Advice Plesae! **WON**

[olly100]

Currently involved in a claim with HSBC and have been set a court date(7th August) and DG have written to me asking if i can provide them with a 'fully itemised breakdown of the amount claimed' having already sent this to my HSBC and them also having it all on comp should i send it? Also been reading through others threads and seen alot of people talking about 'nudge' letters and court bundles, do i need to send any nudge letters and if so is there a template one somewhere and when should i start sorting out my court bundle. please excuse my stupidity and any help will be gratefully received.

[lateralus]

normally, if you've followed this site from the beginning - you would have seen to send a copy of your breakdown to dg after you received the notice of acknowledgment.

this can only be positive that they are asking for it - so send it.

and make sure each charge you claimed for has a name - like it appeared on your statements.

so, send your breakdown to dg.

the nudge letters are just trying to get them to look at your case - whe you send one - send a b reakdown each time.

they are in the aq threads in my signature - post 1 on both.

feel free to put a little nudge in with your breakdown -

i'd say - here is my schedule of charges as requested.

please be aware - i will accept xxxx......(as per the nudges) plus the no confidentiality bit - - just use most of the nudge. and send it recorded delivery as soon as possible to dg - they may be getting ready to deal with your claim.

[darkrage]

hi sounds to me like you need to send to dg a copy of your schedule of charges for which are being claimed - send this via recorded delivery asap. add a cover note/nudge letter with this stating your claim number and also point out that it is going to court on such an such date blah blah - here is a thread with some nudge letters i would go with nudge letter 1 and adjust it to suit your needs. you can find that letter here.

 

also if you have not sent one to the court send them 2 copies with a cover note asking for them to be filed with your claim.

 

also you now need to look at the court bundle and start preparing (reading up on it) see latties thread here

 

you need to action the above as soon as you can.

 

****oops i just stepped on toes you type fast lattie your getting better at this technology stuff hihi***

[olly100]

thanks for the quick response. will get straight on sending breakdown of charges and nudge letter and will keep you all posted. cheers

[freakyleaky]

Glad to see you have started your thread olly. Just shout if you need more help!

[olly100]

Sent nudge letter and breakdown of charges to dg but not 100% on what to send the court, is it just the breakdown or is there anything else they will need? Also not received an ag should i chase this up or is it normal in some cases? cheers again.

[lateralus]

i would send a schedule of charges to the court and ask that it be attached to your claim - giving the claim number.

 

also, i'd ring the court and just check whether the aq fee is payable or not - in some courts it is and in most courts it isn't - just check -

and follow this thread - post 1 for more help:New---after 28 Days - Maybe No Aq!!!!!!!

[darkrage]

you are in good company olly -we will point you in the directions needed for you to win your case - also we should all congratulate lattie on her new prowess with forum links.

 

[lateralus]

i still can't do it your way!

[darkrage]

i will go thru it with sometime soon it is easy.

[olly100]

Sent the copies of breakdowns to the court but whilst reading some very useful threads noted that although the court isn't sending an aq i still have to pay £100. now do i contact them or will they send me an invoice? also will dg contact me regarding the nudge letter i sent them or should i just continue sending them every 10 days or so?

[jowalshy]

give your local court a ring and ask whether an AQ is to be done and of nopt is the fee still payable. In most cases I think that you won't have to pay but it is better to be sure..

 

As for your nudge letter. I have sent 4 nudges so far and not once have they replied to any of them. Just keep nudging every 10-14 days or so to remind them that you are still here.

[olly100]

Sent of second nudge letter today, but was wondering should i start printing of my court bundle yet when my court date is 7th august? Also is there anything else i should be doing with court date closing in?

[freakyleaky]

Just keep nudgeing for now. have you rang the court regarding the allocation fee?

Don't worry about the bundle until a couple of weeks before the due date.

I take it your court date is 21st august?

[olly100]

Rang the court and they said they i didn't need an aq or have to pay the charge, result! My court date is 7th August so should i get court bundle ready but hold off on the printing until 2 weeks before?

[freakyleaky]

Normally the court ask for the bundle to be delivered no later than 14 days before the court date. So prepare it readiness for then.

