Other half V HSBC

[Celicaman]

Checked MCOL this afternoon (25th July) and now says that the claim has been acknowledged which is super quick considering it was only issued on the 23rd July.:o

Schedule of charges is on its way to DG.

 

Is this the correct address to send to..?

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Yes thats the correct address

Make sure you also send 2 copies to the court as well asking to have put with claim, if they allocate change of court, safe bet send new court 2 copies as well

 

CM

[Doz]

Thanks for your help Celicaman. 2 copies were sent when the claim was issued so iv'e got that angle covered.1 left to send to the address above and then wait for a defence to be filed.

[Celicaman]

Would still send extra copies to court IF you get a change of venue to local court, they have been known to go missing as for some reason they seem to be very busy

 

CM

[freakyleaky]

CM is right there. MCOL may not forward all your details to the local court when it get's transfered. Even if they do my thinking is to much information is better than not enough!

[Doz]

Update.

 

MCOL is still saying that our claim has been acknowledged and no defence has been filed after 15 days.

we've hit a minor snag, Been checking Royal Mails track and trace for recorded mail for the schedule of charges that we sent to DG Sols, was still showing it had'nt been delivered.

So i decided to give royal mail a call to check, I was told it had'nt been delivered yet and could take upto 15 days to deliver mail due to the postal strikes, They have at least a weeks back log. I will have to put in a claim after the 15 days if it has not been delivered by then.

So now i have printed another copy off and will be posting first thing in the morning.

Just hoping now that i dont get a letter from DG saying the claim to vague..Fingers X

[Doz]

Just a quick question...Has anyone started nudging at such an eairly stage.??We are only 16 days after aknowledgement.

[Doz]

Hi all. It's now been 24 days since my court claim was served against HSBC via MCOL.No defence has been filed yet and i'm hoping they don't so i can go for the judgement button. How many days grace should i give them before doing this.?

[pinkduchess]

i think once the 28 days are up (after midnight) you can press the button. it wont let you do it of youre too early.

[Doz]

Hi all again and thanks for all your replys. I have a couple of questions again.

 

Upon looking at the letters sent by Northampton County Court (MCOL) i am bit confused.

The Notice of issue letter states that my claim was issued on the 23rd July and says that it will be deemed to be served on 28th July.....BUT..the Notice of Acknowledgement letter & on MCOL website says that HSBC acknowledged my claim on 25th July, So..am i right in thinking that it MUST of been served in the 24th July which means that i can file for judgement tommorow (22nd August) OR should i count 28 days from the date stated on the letter being 28th July..?

 

Of course this is assuming that they don't file a defence in the mean time.!

 

Appologies for all the confusing dates.

[Castlebest]

Hiya Doz, the dates confuse a lot of people.

 

The deemed served date is the important one this is the date all the time periods run from.

 

DG have to acknowledge your claim within 14 days of this date, this tells the court if they accept your claim or are going to defend it.

 

DG have to submit a defence within 28 days of the deemed served date, this will trigger the transfer to your local court.

 

so 28th July deemed served gives you 25th August as the day DG have to submit a defence (press the button after midnight)

 

pete

[lateralus]

i saw you question in zoot's thread about all mcol being stayed - she says if they don't defend in time - file for judgment -

don't go pressing the button all the time (it can cause a mishap) but try once each day - if it's too early it won't let you press and if they have defended it will change to a message that says you can't proceed - that means they have defended and according to the info available that would mean you claim is stayed until after the test case - but at least you are in the system to be dealt with at that point. so, just check the website each day until you get a different message.

[Doz]

Thankyou Castlebest & Lateralus for your help. Yet again you have both very helpfull of which i am greatfull.

[Doz]

Checked MCOL today and HSBC have defended the claim which i had a funny feeling they probably would but i was hoping that i could of filed for judgement.

 

Right..I haven't got to this stage in a claim yet so as from now this is all new to me.

So am i right in thinking that my claim will now be transfered to my local court and I will have wait for further directions.?

[jowalshy]

Yes, MCOL will send you a "Notice of Transfer of Proceedings" letter which will detail the court in which your claim will be heard. Unfortunately you will probably get a letter from DG saying that they are going to apply to your local court for your claim to be stayed. It will then be up to your local court as to whether they will stay your case.

[Doz]

Hello again. I issued my claim via MCOL 2-3 days before the test case and I have this morning recieved a letter from Northampton County Court regarding our claim and it reads:

 

Between ...........

and HSBC BANK PLC

Before Distrcit Judge Murdoch

Sitting at Northampton County Court

Without Hearing

IT IS ODERED THAT:-

1) Following the filling of defence or holding defence the claim shall be stayed pending judgement in the Office Fair Trading test case.

2) Liberty to apply with an explanation.

Note: Any party effected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

On the defence papers the defendant claims:

 

We intend to defend this claim and will file a full defence within 28 days of the stay of proceedings expiring.

What does this mean now.?

[Castlebest]

Your claim is stayed until the OFT test case gets an unoposed judgement but you are free to apeal against the stay which I belive most of us are doing.

 

pete

[cristinaw]

I have recieved a letter from HSBC dated 7 June 07 and it reads:

 

Dear *********

Thank you for your request with regard to information about transactions and charges/fees on your account.

We will forward to you copies of statements covering the period in question. These will begin to arrive in seperate batches and will be with you shortly.

We are happy to waive any fees for the production of this information and in order to protect your security, we have destroyed the cheque you sent on bank premises.

Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a variety of situations including; account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

If you require more information, please let us know.

Yours sincerely

Angela C Harris

Centre Manager

 

So i'm going to get them in dribs and drabs then but it has'nt cost me a tenna!

Bearing in mind i recieved this letter after 42 days of requesting them and up to now it has been 45 days.!!

A delaying tactic maybe..?

 

Hi, I have a question, I am in the Us and I got a letter too from this lady Angela, do any of you have her email address? THank you!

[rdm2006]

Hi, I have a question, I am in the Us and I got a letter too from this lady Angela, do any of you have her email address? THank you!

its not an employee its a Pseudonym used just for sending letters