won Claim for return of College fees-service not provided - now Suing for loss of earnings.

[needadvice1]

Got something through the post today from watford county court.

 

The hearing of the defendant's application for Setting Aside Judgment will take place at xx:xx on the 15 Feb 2010 at Watford Country Court...

 

On his application notice it says that the solicitors think it will only take 20mins, is that realistic?

[legalpickle]

Got something through the post today from watford county court.

 

The hearing of the defendant's application for Setting Aside Judgment will take place at xx:xx on the 15 Feb 2010 at Watford Country Court...

 

On his application notice it says that the solicitors think it will only take 20mins, is that realistic?

Very! It's a simple application and a simple reason why it should fail! (And it's not "his", as there's no individual involved!)

 

On 29th December in the afternoon check the special delivery items have been received by going to: http://track.royalmail.com/portal/rm/track?catId=22700601&gear=authentication

 

If they don't show up after 2pm, then call 0845-7-740-740 and ask for confirmation to be e-mailed to you with a signature.

 

No need to take that with you to the hearing, just want to be 100% sure they receive what you wrote.

 

If you receive nothing in the post from HSBC or their Solicitors by 25th January 2010 then come back here and we'll prepare a Schedule of Costs to send to HSBC's Solicitors and the court.

 

They may pay up before then, they might not.

 

In the meanwhile you can prepare a folder with the Claim Form, Requests for Judgment in Default, Certificates of Service, Defence, Application, Letters (all letters from you to both parties & the court - including the response you sent today), each in their own plastic, with additional Special Delivery receipts (i.e. the original receipts) at the back of the folder in date order. Put each document (i.e. Claim Form & Particulars together with first batch of evidence, Defence, Judgment & Certificate of Service, Application...) in it's own punched pocket (plastic).

 

Be prepared. Read through the documents over the Christmas/New Year break. Make sure everything's completely clear in your head. There'll be no legalpickle at court to help you! You'll be on your own. It shouldn't be too difficult, but the more prepared you are and the more competent and clearheaded you are, the better chance you have [but your chances should be as dead-cert as they get of winning].

 

If they call you then insist on anything in writing! I can't reiterate this enough! Don't get into e-mail correspondence with them either! The only people at HSBC you are to talk to, are those you deal with in the normal running of your accounts!!! Anybody calls you about this - after making sure it's about this - tell them to write to you! DO NOT DISCUSS OR SAY ANYTHING ON THE PHONE, ESPECIALLYTO THE SOLICITORS OR LEGAL DEPARTMENT!!!!!!!!!!!!!!

 

May I ask which firm of Solicitors they are using this time please?

 

Finally, just because it says 20 mins does not mean that you'll be there for 20 mins. The court schedules a lot of matters at the same time when dealing with small claims track or basic applications, because many get disposed of by the hearing, where one party shows up they go quicker, some are applications by consent, and others are simple - like this one. So make sure to advise your boss that you're taking the day off - if it's scheduled for 10am or 12pm but will try to come in if it's over quickly which it should be - and if it's at 2pm then that you'll have to leave by 12:30pm - depending on the distance to the court. Leave sufficient time to arrive 15 minutes before the scheduled time!!! I'll prep you on attending court closer to the time.

 

Now please - no offence meant - leave me in peace for the 5 days, when I can study and prepare documents without outside stress thanks to everybody else being on their Christmas/New Year break!

 

Any questions please type them all up, and post them on the 29th. I want a few days rest from CAG - no offence meant, but I think I deserve it!

[needadvice1]

That's fine LP, thanks.

 

Just wanted to answer your question above; they are using DG Solicitors.

[needadvice1]

Hi LP,

 

Just a quick update. I've had no reply from HSBC's solicitors and CreditSafe says KITR are in liquidation.

[legalpickle]

Hi LP,

 

Just a quick update. I've had no reply from HSBC's solicitors and CreditSafe says KITR are in liquidation.

I think you mean LITR.

 

Did you check that the documents were received by DG? If yes, were they received?

 

Unless you have any queries, remind me 3 weeks before the hearing to prepare a Schedule of Costs for you for the hearing, but other than that, and you making sure everything's in a folder clearly and you understand everything 100% there's nothing else to be done till then.

 

So in the meanwhile only update me if you receive anything. Not receiving anything is not an update.

