chriselaine V HSBC

[chriselaine]

Hi

 

Have sent first letter to HSBC, got normal "we are investigating the matter" reply, so sent LBA letter. 14 days were up last Wednesday so have got N1 form and basically ready to go with court action, so phoned bank to inform them that they would be going in the post today if no action taken. They have told me that they legally have 40 days to reply and that I cannot take any action before then. Did anyone else get this response?

[Rayne]

I'm assuming that you've asked for your statements under the DPA? If so I BELIEVE that they are correct in that they have 40 days from your letter. Won't hurt to send them a nudge tho

[nettyg]

as rayne says, they have got 40 days to send you your statements/info. give them to the whole 40 days because if you need to use a defence in court - you giving them reasonable time to comply will be favoured.

[chriselaine]

I wasn't requesting statements because I had all the relevant ones already. They claim that by law they have 40 days to consider my complaint and make me an offer if appropriate. I'm guessing this is just another bluff??

[Rayne]

sounds like it to me. If you stick to the original timetable you won't go far wrong. As it seems you're NOT doing SAR then it should be:

 

1. Prelim +14 days

2. LBA + 14 days

3. MCOL +14 days to acknowledge then +14 days to enter a defence giving 28 days in total

4. Anything could happen from here on in, lol, but they always tend to offer after this stage, if they haven't done so already.

 

It's a long-winded process but patience is a virtue and it's worth the wait

[nettyg]

yes, sorry got the wrong end of the stick. carry on with your claim. IF they offer at this stage it won't be for anywhere near what you are asking (or very rarely is). the reason for the 40 days is because they're behind - what a shame lol.

[lateralus]

their normal response - when they bother to give one at all - is that they have 8 weeks to look into the matter -

as the guys say - it's your timetable and your claim.

go ahead and file your mcol - or n1.

here's a useful thread:Getting MCOL Right

it applies to n1's as well.

[chriselaine]

Thanks for all the advice. I'm going to file the N1 early next week.

[Mostyn1704]

Hi Chriselaine. I filed my NI last week, compiled from lots and lots of examples here - am claiming 6 years 6 months worth of charges and interest (all the statements I have ) + compound interest on it all. Let me know if you would like a copy - I'll pm it you as I think we should not post such things here. Good luck

[chriselaine]

Thanks Mostyn - had already prepared forms from information on here. Finally filed claim with court and it was deemed served on 25.5.07. Heard today that HSBC have acknowledged service and are intending to defend claim. Is this their normal response?

[freakyleaky]

Hi chris, this is qiuite normal. They will put their defence in at the last minute and then your case will be trasfered to your local court. Once they have defended just shout and you will get loads of help on the next stage.

[chriselaine]

Thanks for that - the case is already filed with my local court as papers were served to my branch of HSBC here in Ipswich. Was that right or should I have had them served somewhere else?

[lateralus]

no, that was fine -

now you can send dg solicitors a copy of your breakdown as they will only ask for one later - so send them one - address on page 2 of acknowledgment.

[chriselaine]

Have just received letter from HSBC with a without prejudice offer which is £250 less than the amount I am claiming through the court. Have written back rejecting the offer and informing them that I will take this right through to court unless they pay in full. As my total claim is only for £850 does anybody think there is more chance that they will settle early, or are they likely to take this all the way. Also, jumping ahead to that scenario, it will cost me quite a bit to produce a court bundle as I have no easy access to a photocopier and will have to pay for it. How can I add those costs to my total claim?

[Michael Browne]

How can I add those costs to my total claim?

You can't just add them to your claim, but on settlement you can apply for wasted costs:

Wasted Costs order

[chriselaine]

OK so now I have the papers from the court. DG have entered their standard defence, fees not charges, not contrary to UTCCR etc. My claim is only for £850 so AQ is for small claims track. I have been offered court mediation service - is this a good way to go? If I go for mediation should I tick yes in A (settlement) asking for a month stay? In G (other information) should I just repeat the details that were in my original particulars of claim or do I need to put something different here?

 

Help Pleease!

[Trish76]

Hi chriselaine,

 

You will not need to take up the offer of the court mediation service, this is standard for them to send this out.

 

In regards to the AQ

 

See here:

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to DG

 

Hope this helps!!

[Castlebest]

Hiya Chris, my personal view is Mediation is a non starter

• DG solicitors wont talk to anyone
  
• What is there to mediate ? DG make full offers all we want is a payment date.
  
• Mediation is expensive and you have to pay half.

It must look very tempting to a busy judge to say go talk to the mediation service and come back when its agreed but it doesnt work.

 

If you have had a stay put on your claim I would apply to have it set aside and have a court date set, maybe incorporating a request to have the CAG draft directions adopted because that is the only way DG solicitors will respond.

 

pete

[chriselaine]

Many thanks peeps. Now going through all the info I will have to produce for court bundle if I go for Draft Direction option. It all seems very daunting but I guess once I get started it won't be so bad.

[freakyleaky]

have a look at lats thread for court bundles, It's ace!

[chriselaine]

Will do - thanks.

 

One other thing I've just noticed. On several occasions on my bank statments when they've refused a direct debit payment, they have instantly charged me £30 each time without giving any notice. Are they allowed to do that. I thought they had to give 14 days notice of any charges?

[freakyleaky]

Not sure on that. I would have to read the T&C's. I will leave that for you to do. i have seen enough of them to last a lifetime!LOL:D

[chriselaine]

Have seen on penaltycharges.co.uk website that another course of action is to request that the defence be struck out. Does anybody have any experience of this tack or any views on it?

[Castlebest]

They do charge you imediatly for returned direct debits and refused cheques and thses charges are claimable, bit late for you though if you havent included them in your schedule because you have filed your claim now, would mean resubmitting your claim schedule and POC's.

 

YOu normaly go for a defence strike out when DG are in default of something, i.e. they havent filed on time. In that situation you write to the judge and ask for a strike out of the defence on the grounds of abuse of process.

 

pete

[chriselaine]

OK. But from what I can make out this order for strike out is on the basis that they are playing games with claimants, i.e. wasting court time by submitting defence and then paying out at the last minute. Draft order requests them to list successfully fought cases against cases where they have paid out. This argument seems pretty reasonable to me.