maria100 v HSBC

[maria100]

Hope your right naz, I just want any kind of acknowledgement!! MCOL not even acknowledged yet, I'm hangin in there.

Hows things, you have any more claims under way???

[Kazzy77]

ive got my reply from the court maria to say they are defending if full. we filed the same day so Im sure you will hear something by the weekend. good luck!

 

Im not going to get cocky just yet in this race as I have never requested a cheque even though thats what i want so u could still steam ahead lol.

 

xx

[maria100]

I'm acknowledged at last!!!!!! Just sit back and wait then I guess. I'm sure at the rate I've been going I won't steam ahead kazzy - I'll probably be the one at the bottom of the pile!!

[maria100]

Recd notice from the court today of the claim being acknowledged and DG sols intend to defend in full (their usual tactic of buying extra time).

[maria100]

Does anyone have a fax number for DG sols cause I want to fax my schedule of charges, getting fed up waiting and I know this will be their next request! Thanks in advance.

[gbzstro]

Maria - I am on the same time scale as yourself - give of take a day or two. Persoanlly I am NOT going to contact them and hopefully let them default by not entering a defence - I do note that the DG person dealing with this is on Hoilday this week... I am only 4 and 6 days away from wining by default - but i am prepaired for them to enter a defence and extend the process even further.

[gbzstro]

Oh the fax number for DG is

 

0121 4552150 - it is on your notice of ACK that the court should have sent you...

[maria100]

Thank you, I am unsure what to do really, could do with the money and would be nice not to have to pay the extra fee with the allocation q but at the same time the interest is going up each day (not by much I might add). Also I'm unsure of how long they have left to respond - I know they are given 5 days from the claim being issued for it to be deemed served but they acknowledged before then, so is it 28 days from when they acknowledged??? or when the courts would have deemed it served which would be 29/9/06???

[maria100]

Just thought it through and its actually 14 days from service until they enter a defence isn't it - Ignore me I'm getting confused through stress!!

 

.................No its not, its 28 days as they've acknowledged (losing the plot completely now)

[naz-t]

nearly there ! think of that lovely new laptop!!

[Kazzy77]

you are just trying to win the race, arent you??

 

I got the letter from dg asking for breakdown last thursday but didnt send the letter til today. I only put the spreadsheet in...should i have put the photocopies of statements in too?

 

xxx

[maria100]

Hi Kazzy, I have sent my schedule of charges by email to Debbie D today and had the usual "I am out of the office until 16/10" but I had to do something - need the money really and just plain impatient. She won't get it til Mon but at least they have it now..........

 

...........have to play the waiting game again!

 

I wouldn't worry about sending DG your statements too, I just sent the spreadsheet, I think thats all they need.

[Kazzy77]

Oh good. would have cost a fortune to post the rest to follow! lol.

 

good luck. lets hope she deals with both our papers on Monday. (though i aint holding my breath lol)

 

i guess first will be the offers... then we agree...then await cheque. sigh...

[maria100]

Right, this morning I have received their defence and the AQ with my case being transferred to Bristol County Court. Now getting nervous, I've heard nothing from DG and expect to have to battle for a chq so times running out and feel like I need to start preparing for court just incase!!

 

Any advice would be v welcome at this stage.

[HSBCrusher]

They do seem to be running real slow at the moment, must be the wight of all the work, and perhaps they are hoping that quite a few will give up at this stage.

there is a guide in the library for filling in the AQ.

Hang on in there.... you will be OK.

[winnie123]

Hi Maria

 

Flipping heck some one does hear something at last. HSBC acknowledged my claim on the 6/10/06 and they haven't even entered in to a defence. Talk about drag feet or what. Maria from reading all the threads on here for the lat few months I wouldn't worry you will be fine they will pay out in the end. Looks like I should start saving my pennies for the defence which will be entered maybe this is because we have both asked for a cheque.

[maria100]

Hi winnie,

I must say I'm a bit worried its got to this stage but if I end up in court so be it! Their 28 days was going to be up Thurs so they've obviously enetered defence now to buy yet further time, not sure wether to chase DG or just keep waiting.........may give it a few more days then chase and advise my AQ will go in if they don't want to settle out of court.

Hope you hear something soon too.

[maria100]

Thanks Crusher, I'm hanging on in there by a thread, will look at the info for completing the AQ ready for when I need to send mine off!

Fingers crossed DG will get a move on now eh?! Maybe not........this is DG were dealing with!

[plonker]

With all this going if you fill in the AQ can they still settle out of court after you have filled in the AQ and sent it off??

 

Is there a poin tof no return where it can't get settled out of court ??

 

I'm a few days behind you lot so I 'm getting slightly worried ..............

[maria100]

They can settle at any point up until the court date - this is why the courts were trying to push a test case through at Mercantile Court but the banks always settle before, wether that be way before a hearing date is set or just before at the 11th hour!

 

Therefore filling in the AQ doesn't mean you've gone passed the point of no return, they just like to make you squirm thinking that you could actually be the test case and all the while this gives them extra time.

 

Didn't want to worry you, I just got an attack of nerves but fine now!

[plonker]

Not overly worried mines only for middle of the road 3 figure sum. Not alot compared to others on here

[maria100]

Right then, having had a chance to read through this little lot i've recd, all seems quite straight forward really, I have until 11/11/06 to return the AQ and their defence is short and sweet. Just for anyone following my progress heres their defence in its entirety.................

 

1. The claimants account is governed by the defendants personal banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

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

 

Surely the last line is incorrect, should it not be "The fees are an agreed price for a service provided by the defendant"

 

There we have it, gonna wait a week to hopefully hear something from DG and if not will complete and return the AQ!!

 

Wish me luck guys!

[winnie123]

Lots of Luck

 

I did read on someone elses thread that they phoned DG and warned them that they were prepared to go to court but to save HSBC money and extra intrest cost would they be prepared to amount to a offer before the AQ was filed. I understand that DG agreed and gve full offer. Only prob is I can't remember who's thread it was maria sorry. Oh and wish you luck !!

[plonker]

keepin an eye on this thread good luck

[lateralus]

maria, winnie and plonker,

following your progress. take heart that everyone goes through the same process - some at a little varying rates but nonetheless the same route.

don't be in a hurry to file the a.q. maria - 11/11 is miles away. plus it does give you something to talk to dg about to move things along. we did that - you can look at our path in the successful hsbc claims section lateralus-v-hsbc we won.

when the aq loomed - we phoned dg and said basically as above - we are sure you don't want the additional charges...but if we don't hear from you, we will have to file the a.q. honestly, this is the point where you wait - but then maybe you try to push a bit as well. wouldn't hurt to have a fax number available (a friend or whatever) so they could fax an offer letter if it's getting close. keep the faith, you are nearly there.

as for the wording of the defence - i've also been following a guy called neil faulkner on the motley fool website - he comments on the wording of the defence and it's quite funny - right down to the obvious e-mail cut an paste job of the defence - noted by the punctuation markings. check it out if you get a chance. here's the link: My Ongoing Bank Charges Saga - 28/09/2006 - The Motley Fool UK

plonker, doesn't matter what size the claim is - it's yours so get it back!

good luck all three of you - there are a lot of people keeping an eye on what's going on, even when we have successfully got our charges back - just because it feels good to see others achieving their goal.

good thoughts!