memoryman V HSBC (round 1 !!!)

[memoryman00]

Hello memoryman,

 

I had loads of WITHDRAWN entries on my statements, which, like you I assumed were my over the counter withdrawals. Thing is though, I had one which apparently took place after a ATM withdrawal at 18.32 hrs on a Friday evening.

 

When I phoned HSBC to query this, they said someone would ring me back to explain. That was 3 weeks ago and I'm still waiting.

 

I'm tempted to claim it as the bank don't seem to know what this is about either. Did you include these figures in your claim? If not, did anyone from the bank confirm exactly what they were about?:?

 

 

 

 

I relised that the WITHDRAWN bits on my ststements were from when i withdrew money over the counter.

 

I was just being a bit silly !!!

 

Basically, its my money i took out. SILLY ME !

[Simmo.S]

I thought it might be that memoryman.

 

Was just a bit suspicious when I spoke to the customer services officer who couldn't tell me what they were, then said they'd speak to their manager and he'd get back to me. When I heard nothing, the conspiracy theorist in me smelt a cover-up.

 

Paranoid me!!

[memoryman00]

HELLO TO ONE & ALL,

 

Well, 14 days has passed and i've had no acknowledgement of my case and they haven't entered a defence.

 

I guess i win by default, so gonna go ahead and proceed to the CCJ procedure.

 

Does anyone roughly what my time frame is or if need to do anything particular right now??

 

TA !

[jonni2bad]

Just double check with the court that they haven't entered a late defence, then ask for Judgment in Default.

[Simmo.S]

I'm about to issue proceedings myself. A bit nervous, but have come this far and not about to back down. When you say 14 days have passed and the bank's done nothing, was there a hearing date they didn't turn up for or has the court order them to lodge a defence within 14 days?

[Michael Browne]

I'm about to issue proceedings myself. A bit nervous, but have come this far and not about to back down. When you say 14 days have passed and the bank's done nothing, was there a hearing date they didn't turn up for or has the court order them to lodge a defence within 14 days?

 

The step by step guide explains the court procedure here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

[Simmo.S]

Thanks for the pointer Michael. Will have a good read before I start on the paperwork tomorrow.

[memoryman00]

My request for Judgment by Default has been accepted.

 

I waited, just in case something arrived in the post today, but nothing. So i guess this is almost over for my case.

 

I'm thinking of phoning the bank to maybe let them know about the CCJ

[biglondon12]

well we thought of phoning the bank but they have just written back to say they will set the judgeement aside. I wish we had kept quiet now and applied for the warrant of execution rather than bring it to their attention!!

[memoryman00]

HELP !!!!!!

 

 

I've just checked the MCOL and HSBC have acknowleged the claim, but it's 3days late.

I'm sure i'll receive something in the post in the next day or so.

I'm also just waiting for validation on the CCJ as the request goes in at 9AM tomorrow.

 

Not too sure where i stand as they didn't acknwledge the claim until AFTER i requested a CCJ, 3 days late aswell !!

 

Should i phone the court in the morning or will i just win by default as they only acknowleged today ????????????

[Michael Browne]

The chances are that the court will accept HSBC's defence and turn down your default request and will send you the defence + AQ. Phone the court tomorrow and check.

[memoryman00]

OUTRAGEOUS !!! LOL

 

 

Better give them a call in the morning and hope for the best.

 

Should be close now, i'm guessing ??

[memoryman00]

Just spoke to someone at MoneyClaim and the bank have acknowleged my claim, but at the very last minute.

Even worse, it takes 24 hours for the CCJ's to be validated and so my request for a CCJ has been overriden by them.

 

Judgung by other threads i've seen who have gone this far, it seems like a bit of a stalling tactic but i'm getting more and more worried as this drags on !!

[biglondon12]

Don't worry you've nothing to worry about - it is a stalling tactic, but all part of the process. Now they have acknowledged your claim you will hear from their solicitor DG regarding the way forward.

[memoryman00]

Cheers johnwright76

 

Should be interesting what i receive from the solicitor's.

 

Will let you know as soon as something is in the post

[biglondon12]

You'll be fine...good luck.

From what i can gather HSBC take a very different route with everyone, but all claims only ever seem to result in one thing and that is a pre-court settlement!

Now they have acknowledged your claim they have 28 days to offer a defence, so fingers crossed that DG write to you sooner than later

[memoryman00]

I just popped on to the MCOL website and where it say's that you can enter judgement, it says REJECTED.

 

Now, they told me this over the phone as HSBC got the acknowledgement in at the last minute, so that was cool. But went i looked on the site, it's now saying that "i am unable to take any further action online on this claim".

 

But it also says that the defendant has 28 days to enter a defence, so not sure what they mean :confused:

 

Does anyone know where i possibly stand on this one or has anyone else experienced this situation ??

[biglondon12]

not sure - phone their helpline up to ask, they told me their web site is not the best so it could be a default result given that your judgement has been turned down.

[memoryman00]

Well, over the weekend i recieved conformation from the court that HSBC intend to defend all the claim..... but still nothing from the bank or solicitors.

 

They've got until Saturday to enter a defence, so i'm just sitting here waiting !!!!

[memoryman00]

AAAARRRRGGGGHHHHHH !!!!!!!!

 

Still nothing !!

[memoryman00]

Just went on to the MCOL website and i saw that HSBC intend to defend the claim.

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

I sill haven't heard from the solicitor's but no doubt i will now in the next couple of day's.

 

This is where i start to get extremely paranoid. Does anyone know what can happen in this situation ??

 

I've seen a few threads where people have been asked to fill out a questionaire and send back a breakdown of charges

 

Any help will be greatly appreciated

 

Thanks,

[Michael Browne]

It will be transferred to your local court who will send you their defence and an allocation questionnaire.

[memoryman00]

Hey Michael,

 

Thanks for the reply, but that's what i was worried about.

I guess this is normal, by the sounds of it but just the thought of this going to court is quite worrying.

 

Having seen cases being stayed and even one thrown out, it makes me think that maybe i should have just taken their first offer

[memoryman00]

Well, today i received conformation from the court of HSBC's defence.

 

Firstly, the defence which said -

 

1- The claimants account is governed by the Defendant's personal banking terms and conditions.

 

2- Pursuant to the Defendant'ss terms and conditions and the Defendant is entitled to make a charge for it's services as set out in the defendant's price list.

 

3- It is denied that the fees charged for the services provided amount to a penalty or liquadated damages clause. The fees are an agreed price for a service provided by the Claimant

 

 

.... and i also received a questionaire, which i guess is normal procedure, but i've just found out is now going to cost me ANOTHER £100 when i hand it in to the court... and it's been moved to my local court aswell.

 

 

I wondered if anyone else has had any experience of filling in this questionaire?

 

And should i attach the spreadsheet to it aswell, as there is a section which says OTHER INFORMATION to put in anything to help the court understand the claim ??

 

I JUST WANT THIS TO END NOW !!!!

[Michael Browne]

Comprehensive AQ guide here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html