nwclaimer v HSBC **WON**

[nwclaimer]

This is my first post after skulking round for a while.

 

My claim against HSBC has been transferred to my local court (no AQ) and I have spoken to them and in previous cases the judge seems to be going with directions asking for court bundle. I thought I would make a start looking at preparing the bundle but have discovered on checking my statements that I have made an overstatement of charges claimed (only £22). Should I write to the court to amend my claim? Any help with wording would be appreciated.

[pinkduchess]

dont worry about such a small amount - (to change your claim would cost you £35 so its not worth it). any discrepancy will be picked up by DG and they will adjust the payment you receive to reflect this.

 

court bundles for dummies

[freakyleaky]

Make sure you ring the court and ask if the allocation fee is still payable!

[nwclaimer]

Thanks for that - I did speak to someone at the court and asked about the fee - they said I need take no further action until I hear from them by letter. I will get on with researching court bundle info in the mean time.

 

This forum is fantastic. I would never have got so far without reading the threads of people further along the line than me.

 

I will post again when I receive directions just to check I'm on the right track.

[nwclaimer]

Getting frustrated - not heard anything from DG or local court. Is it worth nudge letter to DG offering to settle?

[freakyleaky]

It is worth sending a nudge but don't offer to settle for a lowere ammount. They won't. Lots have tried without sucsess. Do you know where the templates for nudges are? In lats aq threads?

[freakyleaky]

Nudges in post 1 of these 2 threads.

 

When you have filed your AQ................

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

[pinkduchess]

and by nudging it shows youre making a conscious effort to come to a settlement with dg.

this will show in your favour when included in your court bundle.

[nwclaimer]

Thanks guys. Sent letter today.

[nwclaimer]

Letter received from County Court:

 

It Is ordered that

 

(1) The Defence be struckout as an abuse of process. If the Defendant seeks to set aside the strike out the Defendant shall, with its application attach a schedule of all cases where a similar defence has bee filed ans where the claim proceeded to a final hearing and was not settled, giving details of the action number, the court and the date of the adjudication by the court.

 

(2) The Claimant do by 21 days from service of this order file at court and serve on the Defendant a schedule setting out the amount of individual charges, the dats they were applied to the account and the reasons given for such charges.

 

(3) Refer back to the District Judge after 21 days

 

 

 

Looking good hey!

 

Will write in to court and DG with schedule - do I mention amount paid on MCOL? I mentioned earlier that I had found an error on my original schedule - only £22 and some of my dates do not exactly tally with those on statements (I just assumed 10th for all charge dates) Do I just send original document or amend. Am worried that I'll blow it when the end is in sight...

[pinkduchess]

that is looking good.

 

they need to know the full amount of your claim so send your original schedule with an addition on the bottom of

 

filing fees xxx.xx

daily interest xx.xx (if you are claiming this)

total xxx.xx

 

and forget about the £22. if this is picked up your offer will be adjusted accordingly.

[nwclaimer]

Thanks for the reassurance pinkdutchess. Letters are on the way and fingers are crossed.

[pinkduchess]

yep - fingers crossed

[nwclaimer]

Phone call today from DG offering full amount!! woohoo yeehaaaa

 

Can you point me to acceptance letter?

 

Thanks for the help - donation forthcoming when the money credits my account

[chauvesouris]

I don't know if you've seen it, but Lattie's just posted an acceptance letter in the TimmyTuppence thread (post 92).

[nwclaimer]

Thanks just spotted it.

[pinkduchess]

brilliant nwclaimer!! congratulations!!!

[freakyleaky]

congratulations!!!

[Castlebest]

Well Done New... You Winner !!!!

pete

[nwclaimer]

Money credited account last night. I can't believe it. Thanks once again for the support and advice received on this site. It really makes a difference knowing that someone will answer your questions when you start panicking about what will happen next. I think I was lucky as the judge pretty quickly sussed DG for their game and wanted to strike out the defence as abuse of process - hopefully the tide is turning in the courts and more claimants will get their money quicker. Good luck to all still fighting. Donation on way

[freakyleaky]

If you know of anyone thinking of reclaiming their charges be sure to point them in the direction of this site!

[nwclaimer]

I definitely will. Thanks again

[livelylad]

Thread moved to success forum.