andypadd v HSBC **WON**

[lateralus]

and just to make sure you are on the straight and narrow - you've sent a prelim. request with a list of charges(not statements), then 14 days later a letter before action then 14 more days and you file your claim.

when you are doing your particulars of claim - there is a template in the library and i'm quite willing to send you mine to use as another example - just come here and let me know if you want them.

good luck with your claim - follow the steps and you will get your money back

[lateralus]

andy, please stop starting new threads for every question - it makes it impossible to help you as we don't know your story - just keep to one thread and ask a question and we will help.

you need to do this now:

 

After You Have Issued Your Claim

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

and this for DG:

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[lateralus]

well, that's the new bit - they aren't - take a look at this:

New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

[lateralus]

so if you want her to stay perky - do as she says!!!!!

you don't want to see her other side - lol

[lateralus]

trust me, netty is much more scary than hsbc!!!!!!

[lateralus]

that's fine.

[lateralus]

nothing will happen until the 28 days from the service date (issue date) has passed.

[lateralus]

ok, so press the button - what does it say?

[lateralus]

so, it's saying it's not time yet - press again after midnight or wait until tomorrow - press it once each day til you get something new - if nothing by monday - ring the mcol helpline just to ask what is happening with it - they are very helpful. it should be 28 days from the date of service. it is deemed to have been served 5 days after it was filed. so you can figure 33 days from the date you did the mcol.

[lateralus]

you're welcome!

[lateralus]

so, what does it say on the mcol - that you can't proceed any further - that would be because they submitted their defence. if so, when is it dated, 3-4 days after they submit their defence - you should receive notice of transfer to local court along with a copy of their defence. if form holds - the aq's are now being dispensed with.

each local judge has a number of options on how to deal with it so, it really is a matter of watch and see - but on the other side - the dg side of things - you can now start with nudging them a little - by letter - my advice is one letter every 10 days to dg along with a breakdown until you get an offer. see the two aq threads in my signature for ideas for the letters.

 

back to the court stuff - if it's not been defended - you could press the button if it allows - don't get too excited if you can as the courts regularly allow them an extra 7 days to defend (why?????), so try to press the button, if it's defended watch for paperwork - if none comes after a week ring mcol and ask what's happening and if it does get to you - see what it says and get back here for more advice - but in the meantime - start your first letter to dg.

[lateralus]

i bet you get the paperwork tomorrow or friday - wait til friday to ring mcol.

[lateralus]

give them a full week - so say friday next week - and them give them a ring to see if you need to be doing anything or if they have anything to tell you and enquire about the aq fee - if it will be payable.

 

and if i had the numbers for sat. night - i'd share them with you!

but i'm getting better - i've had 2 tenners in the last month - after about a yearlong dry spell!

[lateralus]

here you go:

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

 

 

and as for the nudge letters - post 1 of my two aq threads in my signature below.

[lateralus]

yes, that advice is at the bottom of my aq info - so i just left it one. so, there's how to fill out the aq - need any help get back.

[lateralus]

yes, yes, yes

keep a copy on file (or computer) and yes, send a "courtesy copy" to dg and if she's got the dosh and you've signed the form - i'm sure she can.

[lateralus]

good time for a letter to dg - there's one nearly ready for you in there - they are in post 1 of my aq threads - in my signature.

wait a day or two passed the deadline for the aq and ring the court to see if dg submitted theirs - then write a nudge - and send them a courtesy copy. can't add on the fee - so just letting them know you've filed and they have/have not.When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[lateralus]

if courts aren't moving along - just keep prodding dg - that's all you can do.

[lateralus]

yes, we can see them - put some clothes on, andy!

oh, my eyes!!!!

 

i'd hold off on the court bundle until they give you a date - it seems they haven't granted the draft order as yet - you'll hear something soon towards a court date or what they want - just keep in touch.

[lateralus]

ok, well that's a lot of info -

here's a thread to read: GOT A COURT DATE? A guide to the later stages

 

also, your full court bundle needs to be to the court and to dg 14 days before the hearing date. if dg runs true to form - once they receive your bundle - they will make an offer.

 

i'm questioning that last sentence. did you send a copy of your breakdown to the courts and to dg at any point - we usually say to do if after your claim is acknowledged. if you did, fine. if you didn't - let's get them sent off now. so, whether is yes or no tell us so we can say what you should do now. did you send your breakdowns?

[lateralus]

here's the whole court bundle thing - it takes a bit of copying to get it together - but follow it through and come out with three complete copies - one for dg, one for the court and keep one - and take the originals with you if it goes to court - but almost always - when dg gets the bundle - they make an offer and it never sees the court.court bundles for dummies

[lateralus]

think freaky go sidetracked by the m & s chocolate descriptions on another thread - he'll post an acceptance letter or i will later - won't get there now til monday so no big rush -

thing is YOU are the claimant so YOU will be accepting the offer on YOUR terms not theirs - so bollxxks to confidentiality and any other conditions they put in it - you will be sending back your own acceptance letter.

 

and - C O N G R A T U L A T I O N S

and don't halt the claim until you get your money - but when it arrives write to the court telling them it has been resolved.

[lateralus]

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[lateralus]

like i said above andy - it's your claim - they've offered and you accept it on your conditions - not theirs - and rightly so!