HSBC defence entered

[dickydido]

Help! can someone advise me on what to do next. Prelim letter sent asking for return of £1687 sent 23/12/06, letter back asking for breakdown (even tho: I'd sent it) sent that, gave them a further 2 weeks. Letter from them saying they would "look into it and let me know their decision" Ignored this and sent 2nd letter claiming interest, no response. Used Moneyclaim (cost £120) They offered £1300, I turned it down now they've entered a defence. If this is a tactic it's working as it scares me a bit, but I'm determined to carry on.
Hope someone can help me
Dickydido

[nettyg]

the defence is the norm dd,
in a couple of days you will receive a 'notice of transfer of proceedings' meaning mcol will transfer the case to your local court - along with a copy of the defence and an allocation questionnaire. there will be a date on the notice of when the AQ has to submitted by. i'll send you the link to look up instructions how to fill it in etc. no need to worry.
meanwhile, take a look at as many *won* threads as you can and you'll see what happens, timescales, tactics and successes.
good luck

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

AQ info
first link is a step by step guide to fillng out the aq and second link - it's posts 2 and 3 you need, specifically. for section g on the aq, use the wording on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link 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.

[nettyg]

it will all look and sound very confusing but trust me - you'll be ok!
you can even take a look at the actual AQ online if you click the link below too, might make more sense!

Notes for completing a small claims track allocation questionnaire - Form N149 An online PDF version of the form is HERE

[dickydido]

Thanks Netty, I feel much better already although I DO find your info confusing, I'm going to read it again several times. When you say breakdown do you mean the s/sheet? I have sent that, the 1st one without int: the 2nd with 8%. In addition to my panic re the defence I'm not very good with computers and dont find it easy finding my way around

[dickydido]

I didn't mean to imply that it's your info confusing me, I know it's me being dim.

[dickydido]

Originally Posted by nettyg

the defence is the norm dd,
in a couple of days you will receive a 'notice of transfer of proceedings' meaning mcol will transfer the case to your local court - along with a copy of the defence and an allocation questionnaire. there will be a date on the notice of when the AQ has to submitted by. i'll send you the link to look up instructions how to fill it in etc. no need to worry.
meanwhile, take a look at as many *won* threads as you can and you'll see what happens, timescales, tactics and successes.
good luck

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

AQ info
first link is a step by step guide to fillng out the aq and second link - it's posts 2 and 3 you need, specifically. for section g on the aq, use the wording on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link 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.

Just read the info in the link. What should be sent for sections C and D in the Draft Order for Direction? Is it too late to write to HSBC and say I will accept £1600 instaed of the £1300 they offered and I turned down? I probably wont do that but I am feeling quite intimidated by it all which is probably just what they want.

[nettyg]

ok... in c, which track = small claims track

in d, there are no witnesses apart from yourself, so put in your name and then CLAIMANT/CUSTOMER

[dickydido]

C is Statement of evidence. D is Copies of decided cases

[dickydido]

Hi Netty. Am I looking at the right form? C. statement of evidence and D.Copies of decided cases are in the New Strategies form, should I be using that one?

[nettyg]

sorry, i think i'm getting my c's and d's mixed up!! i'll go and have a look at the form and come back to you.

[lateralus]

allow me.............
you are at cross purposes, guys. dd, you are looking at what goes on later if the draft direction is made a direction order, that's for a little later.

your aq is either form N149 (probably) or N150 (maybe) and was sent by the court to you to fill out. as netty has provided earlier - just follow the step by step guide to filling it out:
and that is here: Allocation Questionnaires - A guide to completion

now, the new strategy - here: New strategy for Allocation Questionaires
is saying this in a nutshell: the banks don't want to tell you, the judge and the world how much it costs to write you letters - so we are asking the judge by way of the draft order to say "ok everybody - let's move this along now - instead of waiting for the court date - let's everybody lay out on the table what we have" and if he approves this - it will become a direction for order and the court will say "ok everybody - show us your stuff - in two weeks time (or whenever)" and in theory, as the banks and dg acting for them don't want to do this - they will be forced into offering earlier than waiting around for a court date and offering just before that date - it just speeds things along (in theory).
so to ask the judge for this we look at the new strategy thread and - as netty said earlier - in the section g (of the 149 or sec. h if it's a 150) you use the bit in blue on post number 3 - that is what you put into section g

after you do that - on a new page - use the bit in blue on post 2 (filling in any xxxxx/s with your details) just print it out (with those bits filled in)
and attach it to your aq - also put your name and claim number at the top of that page. then just attach you schedule of charges (the one with the interest that you sent dg) and pay your fee (if your claim is over 1500) and that's what goes in as your allocation questionaire - the aq, the draft direction, a schedule of charges and your cheque.

here's a really useful tip: when anything gets the better of you - read it through - go away from it for a couple of minutes or longer then come back and read it again. by the third reading, it will start to make sense.

i'm not telling tales here - because it's in her thread - the N150 was new to both me and netty - but we both did that and with each reading it became clearer and clearer. nobody expects you to get it first read - else we would all be rich solicitors!

get back if you have more questions

one other thing- the points in the draft direction is what we are asking him to make both sides show - later. don't worry what it is yet - we'll help with that later - and hopefully you'll get an offer and won't ever need to know - or care what it is!

[dickydido]

Just got home, thanks guys, I'm really grateful to you. I have read all the forms, more than 3 times I must be a slow learner!!!!!! now I've readthem another 3 and yes, your right it IS becoming clearer. Praps in the year 2020 I might be able to advise others!!!!!!!!!! I also spent about 2 hours reading ALL of Nettyg's posts, great reading Net, you should write a book

[dickydido]

Has anyone else had trouble opening the Basic Court Bundle? I've just updated to Adobe Reader 7 and it's saying it "cannot open it because it's not a supported file type or because it's been damaged (for example sent as an email and wasn't correctly decoded)" I've tried opening it in word but it just comes up as gobbldegook

[nettyg]

i must say, now it's over for me.... it's been fun lol
just gotta find a publisher who's not easily induced into a coma and it'll be on the shelves by may i reckon lol

[lateralus]

ok, as long as i know you are just poking around - don't even be bothered by that 4 items of things - it really is for later........but here's a thread i put together for after filing the aq - on post number 1 - i just tried the basic court bundle link and it went straight to it. so, here's that thread:When you have filed your AQ................ ( 1 2 3 4)
too much info - makes you brain fry - just stick to the aq for now!

[dickydido]

Can I have a signed 1st edition please?

[dickydido]

Thanks Lat, you're a star. I still can't open the court bundle. I've opened other pdfs so I dont know what the problem is. I'm going to try another program probablyFoxit, if that doesn't work back to the drawing board
DD