[needadvice1]

It was posted to the solicitors on 29/12/09

 

Is it odd that they've not replied? It seems silly for them to try to defend. Would they cover my cost of taking a day off from work?

[legalpickle]

It was posted to the solicitors on 29/12/09

That is misleading. Does that mean you sent it on 29th December 2009, or does that mean it was delivered to them then? "posted on" usually means you sent it that day, but you did say you sent it on the 24th which is why I don't understand this statement.

 

Is it odd that they've not replied? It seems silly for them to try to defend. Would they cover my cost of taking a day off from work?

As I've said before we'll try to get costs, but there's no guarantee they'll be guarantee.

 

A lot in life seems silly. I can't answer for them. Odd? They're Solicitors for a bank, that in itself means they're odd!!! Duh!!!

[needadvice1]

I mean it was delivered on the 29th.

[needadvice1]

Cheque received for the FULL AMOUNT! I'll bank this tomorrow!

 

I'm getting my results in a few days and so hopefully they will pay up for the interest too!

 

Thanks LP!

 

P.S. How much is a reasonable amount to donate?

[legalpickle]

Cheque received for the FULL AMOUNT! I'll bank this tomorrow!

 

I'm getting my results in a few days and so hopefully they will pay up for the interest too!

 

Thanks LP!

 

P.S. How much is a reasonable amount to donate?

CONGRATULATIONS!!!

 

What do you mean by "I'm getting my results in a few days and so hopefully they will pay up for the interest too!"

 

How much is full amount?

 

Any letters attached to it? Saying?

 

However much you feel comfortable with!

[needadvice1]

Remember I was also going to sue for the interest lost due to delay of earnings. I'll be able to sue once I know that I've passed right? I'll know in a few days.

 

The full amount being £1,009.91

 

Letters attached basically said that they are withdrawing their application and that I don't need to attend court. Also that the reason the made the application is that they did not know I was granted judgement in default over the 1st defendant. They also want confirmation that I've received the cheque.

[legalpickle]

Remember I was also going to sue for the interest lost due to delay of earnings. I'll be able to sue once I know that I've passed right? I'll know in a few days.

That wasn't interest, but loss of earnings + interest. Describing it as interest is misleading and wrong.

 

The full amount being £1,009.91

 

Letters attached basically said that they are withdrawing their application and that I don't need to attend court. Also that the reason the made the application is that they did not know I was granted judgement in default over the 1st defendant. They also want confirmation that I've received the cheque.

Don't sign any letters or send them a confirmation yet. We'll draft a confirmation shortly.

 

When was judgment granted?

[needadvice1]

There isnt a loss of earnings though, it's the interest due on earnings which have been delayed by 6 months. Isnt it?

 

I don't think a judgement has been granted as yet, all I have is acheque from HSBC and the solicitors saying they are withdrawing their application etc.

[legalpickle]

There isnt a loss of earnings though, it's the interest due on earnings which have been delayed by 6 months. Isnt it?

Nope. You never earned that money for 6 months!

 

I don't think a judgement has been granted as yet, all I have is acheque from HSBC and the solicitors saying they are withdrawing their application etc.

Judgment was granted! The Judgment in Default stated that! The Application hasn't been granted, so the Judgment stands!!!!! Duh!

[needadvice1]

right ok, so i've won then? lol. i'll just bank the cheque for now. i am not bothered about letting them know i've received the chque, they'll know when the cheque is cashed.

 

OH, can I call up LITR and see if they are still running courses? I am very curious?

[MARTIN3030]

Thread title added to in recognition.

Well done.

[legalpickle]

right ok, so i've won then? lol. i'll just bank the cheque for now. i am not bothered about letting them know i've received the chque, they'll know when the cheque is cashed.

 

OH, can I call up LITR and see if they are still running courses? I am very curious?

1. I asked when Judgment was granted! Please answer!

2. I never said don't let them know point blank, I said we'll draft a letter, and yes, you do have to!

 

3. Preferably not.

[frettful38]

Well done LP!!!! and needadvice1!

 

Just goes to prove even further that LP's advice is out of this world:D.

 

CONGRATULATIONS TO BOTH OF YOU!!!!!!!!!!!!!!!!!!!!!!!!!

[needadvice1]

THANKS FOR THE CONGRATS! I AM OVER THE MOON!

 

1. JID was granted on 16th November

2. Hopefully not in a hurry though, and hopefully not by SD?

3. Can I ask why?

Edited January 13, 2010 by needadvice1

[needadvice1]

LP, where do I go from here then?

