Corn Flake v HSBC **SOOO WON!!!**

[lateralus]

it depends on how the directions from the court read - did it say both parties - blah, blah ....then, yes, theirs is due tomorrow. which could signal an offer to you very, very shortly - if they don't follow the directions they can have their defence thrown out, possibly their case and well, the alternative - them filing their paperwork - just doesn't happen - mystic lats sees an offer in your very near future!!!!

 

 

should have put a cover note in your bundle to dg - saying i'll be expecting an offer by saturday, shall i? lol

 

i'd be on the phone monday a.m. if you haven't had an offer - asking the court if they send theirs in.

[corn flake]

it depends on how the directions from the court read - did it say both parties - blah, blah ....then, yes, theirs is due tomorrow. which could signal an offer to you very, very shortly - if they don't follow the directions they can have their defence thrown out, possibly their case and well, the alternative - them filing their paperwork - just doesn't happen - mystic lats sees an offer in your very near future!!!!

 

 

should have put a cover note in your bundle to dg - saying i'll be expecting an offer by saturday, shall i? lol

 

i'd be on the phone monday a.m. if you haven't had an offer - asking the court if they send theirs in.

 

Latty to the rescue again!!

Well it says in the order:

 

The following Directions apply to this claim:

 

1, Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

20 copies shall be delivered no later than fourteen days before the hearing.

 

 

Its too much stress for me to cope with (especially having a case with Abbey at 10am in the same court). I hope this all comes to an end soon!

 

Tanya xxx

[lateralus]

20 copies???? i think that's a typo - yours or theirs?

so you did yours a little early - 14 days from the 18th- means court bundles due the 4th - i'd ring the court on the 6th to see if they sent theirs in. mystic lats - may revise and say offer by about tuesday.

too much stress - you'll have your money before that court date!

do abbey do nudge letters - i'd be tempted to send them one - but don't if they aren't doing them on that site - might not be a good idea with them!

[corn flake]

20 copies???? i think that's a typo - yours or theirs?

so you did yours a little early - 14 days from the 18th- means court bundles due the 4th - i'd ring the court on the 6th to see if they sent theirs in. mystic lats - may revise and say offer by about tuesday.

too much stress - you'll have your money before that court date!

do abbey do nudge letters - i'd be tempted to send them one - but don't if they aren't doing them on that site - might not be a good idea with them!

 

 

Yep my Typo should of be 2) not 20!

 

I hope Abbey do nudge letters cause I sent them there 2nd one today! The last nudge letter I sent they replied with an offer but I then sent the court bundle along with a rejection letter last week. Yeah I sent mine a bit early (have no faith in royal mail) glad its done out of the way I can tell you. Thanx for your help Latty, Id be lost without you!!

Tanya xxxx

[corn flake]

Well Ive just checked online and DG have now recieved my court bundle. I hope the courts get theres today aswell.

Tanya xxx

[corn flake]

Court have got their aswell. Phew. I suppose there is nothing more I can do now than sit back and wait.

Tanya xxx

[corn flake]

Well today is the deadline for the court bundle, just got my post and not a word from DG. As suggested I'll phone the court on Wednesday.

I got a letter offering me full settlement from Abbey on Friday, fingers crossed HSBC will do the same thing soon.

 

Tanya xxx

[freakyleaky]

I don't know whats going on with the offers. My bundle go's tomorrow. I hope were not the first 2 to fail!

[lateralus]

once the deadline passes - suggest you contact court - ask if they have submitted and then say - well, what ha ppens next and possibly a rather short tersely worded note to dg -

[corn flake]

ARGGGGGGGGGHHHHHHHHHHHHHH!!!!!!

 

I hate DG (and the royal mail). I recieved an offer this morning (sent 1st June, the day they recieved my bundle) offering me £3993.39 which is £291.57 short of the full claim!!

My other half wants me to accept as hes worried it will go to court and i'll loose like the lloyds case.

 

Ive called the court as I still havent recieved their court bundle but the person I need to speak to is in a meeting and she will get him to call me back. Im not sure if I have wone anyway by default as they havent complied to the court order

 

I havent a clue what to do, and I cant believe they have been cheeky enough to let it get this far and not even offer me the full amount after I have done the court bundle etc.

 

I called DG yesterday and left a message which surprise surprise they havent replied to.

 

My head is mush with excitement stress and anger!

 

Id be greatfull of any support you guys can give me.

 

Tanya xxxx

[Bookworm]

STAND FIRM!!!

 

Write to them and say: "thanks for the offer of settlement, however, may I remind you that my claim is for £xxx. Please note that only FULL UNCONDITIONAL payment of £xxx will result in my cancelling my court claim. Yours, etc..."

 

Don't listen to your husband, if they're offering to settle now, they don't want to go to court either. Stand your ground, it's YOUR money, and you are entitled to every single penny of it.

 

I got my Barclays claim settled less than 24 hours before the hearing. YOu have nearly 2 weeks, so you have no reason to panic.

 

Tell your husband to shush and make himself pretty, he's paying for the drinks when you get your full settlement. ;-)

[corn flake]

Thanx for that!!

Exactly what I needed. It looks like the amount they are offering is from my original claim before it was ammended, so I dont know what they are playing at.