[darkrage]

ive just posted my bundle - my court date is 23rd july bundle to be in by 11th

i would send them a nudge telling dg that you are preparing for your case and will post it out to them shortly with this include the usual bits of a nudge letter maybe you will get lucky and they fold before seing the bundle.

 

mine just cost me £50 to have it duplicated and bound but i will be claiming this back in a wasted cost order hopefully.

[olly100]

Thanks all for the good advice again i'll keep you updated on my hopeful success.

[lateralus]

might be an idea to post your court directions up here just for us to take a look - just xxxx out any personal details.

[olly100]

The letter i received from the court goes as follows:

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing shoul take place because:-

special directions are needed in this claim tp prepare for the final hearing which the judge would prefer to explain to you in person

 

At this hearing the court will consider either:

a) to stay the claim pending the decision in a test claim involving the defendant, or

 

b) to give directions for this case to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

 

 

Not less than 14 days before the preliminary hearing the defendant shall file with the court and serve upon the claimant details in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

The claiment may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

Sorry its a bit long, any advice will be appreciated.

[darkrage]

from that i would send in a draft order for the judges consideration and a nudge letter to dg telling them you have sent the judge the draft order but that is only me maybe someone could comment who has experience with special hearings.

[Castlebest]

The letter i received from the court goes as follows:

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing shoul take place because:-

special directions are needed in this claim tp prepare for the final hearing which the judge would prefer to explain to you in person

 

At this hearing the court will consider either:

a) to stay the claim pending the decision in a test claim involving the defendant, or

 

b) to give directions for this case to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

 

The Judge is would dearly love to get DG (HSBC) into a court room where he can get his hands on them properly, this has been tried before and has always failed because as you will find DG will make a full offer and run off, The judge also knows this, see below.

 

Not less than 14 days before the preliminary hearing the defendant shall file with the court and serve upon the claimant details in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

The judge is saying prove your defence and get into a court room or shut up and pay.

 

The claiment may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

The Judge has given you the option of altering what he has put in motion, I think you actualy have three options here.

 

Option 1 - Let it run to your court date as the judge has it set up now and wait for an offer from DG.

 

Option 2 - Send a letter with a copy of the draft directions and get ready to do your bundle smartish.

 

Option 3 - Send a letter asking for the defence to be struck out now for abuse of process on the basis you have been trying to get HSBC and DG to respond to you for XX months with no sccess and you belive DG have no intention of defending in court, maybe requesting an itemised schedule of suscessfully defended court cases from DG.

 

My personal favourite is option 3

 

pete

[olly100]

Option 3 Sounds v.good to me also is there anywhere i can get a template for this letter or advice on what to put in it? Also bit unsure(well not a clue) on the draft letter/directions if i went down this route, again sorry for my stupidity:oops: .

[Castlebest]

There is a strike out letter on post 1 of this thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

(under latties green typing) It was written by Rob The Viking in different circumstances to you but most of the important words should stay the same. Have a go at editing it to your needs and post it here and we can see if it will do the job.

 

pete

[olly100]

A work colleague found this template so changed it a little and went with this, how's it sound?

 

The Court Manager My Address

xxxxxxxx County Court

Court Address

Court P/Code

 

 

Date

 

Me -v- HSBC Bank PLC

Claim Number: xxxxxxxxxxx

Dear Sir/Madam

 

 

It is noted that in my case referenced above that the allocation questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bringing against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

In light of this the Claimant respectfully suggests that special directions maybe made as per the enclosed draft order.

 

The claiment believes the proposed directions will further the overriding objectives in that they identify the most fundamental issues in dispute (as detailed below), and aloow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

The crux apon which this claim rests is the true loss suffered by the defendant as a result of the contractual breach from which its charges arise. If the defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contracutal penalties contrary to the Unfair terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

The claiment believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, the Claiment believes the outstanding issues to be of fact. Accordingly, the Claiment respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer thatn one hour.

 

Yours faithfully,

 

 

 

My Name

 

 

then i will included the draft order once i find one

 

how does it sound? not 100% if this is the right letter or format but hope so cos just spent ages typing it!