Silky77 Vs HSBC **WON**

[silky77]

A quick Hi and thankyou to everyone that has been helping on this site.

 

I was hoping that i wouldn't need to post a thread, but i'm a little unsure where to go from here.:-|

 

I have already issued my MCOL which had been accepted and i have rec'd my notice of issue, stating that they have until 2 June to acknowledge. (Status on MCOL site still shows issued)

 

What will happen if i don't receive anything by this date? Will they still have another 14 days to issue a defence even though i have had no acknowledgement?

 

Yet again thanks to all involved

[nyc_lond10]

Silky77,

 

I think we are kinda at the same stage. My 28 days just ended and I looke dont the MCOL website and saw the "status" change from "issued" to "defence filed". So things are moving along. Apparnetly this was done on the 25th of May and filed with MCOl on, I think the 29th of April.

 

Anyway, I called MCOL today and was advised that I should be receiving the defence in the post within the next 5 days. Apparently athen I have to tick a box saying I want to proceed with the claim and transfer to local court.

 

So in answer to your question, I think you will have to wait the near total 28 days, or you might want to call MCOL, apparently they are having technical difficulties with the site and have managed to change the "status" sign or upload the defence.

 

Phone number for MCOL is on their website.

 

All the best, robert

[silky77]

Thanks for that, it was just that i couldn't find anywhere on the site to suggest what to do if you have no acknowledgment after the 14 days.

 

Suppose i was just hoping for a quick and easy end to this.

 

Thanks for the support, best of luck to you too

[silky77]

Got home this evening and there it was, my offer letter from HSBC.

 

They have offered 85% (£1,876.80) of my original claim (£2,280). I have had no acknowledgement of claim from the court and the initial 14 days is up this saturday.

 

I am tempted to take the offer on provision they include the £120 court costs incured - does anyone think they will go for this?

 

Or with past experience will i get another higher offer in the next 14 days

 

I am unsure what to do, so any advice will be really helpfull at this stage; as i'm not realy in the position to be able to fork out £100 for the aq if it goes much further.

 

Thanks in anticipation

[pinkduchess]

hi silky

 

the offer has come from HSBC in response to your prelim & lba letters. Only you know if this amount is acceptable. If you are happy with it you could write & tell them you would be willing to accept if they include the court filing fee.

 

If you decide to press on, use one of the example letters in the link (or a mixture of 2 to suit your situation) to accept the offer as part settlement only, letting them know you have now filed your claim and will continue to get the rest Rejecting Offers

 

If you do go ahead, the AQ may be dispensed with depending on your local court, the fee however may still be payable but you would add this to your claim & get it back.

[silky77]

I really want to go all the way to get the full amount, as it would be another £920 i should get.

 

If i go all the way, do you know what kind of time scale i would be looking at - as this saturday is the 14th day from notice of issue with MCOL.

 

Also does it always get to the AQ stage - also are you aware of any HSBC cases that have gone to court?

 

Will it be likely that DG will offer a higher amount?

 

sorry for all the questions, and i know you don't have a crystal ball to see all the outcomes (although you might with all the answers you have!)

 

A small part of me wants the money now, but majority of me wants to go all the way and get all of it:D

[silky77]

I have just been reading MCOL site and it says that if i have had no acknowledgement after 14 days of issue i can issue judgment by default online for the full amount.

 

Just wanted to make sure i'am interpreting this right

[pinkduchess]

ok this is what I ofund in the step by step instructions - not really sure if I'm allowed to copy/paste this but here goes

 

(7)

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want. It is also true that they may be awarded a 'second chance' (called a Stay) which might delay things a little, but in the long run will have no impact.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way). This however is rare.

 

 

silky as it says this is rare & im sure it will be acknowledged and they will then file a defence (and even if they do this late they seem to be given extra time to do it)

 

as far as time scales go it does seem to be taking longer at the moment due to the sheer volume of claims. You still have 2 weeks to go before your 28 days is up, then say a week for transer paperwork & then you will need to see what directions the DJ gives. So its gonna be a while yet but £900 is a lot of money. Id say its worth waiting for but of course its your decision.

[silky77]

That pretty much sums it up thanks, it's just reasuring to hear it from someone else.

 

I'm sending my decline of offer of tomorrow to HSBC as the offer came from them not DG.

 

By the time they get this i will probably have filed judgment on MCOL if they work on saturdays?.

 

Just hope i'm doing the right thing in proceeding, and that i don't lose out all together.

 

Did you have to go this far Dutchess?

[silky77]

Should i phone the court tomorrow to check to see if they have acknowledged, as i have not been able to get on their web site to check today!

 

Thanks for the support - my girlfriend thinks im nuts carrying on. But it feels like it's personal now, as this is the first time they have replied to me.

