Scampjet V HSBC

[jumpjet]

I'm certainly trying my best!!!

 

Its all thanks to this site and the advice on it though!

[nettyg]

have you ever been even 10 minutes late with the money in the managed acct. i'm really not sure about this - but i think if you ever were - it gives them some sort of legal - we can take out money attitude, whether it really is legal or not - who knows - but i think that was the basis of what i read on a thread several months ago and why i always tell people if this situation to get it out of there - so, i'm really glad you did.

keep after the rest - and try to get it in a cheque.

keep one step ahead, as you already are!

 

Lateralus... isn't it amazing that we're all so worried about the LEGAL thing when quite clearly the bank hasn't been!!!

 

When we've all rightfully claimed our monies back.. i reckon we should have the biggest party ever lol

 

Netty xx:-)

[jumpjet]

HSBC have responded to my SAR by saying that bank statments are the only records they hold on my account and will be dispatching them in Batches. Shouldn't they be supplying me with more than this I.E. Loan agreements etc.?

[jumpjet]

Just opened a letter from the court................HSBC defence and allocation questionaire enclosed.

 

HELP!!

[jumpjet]

Hi all,

 

Now I have my AQ and printed the info on how to fill it in..........A Few questions!

 

do I need to send any other info back to the court?

 

At what stage is it necessary to get evidence etc together?

 

As the bank has re-embursed part of my claim do I still claim the full amount when filling in the AQ or just the remaining sum? The remaining is less than £1500 so do I still have to find the £100 fee?

 

When we telephoned the court to tell them we had recieved part payment and asked them to add a note to our file, they just said that the solicitors should let the court know and that we didn't have to do anything.

[Michael Browne]

 

do I need to send any other info back to the court?

 

 

In Section G you can request a directions order See here:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

At what stage is it necessary to get evidence etc together

Not till you have an actual hearing date.

As the bank has re-embursed part of my claim do I still claim the full amount when filling in the AQ or just the remaining sum? The remaining is less than £1500 so do I still have to find the £100 fee?

Good question and I don't know the answer. Hopefully someone else will, if not ring the court again. I suspect that they will say the allocation fee will be based on the original claim

[jumpjet]

In section D N150.........amount of claim......Do I include the full amount of claim or the remainder of the claim thats owed?

 

Also should I send a copy of the whole thing ( directions/charge schedule etc.,) to DG as well?

[jumpjet]

Hi all,

 

I have returned the AQ to court and attached a note saying the bank had paid some of the claim and I wish to proceed for the remaining. also sent complete copies to DG solicitors. And as it is now under £1500 I did not have to pay the Fee.( just as well, skint after Xmas).

 

I have been looking at the defence that HSBC have filed and now feeling that I am starting to drown in the legal stuff!

 

I assume that my evidence for court should be able to discount what the defence say so that the judge has to rule in my favour, but what is the best way to go about this. They have raised 5 points as a defence and I don't know in preparing my case if I should answer these one by one, to try to present a more convincing argument or whether there is a better layed down procedure. Would it be OK to post the points of the defence for the forum to read and possibly advise as to the best approach to use?

 

I feel that I must prepair for a court case as best I can and as soon as I can especially as I will be away all next week and won't be able to do anything towards it. I would also like to find out if this is a standard defence they use or have they singled me out for something?

 

I would like to that all who have advised me so far. I could not have got here without your help. When my wife filed the AQ the clark looked at it and asked which solicitor we had used to produce such a well constructed document, She was very surprised that we had done it ourselves. I'm not quite sure if it was because I filled out and printed the PDF version from this site or becuase I included the directions as in the new stratagy post but she was very impressed and it is this site that deserves the 'pat on the back!'

[jumpjet]

Hello,

 

Any advice please!

[Guest bong]

scampjet post up the defence and I'll do my best to help

[jumpjet]

Thank you Bong!

 

1 The Claimant’s account is governed by the Defendants personal and/or business banking terms and conditions.

 

2 Pursuant to the Defendant’s terms and conditions the Defendant is entitled to make a charge for it’s services as set out in the Defendant’s price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

 

 

3 The defendant denies that the charges applied to the Claimants account amount to penalties at common law and /or unfair contract terms for the purposes of the Unfair Terms in Costumer Contracts Regulations 1999 (UTCCRs).

 

4 The charges applied to the Claimant’s account are reasonable and are properly and fully disclosed in the Defendant’s terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

 

 

5 Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Statement of truth

 

The defendant believes the matters set out in this Defence to be true. I am duly authorised by the defendant to sign this defence on its behalf.

[Guest bong]

hi scampjet. that is the same defence as I had, word for word. you'll be ok - no need to reply to it. you've done the AQ and now you just need to wait to hear from DG with an offer and/or the court with a hearing date. the court will then tell you when the bundle has to be delivered by.

