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chkaijo

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Posts posted by chkaijo

  1. did you get your money?

     

     

    I finally got my money in the bank yesterday:D . What a nice feeling. I received all plus court fees. there was some reduction on the amount claimed due to two of the charges claimed were refunded but i am happy!

    Now i can donate to the site.

    thanks to everyone for the help received

    Bong

    Gary H

    Lats etc

    thank you

  2. Hi everyone,

    update, i have been busy

     

    recieved from hsbc for original offer except court fees on the 9th january. was concerned as what to do so I called the bank, spoke to Mr Pretty who said they would pay all my court fees plus the original sum. he suggested i made a note of this on the acceptance form. I decided that i would accept this offer once my court fees was paid . I sent off the letter that same day. IN the letter suggested allow 7 days for account to be credited. these seven days would be up on thursday . additionally I withdraw my N244 as i accepted hsbc offer. Did I do the right thing? advise please??? considering everything in this post.

     

    in the mean time i have received a notice that acknowledgement of service has been filed dated the 10.1.07. this states that the defendant has 28 days from the date of service of the claim form to file a defence.

    i have written a letter to HSBC lawyers which i have included.

    please advised me accordingly about this letter. I am due to send this today. thanks

     

    my address

    DG Solicitors

    12 Calthorpe Road

    Edgbaston

    Birmingham

    B15 1QZ

    15/01/07

    Dear Deborah D'Aubney,

    Re: account number xxxxxxxxxxxxxxxxx

    Claim number xxxxxxxxxxxxx

    I accepted the Banks offer of £1398.00 on the 9/01/07 the letter, was sent off to me on the 8/01/07. However I spoke to a Mr Allan Pretty that same day and requested that my court fees also be refunded to me which is £120.00. Mr Pretty acknowledged my request and suggested I add it on to the part that I have signed which I did. I also added that I accept this offer unconditionally expecting the payment of my court fees to be paid. Additionally the paper work suggested I allow 7 working days which should be up by the Thursday 18th or Friday 19th of January 2007.

    HSBC may be processing another charge to my account of prior to 17 Jan, since my claim was filed with the court. I am of course anticipating that your client will settle my claim, in the same way that it has settled all claims of this nature; therefore please obtain your client's instructions to include any further charge within the settlement figure. This will save your client additional costs and a court fee of £30, if I have to raise a separate action for the recovery of any charge.

    If this money is not deposited in my account by this time, I will continue to pursue the claim in court for full amount stated, plus any further charges and interest and cost, without further notice. Since not sticking to your 7 working days will constitute you not keeping your word. I hope that this will not be necessary and look forward to resolving this with you.

    I enclose a schedule of charges which includes 8% interest which I would be claiming for if my court fees are not added on.

    Yours Faithfully

  3. called the consumer help desk re my POC. advised that i sent an amendment to my original POC to Northhamton courts where my MCOL was sent to via the post. I was requested to send 1 copy of the N1 form, and 1 copy of the N224 amendment form. then i was informed that the form will go before a judge in which a seal will be put on it and it will then be posted back to me and get this i have to serve it to HSBC bank themselves:( :eek:. I did ask if i can serve hand the POC to my local court and the answer was NO i have to send it to them.

    A bit confusing as to the amount of copies i have to send though???

    should i stillsend three copies despite what the consumer desk stated to me???:confused:

  4. Hey,

    thank you very much. i was getting really dispondent and was wishing i had settle for the first amount that Mr Collin Langdale had offered. However Lats thanks for the support and encouragement. Gary H you are wonderful for the link about amending my particulars. Will do it sometime in the early hours of the morning. when I am rested and less prone to make mistakes and baby is asleep;) . Lats i will take you up on your offer to pm you on Sunday to check it out the particulars of my claim before I send it if that is ok???

  5. i'd still try the amnesia - baby hit the button(i'm not serious - just bite the bullet and say you screwed up, humbly) - tack with the court - you may get a really sympathetic person. work on your partics between now and then to get them spot on the way they should be - so if they say fax them over - we'll put them in or whatever, you can do it and not say - oh i'll have to get it done - have it ready. copy mine, with your numbers (acct, dates, amounts substituted), pm them to me or bong (without the acct. no) and we will check it. ok??? if that's a no go - do the mod thing as bong says.

     

     

    thanks i will try all of the advice given and hope my stupidity does not make e muck it all up.

    Thanks a lot lats and bong

  6. No I did not make it up. I followed an example from the small claim self help kit. Thank you For your help. I hope I have not jepordise my chances. will keep you posted. I have already receive notice from the court that they have sent my claim to HSBC already

  7. ok chkaijo, are you sure your figures are right? £3,337 seems like too much interest if its at 8% on charges of £1425. If the figures are wrong as well I'd be inclined to withdraw the claim and start over.

     

    no sorry it is £337.97.

  8. post up your particulars as well chkaijo so we can see what is in there. I'm thinking there may be a way of working around this without filing an amendment.

     

    Here is my Particulars of claim:

    The claimant claims the sum of £1425.50 being due by the defendant under an invoice dated the 5th November 2006 for unfair bank charges applied to the claimant which has remained unpaid dispite request for payment. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 5th January 2001 to 2nd January 2006 of £3337.97 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.31.

     

    Lats i also just realised that the dates should of been from the 5th January 2001 to 2nd November 2006 instead of 2nd of January 2006:cry: :oops: . i am definitely in the dog house.

  9. I send off my MCOL on the 3/01/07. I was just looking at other threads and realised that I did not add certain things in my Particulars of claim:sad:. for example

     

    Your account number

    Date account was opened

    The date from when your charges began

    That you have already supplied a schedule of charges

    That you will be supplying a further

    Should I write to the courts and including the particulars or should i start a new MCOL:?: :?: .

  10. i have accepted partial payment. i included this statement in my letter. so that u can use it when need be.. However I will accept as partial settlement the amount offered and that I will be willing to withdraw my claim upon unconditional full settlement. sorry for not including that before

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