Issue Date: 08 Nov 2012 Amount claimed [£2000] - I have hidden the actual amount but it is justa tad less than this. Court Fee: £75.00 Solicitors costs: £80.00 Total Amount [£2000] – again actual total amount ishidden Claimant: SIGMA SPV1 LIMITED Address for sending documents and payments (if different): HL LEGAL & COLLECTIONS 1ST FLOOR GROSVENOR HOUSE PROSPECT HILL, REDDITCH WORCESTERSHIRE B97 4DL 01527 586517 [xxxxxx\xxxxxxxx] – my HSBC sort code and account ??? Particulars of claim: Monies due under an overdraft on current account [xxxxxx\xxxxxxxx]betweenHSBC Bank PLC and the defendant the benefit of which was assigned to the claimanton 21/12/2011. The overdraft terminated upon the Defendants failure to complywith the terms of the overdraft agreement. The claimant seeks interest pursuant to section 69 of thecounty courts act 1984 at the rate of 8% per annum from the date issue continuingat the daily rate of 0.41 Any payments or queries should be directed to the claimanton 01527 586594 (phone) or email [email protected] I have been sent the following forms which I have not submittedyet. N1, N9, N9A,N9B On my credit file the HSBC account started June 2001. It is wasmarked as settled (balance £0) as March 2009. There have been no furtherupdates since then. I then have the following entry on my credit file for sigmared. Started Aug 1996 ??? with a default date April 2009, balance[£2000]. This entry is updated every month to date showing a balance of [£2000] I really do not want a CCJ on my credit history. However Ido not have the funds just yet but could if given more time. January 2013. Do I pay this now , fight it, or try and delay it. Overall IMUST avoid a CCJ due to my job. Any advice is really welcome.

Thank you Gary - As I understand I need to provide proof that the charges were actually made - I will send off copies of the stement sheets with the charges highlighted as well as a summary sheet. I am also being asked for a "statement of your evidence." so I will use your template - thank you very much

The dates are as follows… The claimant must file before 7th January 2007 !!! The defendant must file before 6th February 2007 The case to be heard on the 27th March 2007. FYI - The Judge made the order on the 28th December but the court letter to me was not typed until the 18th January. I contacted the court on the 19th Jan and they said that they were behind with the paper work!!! But to get my response in ASAP and it will be OK ?? I will be writing a separate letter of complaint to the court over the delay in typing my order out – this is not acceptable IMO.

Finally I have a court date set – the hearing should take no longer than one hour! - I am claiming just £300! How should I tackle the court letter?? The claimant shall file and serve Copies of anyy statement or other documents relied upon as showing that each and every charge repayment if which has been made A Statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties. The defendant shall file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed: Pursuant to what contractual provision such charges were made, producing a copy of the contractual document relied upon; Whether such charge is accepted to be a penalty, and if not, why not; If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trail as to what the true cost of dealing with the matter was. Two questions How do I tackle my part, and is the judge asking the bank to divulge how it arrives at the charge / penalty figures?? - the court is Leicester. I am looking forward to my day in court.

I went with the warrent ! Issued on 2nd January 2006 "Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action." I have now recived notice that the warrent has been sent to Coventry office for action !!!

I received notice this morning from the court that in my case against Cahoot ( 6QZ89504) for £288.00 that I have won by Default !! Cahoot never acknowledged my claim – I sent to Cahoot in Coventry. So after 14 days I filed for judgement and won. However I am not sure what to do next?? 1) Do I write to Cahoot giving them 7 days to pay up before I issue a warrant and enclose copy of the judgement for them to see 2) Just Issue the warrant NOW 3) Do nothing – they will pay up now.. Thanks in advance for any advice..

OK - good news - £3514 now returned back to me for my personel accoutns claim - so i am happy right now. however... nothing from DG on the business accounts - they have reqested a breakdown but that was three ago now - I sent a follow up brakedown one week ago (to show how the 8% day charges were being added on). If I hear nothing this weekend then I will send another letter and another and another... until they responed. My AQ in in!! so I am just watingt for a court date now...

Immm try near to day 26! - DG seem to be strining this out just as far as they can right now..

