Sammi_Babe v HSBC ***WON***

[Sammi_Babe]

HELP!

 

 

Claiming back £1350 and Interest, TOTAL: £1799.50

 

 

Ok story so far:

 

Followed the guides, sent letters, got the 'nope, we not paying' one, filed claim, got letter back saying they have acknowledged, then another, they have filed defence!

 

I am now stuck on the AQ form, filling it out, I have read loads about it, but I just need someone to say , 'ok write THIS' and help me! They say about what to include, but I'm still confused!

 

Also, payment. I sent of a form with the first Court aplication for exemption, which I assume I got....??

 

Do I tick the 'no' box for 'Fee included' or do I STILL have to send £100??

 

 

Thanks for any help!

 

Sammi_Babe

[hagenuk]

Ok, take a look here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html All the information you need to complete the AQ is there.

 

As for the fee exemption, you will need to complete and file another EX160 (which was the same form you will have used last time) in order to apply for exemption again.

[lateralus]

sammi

it is all there as hagenuk says - but i've got a little time to spare just now - so here it is in a nutshell:

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages and also fill in the XXXXX's with your details on the blue bits. 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.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

so, that's it - fill in the aq as above,

do the exemption fee form

don't miss the deadline.

also, ring dg and ask if your breakdown was received a few days after sending it. and ring again, and again and then again - try to wheedle an offer out of them. get back if you've more questions.

[Sammi_Babe]

Ok right, thanks for that guys I think I am nearly there.

 

Bear with me LOL.

 

They HAVE had the charges breakdown, was one of the first things they got along with the 'send me my money back' letter. Sent one to bank and one to Court.

 

Can I just ask, what do you mean by

 

'ring dg and ask if your breakdown was received a few days after sending it. and ring again, and again and then again - try to wheedle an offer out of them. get back if you've more questions.'

 

>

 

So, I've filled the AQ, attached the draft order and reprinted the claim form (claim is for £1799.50).

 

 

------

 

is it still a 'N1' form I would like issued in answer to Q1d on the EX160? Also can I send photocopies as my last evidence never got returned?

 

-----

 

 

And now I just send that back to the Court?

 

 

Thank you SOO much for the help!

 

Sammi_Babe

[lateralus]

that the exemption certificate? - no, now you are trying to be exempt from the N149 or N150 (check to see which aq they sent - the number is on it).

 

i know you sent everybody and their dog a breakdown - but i'm saying did you specifically send one to dg at any point ?-

they always ask for one - so send it to them - the address is on page 2 of the acknowledgment and put your claim number on it. then a couple of days later - ring them and ask if the breakdown has been received.

then a couple of days after that - ring again and ask how your claim is coming along - it is often the case with dg that he who shouts loudest gets heard. it would be lovely if they came up with a full offer.

 

so it's like two things are going on at the same time.

you file the aq - that's the court side of it

and you bug dg - hoping they will offer sooner rather than later.

both are paths to your money - so pursue both.

 

as for filing the aq - is the court local it should have been transferred to a local court with paperwork you got when you received the aq. - you can walk it in - that way they would be able to tell you that the EX160 is ok with photo copies and the filling out; and that the aq is in order.

just be sure you do it before the deadline.

 

get back if you've more questions - this can be the confusing bit when we've never been to a court for anything.

[Sammi_Babe]

UPDATE!

 

Ok did the AQ successfully. Sent DG letter with statements and 'please send me money' type letter.

 

Got letter back TODAY stating:

 

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Before [Judge] sitting in [COURT]

 

IT IS ORDERED THAT:

 

Unless the Defendant files at Court the Allocation Questionnaire by 13 April 2007 the defence/counterclaim be struck out and the Claimant be at liberty to enter judgement.

 

Dated 27 March 2007

 

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Do I just sit and wait now??

 

 

 

Sammi_Babe

[hagenuk]

Yes, I would not be inclined to warn either the bank or their solicitors of this - and enter judgment next week.

 

This is good news.

[givememymoney]

This seems to be common practice at the moment for HSBC. The good news is that they often file the AQ at the last moment then send two letters a couple of days later. One saying that they have filed their AQ and then another with a full offer. So heres hoping it won't be too long for you now.

[Sammi_Babe]

Hello, me again.

 

Ok, got a letter from DG today offering me £1,799.38 in full and final, BUT they have a paragraph at the end which says:

 

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Our client has informed us that your account with it is in arrears and that it has been referred to debt collectors. this being the case, any payment made under the terms of this letter will be paid t the debt collector in reduction of your debt in excercise of our client's legal right of set off.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us and we will arrange for a refund to be made to you

 

 

 

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('to you' ?? Did they not just say in the paragraph before it would go to the debt collectors??)

 

Just looked at my original letter to HSBC, dated Thursday, 28th December 2006, in it I included this:

 

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Therefore I require you to refund me a total of £1310.00 representing the total, unlawful amount charged during the last 6 years.

