Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Smith v HSBC

  1. #1
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    Default Smith v HSBC

    HSBCicon's solicitors (DG) have filed an Acknowledgement of Claim giving themselves a deadline of mid-December to submit a defence. I am claiming for less than £300.

    I have sent a schedule of charges to MCOL. Should I also send this to DG?

    What are the odds that I will make a court appearance as I have heard the banks are tightening up?

    Will I get my claim in full?

    Looking forward to posting the final stages of claim online.

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  2. #2
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    Default Re: Smith v HSBC

    you really would think they would just clear these smaller claims wouldn't you. yes, i would send a copy to the person listed at dg who acknoledged the claim, and intends to defend - that just bought them an extra 14 days - so with the 5 days to serve and 14+14 days, their next move isn't required until 33 days from the day you filed. however, sending your schedule to dg has, in some cases, moved things right along. try it, certainly nothing to loose, you will not have to go to court - i'd bet my house on it. yes, you will get your claim in full if you stick to the plan - daft as it seems - they will probably offer you £220 (it's usually abou 80%) - but if they do, you are just one week and one letter away from a full offer. honestly, at under 300 - they should just send you it without all this fuss - but, that's banks for you! good luck - hang in there!


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    Default Re: Smith v HSBC

    Yes they have just sent me a letter offering £200. I intend to turn this offer down. Nearly there!


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    Default Re: Smith v HSBC

    I think DG are so bogged down at the moment they are at the brink of adminicon collapse, I bet they have drafted in temp staff, probably polish or romanians to help with the back log of claims !!

    ((NOT saying that there are lots of very capable polish and romanians out there - before I get complaints from them all))

    Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG


    if you found this post helpful, please click my reputation, thank you

    (The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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    Default Re: Smith v HSBC

    Turned down the offer and then I got the full offer. That was very easy! DG have sent me a letter to sign and return, but it has a confidentiality clause and I think I should send them a letter accepting the offer on my terms. Thoughts?

    One more thing, how do I inform MCOL that my claim is settled? Thanks.


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    Default Re: Smith v HSBC

    you don't - not until the money is in your hand!
    just cross off the confidentiality bit and sign and send it back. don't halt your claim until the money comes through.
    you will receive your aqicon shortly as the defense was filed.
    here is some new info - and it could apply to you. look on the paperwork when it arrives and get the deadline then keep this info handy, forgive the cut and paste:

    20.12.06

    babs, new info - i asked the question on crusher's thread and lively lad (good man that he is) gave the reply. pass it on to other's as i have to dash..............

    hey crusher, how's about a quickie....
    question that is:
    there are several people now who have had offers, accepted but it doesn't look like the money will come through until after the aq deadline.
    am i right telling them they need to go ahead and file it before the deadline passes, even though they have signed the acceptance. bit of a grey area for me, unchartered seas........ yeah or nay, a lot of people will struggle to find that extra dosh at this particular time. what say you?
    thankx for the input.

    from lively lad:
    I would firstly ask tell the bank you will need:

    a) The cash deposited into account or a cheque before the AQ date
    b) Failing that written confirmation of the offer.
    c) I would also inform the court that you have reached a settlement and you are awaiting payment ask them to delay the submission date by 1 week.
    __________________

    if it applies as the deadline approaches, be sure to follow lively lad's advice.



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