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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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.

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  1. #1
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    Unhappy Proffessor v HSBC

    Hi everyone,

    I'm new to this site, and whilst I have read the various threads on HSBCicon, this is the first thread I have written. With the help of your knowledge I have just filed my claim with MCOL. HSBC have acknowledged service. Could anybody give me an insight as to the tactics they may use now, and what should I do ?

    Thanks

    Similar Threads:

  2. #2
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    Default Re: Proffessor v HSBC

    proffessor,
    Hi and welcome to the site,

    You've definately taken the first step into claiming back what's rightfully yours.

    Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the templates libraryicon as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

    Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

    Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

    All the best in your claim.


    Useful links to help with your claim

    FAQ’s
    http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

    Letter Templates
    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

    interesticon Spreadsheet
    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

    Court N1 form
    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

    Mcol Particulars of Claim
    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html




  3. #3
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    Default proffessor v hsbc

    Hi everyone,need urgent advice as i think i,ve cocked up.filed my claim online but only sent 1 copy (instead of 2 )of schedule of interesticon calculated to the courts.i also sent the same copy to the bank.should i send another copy?ive received the notice of issue and an acknowledgement on mcol.pls pls help


  4. #4
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    Default Re: proffessor v hsbc

    Two possibilities....

    1) Ring Northampton for advice, ASAP.
    2) Wait until you receive notification of the court that it has been transferred to, then send a couple of copies, clearly marked with the claim number and ask that they be attached to your claim.

    Regards, Rooster.

    If this has been useful to you, please click on the scales at bottom left of post. Thanks.

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  5. #5
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    Default Re: proffessor v hsbc

    Thanks.will follow your advice and keep you updated


  6. #6
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    Default proffessor v hsbc

    hi,everyone.HSBCicon have acknowledged claim but has not filed defence yet as i believe they have 28days.the question is do i send the shedule to the solicitors now or wait for the acknowledgement letter through the post. help pls


  7. #7
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    Default Re: proffessor v hsbc

    Hi proff. You can send your schedule in now. Have you done one for the courts? Did you file on line with MCOL?

    If you think my post was helpful, please feel free to click my scales


    A prudent question is one-half of wisdom.


  8. #8
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    Default Re: proffessor v hsbc

    you're supposed to send at least 1 copy to the courts with a letter asking them to forward onto the solicitors (in case you haven't)

    EH & SH v The Woolwich/Barclays
    £3900 (+ £1500 interest)
    offered received of £1000 - Rejected
    MCOL filed 05/12/06 (messed up)
    waiting on court


    CC v HSBC
    £3,628.94 FULL & FINAL SETTLEMENT!!!

    BC v HALFIAX
    £3841.27 FULL & FINAL SETTLEMENT!!!

  9. #9
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    Default Re: proffessor v hsbc

    Hi jowalshy,Yes i did send one the next day by rec delivery to the court mgr with a covering letter as i filed online(mcol).Do you advice me to send another copy to DG SOLICITORS NOW.?I havent received acknowledgement through the post yet though HSBCicon have acknowledged it online.


  10. #10
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    Default Re: proffessor v hsbc

    when you get the acknowlegement send it (address on 2nd page) - that will be fine.

    this is what we advise - 2 copies to the court to be attached to your claim, 1 copy to DG

    I'll post the details again fyi

    Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:



    The Court Manager,
    Money Claim Online
    Northampton county courticon
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH

    Dear Sir/Madam

    (Your Name) –v- (Bank)
    Claim No: ********
    Date Issued: xx/xx/xx

    Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

    I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

    Yours sincerely,




    Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim
    DG's details will be on page 2 of the acknowl.




    Dear Sir,

    (Your Name) -v- (Bank)
    Claim No: ********
    Date Issued: xx/xx/xx

    Please find enclosed a copy of my schedule of charges relating to the above claim.

    (If, and only if, you are claiming overdrafticon interest on your penalties, also include this paragraph)


    I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

    If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

    Yours sincerely,



  11. #11
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    Default Re: proffessor v hsbc

    Cheers.just received the notice of acknowledgement through the post.will send it off to DG.


  12. #12
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    Default proffessor v hsbc

    Hi everyone.have just been made an offer by HSBCicon for the full amt i was claiming.is there a template anywhere for ACCEPTING offers.as i cannot find one:o will definetely be making a donationicon as soon as i get my money within 14days.thx


  13. #13
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    Default Re: proffessor v hsbc

    I have'nt seen one Professor. Just type a thank you for the amount refunded and inform them that this will settle your existing claim. Let them know at this point if you require a cheque or you are happy to pay it into your account. I would'nt stop any action until you receive the full amount.


    Uk


  14. #14
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    Default Re: proffessor v hsbc

    thx for the prompt reply UK AVIATOR.Will follow yr advice and wait until my "savings "is in my account


  15. #15
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    Unhappy Proffessor V Hsbc

    After accepting HSBCicon offer which they stated in their letter,the money will be paid today.i checked and as no money i rang them and the lady told me to contact dg as they are now handling the case because my claim is still ongoing.i told her i will only stop the claim once i have the money.should i send dg a copy of the letter hsbc sent,together with my signed form and also a coering letter giving them 7 days to instruct payment.I WAS LOOKING FORWARD TO DONATING TODAY !!!!!!!!!!!!!AH AH AH AH


  16. #16
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    Default Re: Proffessor V Hsbc

    Prof, I have just requested ALL 5 of your threads to be merged..

    Can you please stick to one thread. it makes it easier to follow what you have and havent done

    thanks

    How long is it before your court date?

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    If I dont reply to a direct question please feel free to PM me.

  17. #17
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    Default Re: Proffessor v HSBC

    5 threads merged please stick to this one in future. If the letter is from HSBCicon bank and not their in house solicitors I would go back to them. Ask them what is going on, contacting D&G is very hit and miss they have never responded to me before.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  18. #18
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    Default Re: Proffessor v HSBC

    OOOPS! ,SORRY I DO APOLOGISE. IM still waiting for my aqicon is it ok to send copy of the offer from the bank which i have accepted to dg so that they can authorise payment.pls advice



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