[needadvice1]

OK, be prepared for a SHOCK.

 

As if HSBC could not be any more incompetent, they've managed it!

 

I received a cheque today titled "ADVICE OF MISSING CHEQUE".

 

The main body of this ridiculous letter reads...

 

"The cheque was not received at the drawer's bank. Without sight of the cheque, they are unable to make payment. We have therefore debited your account with the value of the cheque and advise you contact the drawer for an alternative payment. We apologise for any inconvenience this may cause."

 

What?????? HSBC want me to chase HSBC for their own cheque????

 

And oh yeh, they've included a photocopy of the cheque!

 

I called them up and the best they can do at the moment is have my relationship manager call me up tomorrow.

Edited January 20, 2010 by needadvice1

[legalpickle]

LP, where do I go from here then?

Well I was going to tell you to write a short firm letter telling the Solicitors what lies they're telling, that you had already told HSBC that Judgment was granted against LITR and that LITR is going bump... but then I saw your next message...

 

OK, be prepared for a SHOCK.

 

As if HSBC could not be any more incompetent, they've managed it!

 

I received a cheque today titled "ADVICE OF MISSING CHEQUE".

 

The main body of this ridiculous letter reads...

 

"The cheque was not received at the drawer's bank. Without sight of the cheque, they are unable to make payment. We have therefore debited your account with the value of the cheque and advise you contact the drawer for an alternative payment. We apologise for any inconvenience this may cause."

 

What?????? HSBC want me to chase HSBC for their own cheque????

 

And oh yeh, they've included a photocopy of the cheque!

 

I called them up and the best they can do at the moment is have my relationship manager call me up tomorrow.

When and if your relationship manager calls you up, tell him what a nincampoop he is, and that you're sending your complaint to the Head Office in writing, and expect all responses in writing - you don't want to speak to such incompetent nincampoops on the phone when you can't record calls.

 

Draft a letter - with the main address for HSBC (as was in the Claim Form) - advising them what's happened, demanding compensation, giving them 8 weeks to re-credit your account with the full sum + contractual interest from 3 working days after the date of deposit till the date of credit, or you will take it to the Financial Ombudsman Service which will result in them incurring the case fee of £500 irrespective of any award made in your favour.

 

Post a draft letter up here = minus confidential details - and I'll proof it.

 

The reason I say this is because you can't claim compensation for such matters through court and your actual loss - when the money is credited, which it will be - is minimal. The FOS however will be likely to award some compensation to you.

 

Date the letter for Friday. If you post it up here tonight or tomorrow morning, I'll then be able to deal with it by tomorrow afternoon - all being well - and you can send it Friday. Copy the copy of the cheque (keep the copy they sent you) and the letter (keep the original) and send those copies with the letter.

[needadvice1]

Thanks for the sswift reply LP, please see draft letter attached.

 

A quick question, do banks often have cheques go "missing" like this?

Letter to HSBC after cheque lost edit.doc

[legalpickle]

Thanks for the sswift reply LP, please see draft letter attached.

 

A quick question, do banks often have cheques go "missing" like this?

It varies from bank to bank. Though I've never seen a cheque from a bank themselves go missing when being paid into the same bank! That is a new level of incompetence - even for me to see!

 

I've attached my proposed letter for you. Please attach;

- A copy of the letter from DG Solicitors attaching a copy of the cheque (if it wasn't from DG Solicitors then change the paragraph in the letter saying this, as relevant)

- A copy of the Notice of Judgment

- A copy of the letter advising of the missing cheque

- A copy of the copy of the cheque that was attached to the letter advising of the missing cheque

 

Send it SPECIAL DELIVERY tomorrow.

 

(Yeah I know it's another fiver, but I recommend it as being worth it. Besides for the fact that it is unlikely that besides for submitting a complaint to the FOS that you will need to send any more specials on this section of matters [loss of earnings a whole different matter which we're not dealing with yet].)

HSBC-LostChequeLetter-22012010.doc

[needadvice1]

I'm liking that letter, thanks LP.

 

I happened to take a photocopy of the actual cheque that I paid in, shall I attach a copy along with the DG's letter?

 

Also FYI, I've not had any notice from Watford County Court relating that HSBC has dropped their application. I think I'm going to call the court tomorrow to see what is going on.