Confused about court

[007coot]

Hey peeps,

 

I'm a bit confused:confused:

 

I keep reading that most banks pay up before court and cases very rarely get that far. I sent of my request for re-payment of charges (on behalf of my husband)and the dealine was today so I have sent an LBA via recorded delivery. What are the chances of them actually paying up before that expires? I have requested £1186.50. I get the feeling they are going to let me take action!

 

They keep ringing up and I keep telling them that my husband does not discuss personal details over the phone so they should put any comments/queries in writing. They say OK and then hang up but so far he hasn't had a letter. I'm not even 100% sure if they are ringing about this but it most probably is. If they do get him on the phone he will crumble! He's not good at this sort of thing hence me doing everything for him. All he does is read my letters and then sign them.

 

I was so excited about getting this money back for him with the help of this brill website but something tells me I'm going to be disappointed. Am I being paranoid????

 

PLEASE, PLEASE give me some reassurance that there is a good chance I will get it without the need for court.

 

Thanks x

[sarahab7]

Hi 007

 

I, like you, am slightly worried.

I sent an LBA and got a copy of a previous letter they'd sent me! Have filled in my MCOL but have had no other communication from them. I also keep reading that they don't get as far as court but they seem to be pushing it quite far!

 

Sarah x

[Michael Browne]

 

I keep reading that most banks pay up before court and cases very rarely get that far. More like never (well, once a long time ago)

 

What are the chances of them actually paying up before that expires?

100%

I get the feeling they are going to let me take action! It's a feeling, have a drink it'll soon go away

 

They keep ringing up and I keep telling them that my husband does not discuss personal details over the phone so they should put any comments/queries in writing. Absolutely the right thing to do

 

I was so excited about getting this money back for him with the help of this brill website but something tells me I'm going to be disappointed. Am I being paranoid???? Yes, yes, yes.

 

PLEASE, PLEASE give me some reassurance that there is a good chance I will get it without the need for court. No, not a good chance, 100% cert

 

 

Is this enough assurance?

[007coot]

Ah Michael, you have made my night. I've just taken your advice about a drink and cracked open a can of Fosters - feel much better now LOL. I'm sure Sarah will be pleased to read your reply aswell! Thanks peeps for replying.

 

I'll keep you informed of how I get on,

Sarah, will you please keep me updated on your progress too?

 

Thanks again

Lisa x

[sarahab7]

Hi Lisa

 

How are you getting on with this?

I've not sent my MCOL yet because I read that we could get help paying the court costs so I'm just on with that now,extra forms to fill in but hey, if (sorry WHEN) I get my charges back filling in extra forms won't matter!

I've heard absolutley nothing from them since the last letter.

Other people seem to be getting offers so I'm a little worried, it's only for £1000!

 

Keep me posted

Regards

Sarah

[Dydie]

Hi All

Just to let you know HSBC ignored me throughout the entire process, I filed my action in court and they still did not bother to reply .... They are now out of time and the courts have today issued a judgment against them in defult for the full amount of my claim £4620.00

Dydie

[007coot]

Hi Sarah,

They signed for my letter before action on the 17th July and they have until the 28th to pay up before I file a claim with the court.

 

It seems that there are some people who don't get responses and some that do. I am wondering if it depends on where the letters are sent to? Maybe we have just sent ours to a department that doesn't really take any notice? I sent the original letter (data request) to the branch and hand delivered it. I received a reply from:

 

Coventry DSC

Harry weston Road

Binley

West Midlands

CV3 2TQ

 

I then used that address to send my request for repayment of charges and LBA but I have not yet heard anything

 

Maybe I should have just hand delivered it to my branch again!

 

What address did you send your letters to?

[sarahab7]

Hi Lisa

I've been sending all my correspondence to Coventry DSC because our joint account, which we are claiming was held there. But, the letters we have received have come from:

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

Signed by Mr Colin Langdale...funny how his signature is different each time!!

I haven't hand delivered anything or sent it recorded or signed for. The banks don't send my mail by recorded delivery and still presume I have it so I presume the same for them!

Just reading Dydie's post, do you still get your money if the court issues CCJ against them? Surely they have to pay up??

 

Sarah x

[Dydie]

Hi Sarah

If the court issues a default judgment against the defendant then you have won and will be issued with a warrant which you can execute if they fail to pay within a time limit (you stipulate the time limit) I have stipulated that HSBC must pay me the full amount immediately. whether they do or not remains to be seen

Dydie

[007coot]

Well done Dydie!

 

Does this mean you can send the bailiffs in if they fail to pay? I would love to witness that!

 

Can you think of any reason why they reply and pay out to some people and totally ignore others?

 

Cheers

[Dydie]

I hope that's what my default judgment means but I am

still waiting to hear from someone on here to answer my own

post and let me know for sure

 

I can't think why some get responses whilst others don't,

maybe it does just depend on who opens your letter!

I have always sent my correspondence to my own local branch

I feel that it should be them who deal with my complaints as

it is them who are directly connected with me and my account.

In some ways this seems to have paid off for me as they have

obviously not fowarded the court letters etc to the correct person

leaving them out of time to argue against my case!

 

Good luck with your claim

Dydie

[007coot]

I've just gone through the FAQ's and Bankfodder has given this info http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

 

Did you apply for your judgement straight away so that they cannot sneakily get a defence in, therefore gaining the right to proceed to court should they wish? He also mentions that you can call in the bailiffs via the moneyclaim website or local court.

 

Hope this helps

 

Best of luck!

[Dydie]

Thanks Lisa

That was a great help...

 

Well I geuss it's job done then and I can take the advice given

and pat myself on the back and go down the pub !!

 

I did double check with the courts this morning and HSBC

ran out of time on the 15th July and as of today when the

judgment was verified by the courts they had still made no attempt

to put in a defence!

 

They have today sent me a letter saying my overdraft facilities

have been cancelled and asked me how I intended to pay the balance

ummmm .... you can geuss what my reply was

 

Dydie