[Guest bong]

out of interest is any part of your claim over 6 years old?

[jumpjet]

Thanks again Bong,

 

I only wondered because it does'nt seem to me like they've put a lot of effort into it! Hope that means they will pay no problem!

[Guest bong]

they didn't put a lot of effort into it thats why:D I've made an application to have their defence struck out because its so useless. they don't even know if its a personal or business account! you don't have to do this though. I wondered if your claim was for more than 6 years because they've put in the bit at clause 5 about relief, by which they are referring to relief from the Limitation Act.

[jumpjet]

No its only from 2001. I took it to be referring to relief from charges. Incidentally, they have already paid £2000 which I have as a copy of online statement that states "refund of charges". I was hoping that this means they may have shot themselves in the foot!

[Guest bong]

there are plenty of reasons for picking apart this defence. they haven't even looked at your claim - its their standard response and half of it doesn't apply. they don't even acknowledge that they've already refunded you part of the money. if you wanted to use it as an excuse for getting it struck out you could but if you wanted a hassle free settlement which is bound to turn up soonish, then just file it and wait for the next part of the game to begin.

[jumpjet]

Hi all,

 

does anyone have an email address for Rachel Tomlinson at DG solicitors please?

[jumpjet]

Hi all,

 

I hope they're as good as their word and I don't want to speak too soon but DG have offered to pay the rest of my claim........including the interest making a total settlement.

 

They wrote to ask us to settle for the original £2000 and did'nt even seem to know that the case had passed the AQ stage or that they had a copy of the AQ sitting in the office. They wanted to know why we would no longer settle for the £2000. Sent them copies of letters to show that HSBC had not stuck to the timscales I'd given them and they sent a settlement form for the remaining £1,415. We have sent the form back and added that we would not inform the court until funds have been recieved. They would have had the reply by Thursday but have heared nothing yet. How long do they usually take?

 

I have asked them for a cheque payment as my HSBC account is now closed but hey! even if they pay it off the managed loan its big victory for me ...........and all thanks to CAG.

[lateralus]

super job, this has been an outstanding weekend of successes for hsbc claimants. well done. you can pm blueskies to move your thread to the success threads.

don't be so skeptical - they've offered you the lot - you win. just sign the acceptance - return it and watch for the money. i've not heard of anybody not getting the money after accepting an offer - it may take a week - 10 days - but you'll get it, make sure it's for everything - including the court fees (original and the aq - you filed, yes?), anyway - just be sure you get it all. ring them if you've heard nothing by thurs. here's a little more info:: When You Get Your Refund

 

very, very good news. congratulations.

[jumpjet]

Hi All,

 

I have recieved this today and need some advice on what I need to do.

 

From Cardiff County court ( I had a letter earlier this week to say my case was being transffered)

 

 

"IT IS ORDERED THAT:

 

1 DIRECTIONS WILL BE GIVEN IN THIS CASE BY THE DESIGNATED CIVIL JUDGE, HIS HONOUR XXXXX AND DATE.

 

2 THE PARTIES MAY APPEAR IN PERSON OR MAKE WRITTEN REPRESENTATIONS AS TO HOW THE CASE SHOULD PROCEED PROVIDED A COPY OF THE REPRESENTATIONS IS SENT TO THE COURT AND THE OTHER SIDE AT LEAST 7 DAYS PRIOR TO THE HEARING."

 

 

I have been in touch with DG solicitors re: settlement cheque and they say HSBC have to credit my account in order to debit it with a cheque. I no longer have a current account with them as it was closed as part of the original agreement. they say that they envisage us recieving a cheque within 7-10 days but I now only have the managed loan account with them and do not want the money to be paid into this where it will be swallowed ( if possible) Could I suggest that they make the payment into my other bank account by transfer? What should I do about the court order. I have told DG that I would not stop proceedings untill money has been recieved.

[lateralus]

i'd write to the court (or ring but they will probably tell you to put it in writing), tell them you have accepted an offer and are awaiting payment,

tell them also that you will let them know when the payment has been received and do so.

i don't see why dg would drag their heels on this - you asked for a cheque - you should see your check in 7-10 days and you put it where you want it. ring them again - just to be sure there are no sticking points - and reiterate you will need it in cheque form (making sure you get everything) then you can let the court know they have complied with their offer and your acceptance.

[jumpjet]

Thanks Laterus,

 

It's nice to know that when ever panic strikes there's some level headed soul to point me in the right direction! ( should have thought of that myself really).

 

I will send letter first thing. DG's Racheal Thomlinson seems to have you to leave a message and then phone back the next day, so I've left the wife with instructions!;-) Thanks again!