sharongina v hsbc: court hearing 28 june ** WON **

[Catlover64]

Thats Lat.

 

One letter I shall send, It just seemed stange there was nothing from the court about what to do next, does this seem odd or can instructions from the court come later?

 

Hi

 

If I were you, I'd call the court to double-check whether the AQ is still required? If it isn't, then check that the fee still isn't payable if the AQ's to be dispensed with. Get it in writing if you can. I believe you still have to pay a further £100 if your claim's over £1500. This is recoverable from the bank as part of your costs.

 

Check with some of the others on here, but think I'm at least partly right...

[lateralus]

it's true an aq is still required in a very few cases - sometimes the local judge opts for one - but you will be told if this is true and then a fee would be payable. and it is true that some courts are requriing an allocation fee even if the aq isn't used - you can ring the local court and ask specifically if an aq fee is required - at this time - it is usually not but always best to check.

[sharongina]

Thanks for advise

I shall ring the court in the morning and see what they say,

will keep you informed

 

Sharon

[sharongina]

Hi

I rang the court, I had been told to ring back after 4.30 the clerk told me the district jugde is now looking at several bank charge cases he will be making a decission today whether these cases will be going through small claims, AQ questionaires have been despenced with, but he may make a decission about some kind of mediation any one know any thing about this?

I have to ring back about 4.45 today

[sharongina]

Please note if going through small claims, as far as I am aware even if you are not told as me, £100 fee is still payable!

[freakyleaky]

It was the same for me. I phoned the court and they told me to pay it but they didn't notify me previously.

Its a good idea to ring your local court and ask the question. Make a note of the persons name and the time and date, especially if they tell you you don't have to pay!

[sharongina]

Yeh it could get your case thrown out!

 

I have been told I will only have to pay if the district Judge decides it goes to small claims, if he decides on the mediation which I know nothing about I will not have to pay, anybody know anything about this mediation?

[freakyleaky]

Well they told me that as they had not informed me of the fee they wouldn't have thrown the case out.

As for the mediation route, I have seen a few threads on this but I just can't think where they are at the mo:confused: . I go look around:)

[freakyleaky]

Found this one sharon, hope it helps!

Mediation - a bad idea

 

[sharongina]

Thanks,

Oh no!

I am just crossing my fingers he doen't order mediation.

I'll let you know later, if so will have to do the rejection offer for mediation.

Thanks

Sharon

[darkrage]

hi - about the £100 aq fee - this is the letter i got from court

 

althought the district judge has dispensed with aloocation questionnaires in this matter the fee for allocation track is still payable.

 

the fee of £100.00 should be lodged with the court office within 14 days of reciept of this letter. if you do not pay the allocation fee when required the court may make an order striking out your claim.

 

in light of the red bit above i would definatly suggest to all once you have had the initial defence sent to you ring the court if there is no mention of this fee and 1. find out when the judge is reviewing your case and 2. ask the clerk if the judge requires you to pay the allocation fee. 3.then send a nudge letter to DG telling them its now going to cost them £100.00 more blah blah can i have my money back (there is a template for this in latties thread).

 

I have posted my cheque for £100.00 and sent DG a letter going to ring the clerk to see if they have recieved it. And in 9 days i will be sending another nundge to DG reminding them of my case etc and that im v determined and.

 

hopefully the judge in my case does not goto mediation route - i want my day in court.

[freakyleaky]

From what I remember dg won't even bother with it but as long as you do your part the court will be happy. I havn't even read that thread so I don't really know. I will have to take a peek for future ref!

[freakyleaky]

Well put darkrage! Thats what I meant to say but am no good explaining things very clearly!

[sharongina]

Thanks

So this mediation business isn't a new thing then?

Has anyone actually been through mediation or would th bank again settle before mediation date?

I note is says expensive, who pays for the mediation ? and if the defendant can it be claimed back with costs if the judge orders this

[darkrage]

thx freaky

[sharongina]

Hi

Just rang the court as requested,

it appears the judge hasn't had time to do today as only a junior in! I have been told, the AQ has been dispensed with, the Judge is taking them with him to Shrewbury court tomorrow and the clerk said, it would (appear) the Judge will order through on small claims so I have been told to ring next Wednesday to find out, no earlier as it appears that Oswestry court is bogged down with bank charges claims.

It looks like I may have got out of the mediation!

[sharongina]

The clerk said you have 14 days to pay the £100 fee

How do I go about adding this £100 on to my claim now?

I don't have to pay another £35 to do a ammendment do I?

[freakyleaky]

No just add it to your schedule of charges. Put it in a letter to dg. Your next nudge letter. something like " as my case has now been allocated to small claims there will be another £100 added to the total of my claim"

[sharongina]

!4 days to pay from when the Judge reviews which will be tomorrow

[darkrage]

i have just added it on to my total in the nudge letter - this fee would be added in with costs by the court i think and if not when dg dont show i will add it to my wasted costs letter to the judge to get it back that way.

 

unless someone has a better idea of what will happen at that stage with regards to the fee addition id be interested.

[freakyleaky]

You won't be asked to pay it until the judge has ruled on allocation. Once you have the allocation confirmed, then send the payment.

[darkrage]

it is 14 days from the date of the letter you recieve telling you about dg lodging a defence if you did not recieve this letter then this could be due to the backlog of cases the clerk told me at my courts that it was about 5days behind due to backlog and on the day the judge was to review the case i recieved the letter.

 

upon recieving this letter i posted cheque same day and nudge letter to dg.

[freakyleaky]

i have just added it on to my total in the nudge letter - this fee would be added in with costs by the court i think and if not when dg dont show i will add it to my wasted costs letter to the judge to get it back that way.

 

unless someone has a better idea of what will happen at that stage with regards to the fee addition id be interested.

 

 

My schedule of charges consisted of 2 pages. I added another sheet with the MCOL filing fee of £120 plus allocation fee of £100.

[freakyleaky]

The allocation fee is only payable once the case has been ALLOCATED to track!

[darkrage]

k will do that on my second nudge i dont this on my first nudge tho

 

I am mindful of the vast number of claims with which you are currently dealing. But if by making me a half-hearted offer the day (15/05/07) you file a defence was meant to discourage me - it has had the opposite effect and I am now more determined than ever to see this through all the way to a court room if necessary. In order to more speedily resolve this matter, I am willing to accept the sum of £2668.00. This sum includes my charges(£2042.41), costs(£220.00) and interest(£405.59). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of

 

yeah sorry bout that didnt explain that - the letter telling me they had filed defence also stated allocation to track blah blah maybe each court send different standards of letters.