now.

 

my partner seems to be offering my bank charges service to everyone. cheeky sod! he hasnt done a thing himself!

 

might start charging!!!!!!! :eek:

 

take care!!

 

s. xxxxxxxxx

[sarah...]

hello all,

 

got a question,

 

recieved letter today from local court saying that the defendant filed an acknowledgement of service on 26 july, with an intention to defend all of the claim, it says that the defendant now has 28 days to file a defence, is this right i thought it was 14 days?

 

so am i right in thinking that they will put in a defence at the last minute?

 

then how long do they have to pay up? what usually happens next?

 

would be greatful of some guidance have so much to worry about at the moment.

 

thanx

 

sarah.

[Sarah Frost]

Hey Sarah

 

HSBC have 14 days to defend and then they have a further 28 days to file a defence. Its a long process!!

 

With my claim they waited until the very last minute (the 27th day!!) and thats how they play it the whole way through. They want you to give up and drop the claim i think - thats their plan anyway!!

 

Im not much further in front of you but I filed my claim on MCOL on 19th May and ive only JUST got a court date. Once you get a date you can start nudging MCOL to pay up - and as usual they will probably wait until the day before court to pay me!!

 

Im not saying thats what will happen with your claim - you may well be lucky and get paid out quicker!! Fingers crossed for you!

[sarah...]

thanx sarah,

 

so they will put in a defence at last min, then they have untill a court date to settle.

 

knowing me ill end up in court, nevermind i revel at the thought of having a big fight in court room like ironside!!!!!

 

tee hee that would be fun.

 

good luck sarah, keep us posted, i didnt do mcol i did it at local court but so far id say theyre very efficient.

 

s

[sarah...]

hi again,

 

at this stage do you think its worth nudging???????????????

[sarah...]

hello again,

 

halifax have untill the 8th to reply to claim, is the court letting banks havin more time to submit a response?

 

if they dont respond, does that mean that i ask for a judgement?

 

sorry, have read faqs and searched site cant find any info,

 

take my baby to hospital tommorow just wanted to know in advance what i should be doing,

 

also hsbc have defended all my claim, i knew they would, should i send copys of shedule with 8%, to them?

 

thanks in advance.

 

sarah.

 

p.s getting a bit stressed out now.

 

help woiuld be greatfully recieved right now.

 

s xxxxx

[Sarah Frost]

Hi Sarah

 

Thought it might help to let you know how my claim went:

 

on 18th May i submitted claim on MCOL. I sent a copy of my charges to DG and also a copy to the court manager.

 

On 22nd May i received a NOTICE OF ISSUE - which is basically a copy of my claim. HSBC now have 14 days to respond.

 

On 26th May i received NOTICE THAT ACKNOWLEDGEMENT SERVICE HAS BEEN FILED - shows HSBC had acknowledged my claim and now have 28 days to respond.

 

On 27th JUNE i received NOTICE OF TRANSFER OF PROCEEDINGS which was letting me know HSBC were disbuting my claim and a defence had been filed. Now you just wait for a court date.

 

On 20th July i received a NOTICE OF TRIAL DATE which gave me a court date of 21st September and i also received a NOTICE OF ALLOCATION TO SMALL CLAIMS TRACK which tells me who my judge is and what my next step is.

 

Hope this helps!

[jowalshy]

What directions were you given with your court date?

[Sarah Frost]

Who me? I was told to send all documents which i intend to rely on into the court no later then 14 days before my court date. So thats 7th Sept i think??

[jowalshy]

Yes, you have to submit a bundle by 7th Sept. Just give your court a ring at the end of August and ask whether your claim has been stayed (paused). This should then give you time to submit a application for removing of the stay.

[Sarah Frost]

Well i phoned them about an hour ago and the lady there said shes not heard of any of the cases there (Bromley) being stayed so hopefully ill be ok. Im going to send my bundle off this week to DG to nudge them a bit! When DG submit a request to Stay - how long does it take for the judge to grant it?

[sarah...]

hello all,

 

out of hospital whoopeeeeeeee,

 

halifax have run out of time to respond to my claim , so i am asking for a default 2mora,

 

anyone come across this?

 

been trying to find similar thread but cant,

 

is there anything i should know?

[lateralus]

this may help -

Guido T v Lloyds TSB ***DEFENCE STRUCK OUT - WON**** (1 2 3 4 5 ... Last Page)

GuidoT

 

post 122

[sarah...]

cheers latty,

 

but i still dont get it (thick or what),

 

they had until 8th aug to aknowledge claim, and they still havnt,

 

im claiming through local (pontefract) county court using n1, as cant do mcol as get fees paid!

 

at the bottom of the letter is says to tear it off and post back to court for thrm to make judgement if had no reply in the 14 days.

 

so i will post registered today, i have the right to do this right?

 

the court wont just suddenly decide that theyre aloud more time to respond?

 

bit worried what im doing is wrong, and im going to mess things up!!!

 

meanwhile.....

 

hsbc still waiting for defence, have untill 23rd.

 

hope im doing the right thing.

[freakyleaky]

If you are following the directions from the court, ie no reply within the 14 so send of the judgement form, then you are doing what you are entitled to do according to the court.

The courts do have a track record of allowing more time but don't think about that until it happens. The court will let you know!

[sarah...]

thanks freaky,

 

sometimes i doubt myself.

 

if only we all lived in middle earth eh?

maybe ill get lucky and court will issue the judgement.

 

sarah.

[freakyleaky]

Fingers and everything else crossed for you!

[sarah...]

hi ,

 

just rang ponterfact cc and halifax have definatley not responded so off to the postie i go....laughing all the way.

 

the guy at court said he does see them sometimes (non respose from bank) and to just enter judgement to pay immediatly,

 

then if they dont pay to get a warrant!!!!

 

halifax wont be lending any money any time soon, heheheehehehe.

 

thanks freaky for keeping EVERYTHING crossed, mmmmmm one wonders what ur user name means!

 

 

will let u know what happens next!

 

sarah.

[sarah...]

yo yo yo peeps.

 

recieved a letter today from optima legal services with their defence to my claim, dated 15th aug!

 

the problem being they should have aknowledged my claim before the 8th aug, i sent the request fro judgement on monday and also rang the court and they said they had no reply from the halifax, and also the guy said that if they recieve my req for judgement before they can get an aknowledge in , then they will be served with a judgement.!! i still havnt heard from the court. yet i recieve a defence from halifax solicitors on the 15th.

 

do you think the court will allow this?

 

being a week late, and ist it my decision anyway?

 

court open in 15 mins and i am going to ring them.

 

please god let my request have got there first!

[sarah...]

CANNOT BELIEVE THIS!!!!!!!!!!!!!!!!!!!!!

 

just phoned court, aparrently halifax aknowledged the claim on the 1st august!!!!, ive had no correspondance from court and when i rang them monday they said theyve recieved nothing form halifax!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

how can this be!!!!

 

im so f****d off.

 

and i dont know why im even typing this because i seem to be the only person who replies to my thread.