New member

[peony]

Hi everyone. I have registered with this forum as I am impressed with the amount of information available. However, I am hoping that someone can put my mind at rest. I am claiming back approx £1100 from HSBC and have found out that they are defending the whole claim. I know that this is usual practice but what worries me is this: when the bank asked me for the list of charges they asked for them 'as shown on the bank statements'. The charges on my statements were shown as e.g. 'total charges to feb05' so this is what I put on the spreadsheet. Now I am worried that, as they were not shown as 'excess overdraft fee' that they have a case for not paying me (even though I followed their instruction) . I do have copies of most of the letters corresponding to the charges but have not been asked to produce them. Am I panicking for nothing?

[mrsfoot]

In short...yes you are!

 

However it is always worrying when we get a letter that states the bank is defending. This is standard practice for most claims.

If you have most letters then i would resend the spreadsheet with the new info to correspond with whatever is on the letter. That way they are very clear. You can also check over your statements, you will see when you have gone overdrawn without permission, misses a DD date and you can use that info to complete the spreadsheet. But other than that dont be too worried. Just keep your letters, statmeents, T&C's and any correspondance for the claim together in a file and you will be ok. Just remember to read up on the cases and laws that you are relying on for your claim!

[peony]

Thanks for the advice and getting back to me so quickly.

 

I checked the MCOL status today and it had changed to 'defence' and stated:

 

"The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly"

 

I assume that I will receive something in writing in the next couple of days.

[charlottetc]

This same thing happened to me.

The local court will write to you and you will get a letter from Northampton telling you where the case has been transferred to.

The local court will send you an allocation questionnaire, so I would start to read up on how to fill in the AQ, and prepare your evidence to send with it.

 

Good luck

[pinkduchess]

you will get transfer papers to your local court.

 

You will then hear from the local court telling you what directions the judge has given.

 

The allocation questionaire is not being used in some cases & differs from area to area. have a read of this New---after 28 Days - Maybe No Aq!!!!!!!

[peony]

Thanks for your responses. They are very reassuring. A funny thing has now happened though. I received a letter this morning from HSBC asking me to respond to their letter dated 2nd May within 7 days or they would consider the matter closed. I have never received this letter. It seems funny to me (very suspicious by nature) that they do this the day after we were advised that the matter would now be referred to the court. I wonder if this letter actually existed in the first place! After hanging on the phone for 25 minutes, I was told that this letter was in fact an offer letter but they could not tell me the content. They are re-sending the letter so I guess I just wait and see. Will keep you informed

[pinkduchess]

this will probably be a low offer which you wouldnt want to accept anyway (your choice obviously but wait for the letter & see what its worth)

 

if its not acceptable use one of the letters from the following link or a combination of two to suit your needs telling them you'll accept this offer only as part settlement, you have already filed with the court (incurring further costs) to & will continue with this until you get full settlement.

 

Rejecting Offers