I hereby give you 14 days to refund the charges back on my account, in the form of a cheque sent to me at the above address, and made payable to ********. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

 

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HELP!

 

This is true, I DO have a debt to them, but I am using Payplan to pay it off, and others, and have been for the last 6 months or so.

 

Can I NOT get a nice fat cheque??

 

Can I not INSIST on a cheque as I had already mentioned in my first letter this is what I wanted?

 

Will it ALL go to pay the debt off if I agree and sign this letter??

 

Thanks in advance!

 

 

Sammi_Babe

[hagenuk]

How much is your debt to HSBC and what kind of arrangement do you have with Payplan to discharge it?

[Sammi_Babe]

My debt to HSBC consists of an overdraft and an old loan.

 

I had the loan for years, could never pay it back, found out they missold me a payment protection plan (I would have been not covered by it) and had that refunded.

 

The overdraft came from not being able to make the loan payments and them taking the payment from my current account, making me overdrawn, then putting it back and charging me, hence making me further overdrawn.

 

Total is 2,585.21, this is the loan and overdraft together and under the control of Metropolitan Collection Services who have informed DG.

 

Thye arrangement I have with Payplan is a Debt Management Plan, I pay them my excess (!) income each month and they distribute evenly to all my creditors, and handle the negotiations etc.

 

 

I've no hope have I?

 

It will all go to them to pay it all back!

 

Even though I got overdrawn because they kept taking the loan payments out and charging me when there was no money there.

 

 

 

Sammi_Babe

[hagenuk]

This is not my area but if a formal arrangement is in place for the repayment of this debt to HSBC along with other creditors with Payplan then I would think that by paying your charges refund to the DCA HSBC are making themselves a preferential creditor.

 

I appreciate that any repayment schedule arranged through Payplan may not be a legal arrangement and it does benefit you if your debt to HSBC is reduced but in theory this money could be an unlawful preference and recoverable from you for the benefit of your creditors generally.

 

You should contact Payplan and find out the precise structure of your repayment arrangement and ask them, without giving anything away, about what should happen if you come into an amount of money.

 

Have you been paying regularly and not missed any payments?

 

I would then, once you have the information from Payplan, contact DG and inform them that any payment to the DCA is unacceptable on the basis that it will create an unlawful preference and that you expect a cheque by return and if you do not receive this then you will continue with your claim for charges.

[lateralus]

this probably won't make you any happier - but take a look at this thread:Metropolitan Collection Services Ltd (1 2) post 11.

it's very informative.

[Sammi_Babe]

Ok, have drafted a letter back to DG, would appreciate any comments/edits etc. thank you

 

 

 

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With reference to your letter of 26 April 2007, I wish to decline your ex gratia payment of £1,799.38 with the specific terms you attach to them, for the following reasons:

 

I would like to point out that any payment to the Debt Collection Agency is unacceptable on the basis that it will create an unlawful preference over my other creditors. I have already entered into an agreement through Payplan with the Debt Collection Agency, to pay back the sum at an agreed and affordable rate.

 

With the sum of money I am claiming from you, it would be most prudent of me, and in accordance with the agreement I have entered into with Payplan and the creditors who have agreed terms through Payplan, to distribute any monies equally and fairly while still leaving my family enough to live on.

I therefore expect a cheque by return, but if I do not receive this then I will continue with my claim for charges.

 

 

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Sound ok?

 

Shall I send recorded??

 

I am still not sure if they filed their AQ as per post #6

 

Shall I phone the court?

 

If they haven't filed their AQ then what do I do?

 

Thanks SO much for everyones help so far!

 

Sammi_Babe

[Sammi_Babe]

I'm sorry to post again so soon, it's just that I am getting more and more worried about whther my letter is ok (in the ways its written etc)

 

I would be most grateful if someone could give me the yay or nay on whether to send as is.

 

Many thanks

 

Sammi_Babe

[hagenuk]

I would send it without delay.

 

As to your questions, obtain proof of delivery, recorded is not necessary. There is no need to phone the court at this stage. The Defendants not filing the AQ can only work in your favour, however, at present it is not important.

 

Send your letter.

[Sammi_Babe]

Hello,

 

Not been here for a while, apologies, ill health, depression etc etc.

 

Ok, have noticed I have had no reply after delicately pointing out that accepting their offer to take what I am demanding off of the arrears I have arranged to pay them back thru 'Payplan', I have noticed th court date for both HSBC and my other claim with Barclays is due THIS MONTH (JULY) on the

SAME DAY (27)at the SAME COURT with different Judges.......?!??

 

I have instructions on the court forms to send paperwork I will be relying on to the court and the banks. Is this the 'court bundle'?

 

Do I print it all off now and send it??

 

I am now getting twitchy and worried as HSBCDG seem determined that any money owed to me goes towards paying of my 'already agrred terms' repayment of what I owe them! I wouldn't owe them anything if they nver charged me and gave me a loan when I was only working 9.5 hours a week all those years back!!!!