 

Tell you what - i'd be no good on deal or no deal having to make a decision

[pinkduchess]

my claim is still going

 

You've made the decision I would have made - you will get your money back. You wont lose out by continuing.

 

Yep I'd try & call if the website is still down.

 

Decisions can be hard to make so its good to use this forum as a sounding board.

 

you'll be fine

[silky77]

Was wondering what to do now?

 

HSBC has not acknowledged my claim, and today was the last day for this. Just spoke to MCOL and they said i can enter a judgement tomorrow.

 

Does anyone know what exactly happens when i enter this judgement. what does this entitle the bank to do and where do i stand with getting my money out of them!

[Castlebest]

Think you just push the judgement button on the MCOL page, you could try phoning the court and asking what you need to do though.

 

pete

[silky77]

quite happy doing that ;-)

[silky77]

Just not sure how to go about getting my money out of them?

 

Do they have to pay up the full amount now?

 

If so, how long should it take now?

[silky77]

Is there anybody else that has had no acnowledgement after filing MCOL, and had to enter a judgement.

 

Can't seem to find any posts/threads for any advice

 

Any help would be appreciated

[silky77]

Just to let y'all know i've submitted my default by judgement:-o

[silky77]

Is there anyone out there that can offer any advice please. I seem to be struggling to get a response.

 

The situation now is that i entered a notice of judgement 5th June, i also written a letter to HSBC office and DG sols to state the situation and that i intend to persue if i have no positive response from them within 7 days. In addition i also sent an email of the letter and schedulke of charges to the 4 addresses on this site to the guys at HSBC (rachel tomilnson, debbie daubney, kate eaves and alan burden) as i have never had an acknowledgement since i issued the online claim!

 

I am really annoyed now as i have gone through claiming money for my girlfriend and have had a settlement today from barclays, and that is only after 3 weeks.

 

I want to issue the warrent now, purely out of anger:mad: , but do not want to burn any bridges. I feel i have given them ample enough time now.

 

I really could do with some sound advice asap before i execute the warrent. Has anyone else had to go this far.

 

Please, Please Fix it for me Jim to get my money back!

[lateralus]

well, as stated before - they will probably just ask for a stay - but as you say - you've given them fair warning - so just proceed to ask for warrant i guess - i'd be guided by what they tell you on the helpline - everyone says they are very helpful.

i really can't remember the last time i heard of this happening - it was months and months ago and i think they just held up their hands and paid. mostly, they get their acknowledgment and defence in - even if late and the court accepts it . but i'd go for it.

[silky77]

Thanks for that, if they request a stay am I in for a long wait then?

 

I'll get right onto today then, no time like the present. When executing the warrant it gives you a box to wirte additional info, do you think i should put in the number of times i have written to them to let them know what my position is and that they have only ever responded once throughout the whole procees?

 

Thanks for jumping on board, with you on my thread i feel like i have back up! was feeling a bit in limbo:confused:

[lateralus]

it's such a new thing - yes, put what you like

don't be too disappointed if the court still accepts their defence.

[silky77]

Well what do you know, got a letter from the court accepting HSBC's aknowledgement and my judgement has een cancelled. I'm asuming i will get a letter with DG's details to send a scehdule of charges (although i have already sent this when i entered into the judment)

 

Will make sure i send another copy anyway special delivery and email. Do you know if i should recalculate the interest as of the date i send the details to DG or use the one i sent to the court for back up?

 

At least i'm at a familiar stage now, guess i'm in for another few months waiting! Starting to wish i had gone for the 85% offer, Oh well:rolleyes:

[pinkduchess]

each time you nudge DG include a SOC with the daily interest updated.

 

I use my original one from when i filed on MCOL but add on the bottom

 

plus

court costs xxx.xx

daily interest to (date of letter) xx.xx

Total xxxx.xx

 

(showing as a neat sum - but it wont let me do that on here)

[silky77]

Cool, so i can keep stacking up the pennies on the ratbags.

 

I still have to wait for the acknowledgement to come through with the sols details yet though! I'm assuming this will come through any day now.

 

How long is it now that you had aknowledgement, and have you had to fill in the AQ?

[lateralus]

it may be you won't get the actual paper stating notice of acknowledgment - there are so many claims - a few are bound to get waylaid - but they certainly took their time - the next date is they must file their defence 28 days from the date of issue - so you do the maths - it won't be long and you'll be pressing that button again - but - so common - they again will give dg extra time - it's a farce to some extent - we have to meet the deadlines and the courts routinely give them extra time - but regardless - 28 days after the claim was served - they should file their defence - you will then get a transfer to a local court and a copy of their defence. probably the aq will be dispensed with - the local courts are doing this pretty regularly now - so just start looking at new 28 days ----- the thread in my signature - post 1 will tell you what comes after they defend - but again - at the end of 28 days - you can try pressing the button.