Tanya xxxx

[lateralus]

then i'd make sure they know the new number - send a copy of that amended breakdown and refer to it in the letter -

nearly there!!!!!!!

remind them also that the court bundle is now overdue.

[freakyleaky]

Well done on your offer cf. you are 99% of the way there now! You will get it all, just stick to your guns. I hate them equally as much as you! So much work and time goes into the bundle and you know its all for nothing:mad:

[harejon]

I need to keep track of this one, the defence to my claim was filed yesterday. well done so far, you can almost hear the blighters squirming.

[corn flake]

Well still no phone calls from the court or DG!

I figured out the amount they offered was the exact amount of the claim including interest and court fees before the amendment was made.

So I have put this letter together:

 

Dear Sir/Madam

I am writing in reference to your letter dated the 1st June 2007.

Thank you for your offer of settlement of £3993.39. However, may I remind you that following the amendment of the claim my claim is for £4413.34 including interest at a rate of £0.77 per day up until the 06th of June 2007.

I have enclosed a copy of all documents relating to the amendment that was served to you on the 22nd of May 2007. Please note that only full unconditional payment of £4413.34 will result in my cancelling my court claim of which the hearing is dated for the 18th of June.

May I also remind you that you are currently in breach of the court order dated the 23rd

April 2007 stating:

1) Each Party shall deliver to every other party and to the court office copies of all documents (including experts’ reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered no later than fourteen days before the hearing.

I have contacted you via telephone on the 4th and 5th of June to discuss the matter and try to achieve a conclusion to this claim. I have had no replies to that messages that I left. I would like for this matter to be resolved as soon as possible, I look forward to hearing from you shortly.

 

Yours Sincerely

 

 

Tanya

 

So what do you think??

 

Im including copies of:

 

Amended schedule of charges

Copy of amended claim form stamped by the court

Copy of the cover letter sent with the above documents

Royal mail electronic proof of delivery (proving they recieved the amendment)

 

Im going to try and call the court again today, they dont seem very helpfull. Wish me luck!!!

 

Tanya xxxxxx

[Bookworm]

I wouldn't bother with reminding them they're in breach of the court order, why be helpful to them?

 

Personally, I'd remove all the:

May I also remind you that you are currently in breach of the court order dated the 23rd

April 2007 stating:

1) Each Party shall deliver to every other party and to the court office copies of all documents (including experts’ reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered no later than fourteen days before the hearing.

I have contacted you via telephone on the 4th and 5th of June to discuss the matter and try to achieve a conclusion to this claim. I have had no replies to that messages that I left. I would like for this matter to be resolved as soon as possible, I look forward to hearing from you shortly.

part, and write to the court instead respectully pointing out that they are now in breach of a court order, and how it puts you, a litigant in person, at a huge disadvantage when it comes to preparation for the upcoming hearing.

 

(If you're lucky with the judge, he could strike out their defence and immediately award you your claim, although don't hold your breath, most judges will say: "oh well, I'll deal with that at hearing" )

 

Not point in playing nice, they wouldn't.

[corn flake]

Thanx for the advice bookworm. Do you think I should delete the stuff saying Ive treid to call them etc??

I just got through to the court and she said that it may mean that the defendants dont want to rely upon anything more than what they submitted in there defence. but if they do bring any other documents to the hearing that havent been presented to me I need to bring this up with the judge.

Makes me angry I took hours and hours preparing my bundle and they havent even bothered and can get away with it.

Tanya xxxx

[Bookworm]

Yeah, don't bother with that either, it just makes you look anxious. ;-)

 

The info they gave you at the court is correct, but it's not all bad. In one instance, I won in court because the other side didn't send in their bundle, didn't turn up at court, but tried to get in a witness statement last minute. The judge refused the statement because it hadn't been sent in early enough. Should the same happen to you, you need to quote CPR 27.9 to the judge. ;-) (only applies if other side doesn't turn up, though)

[corn flake]

Thanx yet again!!

I'll get it all printed off and send it later this afternoon.

Fingers crossed

Tanya xxxx

[lateralus]

they've shown their hand by offering - they will up it - just get it to them quickly

[coolchilli]

good luck cornflake. i'm watching this with great interest as my bundle date is 10th june, and am hoping the offer is on its way! don't give up- you'll get there in the end!

[corn flake]

WHOOOOOP WHOOOOP IVE WON!!!!!!!!

 

 

I cant believe it!! After recieving no letter from them this morning I thought I would check my account in case the money has been paid in and guess what IM RICH!!!!!!!!!!!!!!!!!! The full amount of £4413.32 is in there.

We went away camping at a vw show this weekend so I havent had chance to check my account, it was actually paid in on Friday!!!!!

 

I just want to say a HUGE THANKYOU to everyone who has helped me, I couldnt of done it without you guys!

 

Tanya xxxxxxxx

[Kiesha]

I won a case against HSBC on Friday 8th June 2007. HSBC did not even turn up. I won the case. The court bundle helped a lot as the judge wanted to gage how much time i spent on the case and awarded me costs for 'direct and indirect costs incurred in preparing for the case.'

 

I didn't have to defend myself as such, meaning he didn't really ask me about anything in the bundle he just said the charges were unreasonable and gave me a judgment.

 

Good Luck

[harejon]

that's brilliant!!! well done you!!