 

 

HELP!

 

Thank you

 

Sammi_Babe

[freakyleaky]

What seems to be happening at the moment is that whan you send in your court bundle to dg they will make an offer. You usually need to send the bundle in 14 days before the court date. Have a read of this thread court bundles for dummies . It will guide you through the court bundle step by step. If at any point you get stuck just come back here with your questions.

Have you sent dg any nudge letters?

If not then you might want to send them one now. In it you can stipulate that you will only accept the payment via cheque and i they do not agree to this then you will take the case to court.

Hope this helps for now.

I will post a link for the nudge letters in just a moment!

[freakyleaky]

You can find templates for the nudge letters in the first post of these 2 threads. Just ammend them to suit your circumstances.

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

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

[Sammi_Babe]

Hello,

 

Many thanks for your reply!

 

Ok heres what the court papers actually say:

 

 

 

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NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (HEARING)

 

DISTRICT JUDGE XXXXXXXXXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track

 

1. the hearing of the claim will take place at 10.00 on the 27 July 2007 at XXXXXXXX County Court and should take no longer than 1 hour

 

2 AND IT IS ORDERED THAT THE PARTIES COMPLY WITH THE FOLLOWING DIRECTIONS

 

(i) Each party shall, deliver to every other party and to the Court Office copies of all documents on which he intends to rely at the hearing no later than 2 weeks before the hearing.

 

(ii) The original documents shall be brought to the hearing.

 

(iii) The Court must be informed immediately if the case is settled by agreement before the hearing date.

 

(iv) Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the docum,ents mentioned in paragraph (i) above. This includes the evidence of the parties themselves and of any other witness, whether or not he is coming to Court to give evidence.

 

The court may decide not to take into account a document or the evidence of a witness if theses directions have not been complied with.

 

 

etc.....

 

 

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So, send a nudge (thanks for links!) but going by this I need to send the court bundle in ASAP as I only have til Friday the 13th (Glory Be! Trust me to have THAT date!) to make sure it is lodged.

 

Do you suggest sending court bundles to the Court and DG using recorded? I suppose I should shouldn't I .

 

 

Again MANY thanks and you WILL get a donation once this is all over!

 

 

 

Sammi_Babe

[freakyleaky]

So your bundles have to be in by the 13th. Today is the 2nd. You got loads of time. When you do send it, yes send recorded to dg. If your court is local and you have time you can deliver it by hand and save a few quid.

Give yourself a couple of reads to get your head round the bundle. Once you start getting it together just ask when you get stuck.

Use the link I posted above as Lat has made it really easy to follow.

Oh and yes send a nudge to dg together with another copy of your charges.

[Sammi_Babe]

Hello,

 

Right, today.

 

I am printing and scanning like a demon.

 

I sent nudge letter to DG, have heard NOTHING.

 

Court date is 27th so I need to send bundle in by 13th

 

As we have a post office strike from 7pm thurs these need to go TODAY.

 

I am so worried now. I will have to go to Court now won't I?

 

That means hubby taking day off work to look after kids and I am so scared!

 

I just hope I get this bundle right, I am againsts Barclays at the same day/time but with a different Judge so doing all this for BOTH cases!

 

Someone donate me some paper and ink?

 

Anyone wanna come court with me???

 

Sammi_Babe

[freakyleaky]

sammi you won't have to go to court. Can you let us know how the bundle is going? Show us the index of what you have included. Lets get the bundle right before you send it!

[freakyleaky]

Here is a copy of my index for my bundle. I did add a bit to this but if you can get your index to look similar to this then you are almost there!

 

INDEXDescription: Pages:

1. Correspondence 1 - 38

2. Bank Statements 39 - 85

3. Statement Of Evidence 86 - 92

4. Relevant Case Law Summary 93 - 95

5. Early Day Motion From The House 96 - 98

Of Parliament

6. Dunlop v New Garage 99 - 100

7. UTCCR 1999 101 - 112

8. UCTA 1977 112 - 124

9. SOGA 1982 124 - 139

10. OFT Statement Summary 140 - 142

11. List Of Previously Settled Cases 143

12. HSBC Bank PLC Terms and Conditions 144 - 189

13. Latest Schedule Of Charges 190 - 192

[Sammi_Babe]

ok, I've printed all the stuff from the Court Bundle zip, including the related web links in there also the charges breakdown sheets. and terms of banking. I am now printing the copies of the statements from HSBC with the charges highlighted (just those pages).

 

Next I will be copying all correspondance, not the 'without predjudice' on the top.

 

I *think* thats everything although how the heck to number it all is beyond me. I will have to mark by hand. I have 5 big bundles of paper here, one for me, two for court (re HSBC, re Barclays) and one each for HSBC and Barclays.

 

My room looks like an office and as a dedicated recycler, I abhor using all this paper!

 

Thank you, freakyleaky, you are keeping me sane today!