Yep - I got my 100% offer today - 9 days since reject offer day

Indeed there has been some news – I received the “can you send us the breakdown of your charges letter”, one for each account – so I forward the schedules as requested. A week goes by and I get a offer for 95% on my personal account – which I reject!! Today I have been made an offer of the full 100% on the personal account – which I will accept on Monday. Thing is, there has not been a squeak! over the business accounts at all – I resent the schedule on this again last Wednesday (highlighting the current daily interest amount ) So good news !!! £3.5K better off – but still waiting for the £5K offer from the business account. My A.Q. deadline is Friday 4th so I will just push ahead with this ..

Why wait another 7 days? once you file the MCOL you will have another 28 days to wait (they will acknowlage the MCOL) until the MCOL dealine expires - It it totally normal not to hear anything from HSBS until day 26 or day 28. Remember that you are sueing them and therefore you set the time table etc.

Ibet that they ACK. on tuesday - this seems to be the norm.

I rejected my offer today as it did not include the daily interest since filing mcol as well as my A.Q. costs - it comes to just over £125 so we shall see what they now offer.

Good to hear Smileyk - you won !!!!! I filed my MCOL on the same day as yourself but as og yet have not had any offer at all. DG have defended and i have now recived my A.Q. DG have request a brakedown of charges so I may get some sort of an offer soon....

you can merge two of the accoutns together - as long as the claim total (not including the 16% or 8% interest) does not go over £5K. I have merged accoutn and currently have two MCOL claims going through - total amount £8.5K.

I have the bit between my teeth tonight.. Today I have received copy’s of both defenses in both my casea . The wording for both the business and personal account is EXACTLY the same as follows:- Defense 1) The Claimant account is governed by the Defendant’s personal banking terms and conditions. 2) Pursuant to the Defendant’s terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant’s price list. 3) It is denied that the fees charged for the service provided amount to a penalty or liquidated damages clause. The fees are an agreed price for a service provided by the Claimant. Also included was both allocation questionnaires – both must be submitted by 4th November as at a cost of £100 each. I will be posting both of them off (Thursday 18th October ) along with the £100 + £100 fees. Next action points…. Any points to pick apart from HSBC’s defense? This is my section G text that I will include on my allocation questionnaires for both of my claims. “I believe that this case will last no longer than 1 hour. I am respectfully requesting that my claim be allocated to the small claims track as 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 that the Defendants refusal to reveal the details of their penalty-charging regime. As the Defendant 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 and order standard disclosure. I understand that it is in the courts discretion to do so. and I believe this would bring a rapid end to this litigation.” If / when my claim is settled then HSBC have just lost £200 – why do they not enter in dialogue after my prelim and LBA letters....

I expect that you will hear nothing for 28 days - apart from an acknowlagment of the MCOL cliam

I did the same path as you but I seperated my Business and Personel claims. I am still waiting for my money to be returned but I think that I am nearly there now. Send off your LBA - you might get a fob off letter but expect to go to MCOL - you might want to split the MCOL into two claims to keep them under 5K

No defence on the second claim - I do expect this to occur on Wednesday - Therfore I have posted off both schdule of charges and will phone them tomorrow to ensure that they have recived them... It is time to chase them up now ! What is the next 14 day deadline then ??

No it is 28 days from the date of service, the date of service is the date of issue + 5 days.

You are on the right lines - but DG will just enter a defence on day 28 (as they have done today in mycase) to prevent you from requesting judgement. so i am not sure I would use that as a threat - I would just remove the following - the reset seems fine "You now have until 28/10/2006 to respond satisfactorily before I apply for a court judgement against you."

It is normal for them to offer 50% first just to see if you will acept it - when you dont they withdraw the whole offer. Stick to your timetable - you must be at MCOL stage now...

DG have now filed a defence - right on the last day - so I will now post off the schedule of charges as requested. I guess that I have to wait for the A.Q. now....

Not really chris - I issued on the 18th September and just as the 28 days is about to expire - I get a letter request a breakdown of the charges - I tried to speed things up by sending a breakdown of charges to the court, but this did me no good! You could at a pinch drop them a letter saying that note note that they have acknowlaged the calim and here is the breakdown of charges...

Hi Hobbers, Just to let you know that is lots of support here on the site - read the FAQ first as already suggested. Just to give you an idea of time scales... I first requested my data back in July and it is only now that I am seeing light at the end of the tunnel - but ti will be worth it in the long run.