how to take legal action against hsbc?

[noddy997]

Went to the court again...

 

As I say it depends who you speak to...

 

The chap I spoke today asked his manager, the manager said to him "we get this issue alot where people claim £5000 and are told to fill the N150, when it should be the N149 as £5000 is amount "claimed" not £5100". So he printed me an N149 off.

 

He also said pay the fee for the N149 of £40, incase the Ex160 is rejected and this may mean case struck out or you would be asked to pay the correct fee depending on the Judge's decision.

 

He said you have upto 6months to reclaim the fees back anyway!

 

Good news!

[Durkin]

The EX160 can't be rejected for JSA.

 

You should keep hold of £40.

 

Reclaiming is an unnecessary ball ache

 

It does depend on who you talk to.

[noddy997]

The EX160 can't be rejected for JSA.

 

You should keep hold of £40.

 

Reclaiming is an unnecessary ball ache

 

It does depend on who you talk to.

 

Yeah but I rather not risk it being struck out or if am lucky the court contacting me again asking for the correct fee. They said if you want you can hand in the ex160 with the aq and usually we go through the aq within a few days and contact you. But knowing Notts CC they take a bit longer and the admin system there isn't great as proven by the amended particulars which took the mick to be put onto the system hence Judge gave 6 week extension lol.

[Old Cogger]

Just shows that the system is a money racket not true justice/?

[noddy997]

When I wrote to DG last week I told them that I advise them to strongly reconsider the counter offer of £4500 and asked them to reply by Wednesday 14th Nov as the deadline for the aq is 19th Nov.

 

Is giving time limits to respond by good?

[supasta1]

Yes time limits are always good....

[noddy997]

Yes time limits are always good....

 

Cheers mate.

 

Because the previous letter I wrote on the 2nd Oct was given a reply at the end of Oct - absolutely tedius!!

[noddy997]

As expected no reply from DG! So I shall hand in the aq tommorow!

[Old Cogger]

DG intiials = LM (Last Minute) be aware just in case.

[noddy997]

DG intiials = LM (Last Minute) be aware just in case.

 

You mean they might accept or re offer at last minute?

 

Lol, they wouldnt be like this if I was using solicitors as well, they only try to bully people who are not on same wavelength as them.

[Old Cogger]

DG are the people who talk to you one minute and when you think that an agreement for whatever is almost in place they strike thru courts route, also they may ague right to the last minute then decide at the very last second to withdraw, by the way DG are not solicitors in the correct sense. that is why so many of their so called cases get farmed out to Wescot etc.

Edited November 15, 2012 by Old Cogger

[noddy997]

No they are not, I searched their address on Google maps on street view and the building has "HSBC" outside LOL! I thought they would have had their own building/office etc.

 

On topic: I went to court today to hand in aq, the lady at the desk said let me check the correct fee so it aint rejected, she said it says it needs to be £220, I explained I came in last week and told her the chap I spoke to spoke to his manager and manager said it needs to be N149, this lady spoke to another chap but not the manager for the department (as manager was on lunch!) and this chap said its £220.

 

I am going to go in tommorow again hoping its the chap I spoke to last week and take in the N1CPC again to shove it in their face. Dont know why he didnt put it on the system it needs to be £40 and not £220. Its an absolute joke!

[noddy997]

Sorted!

 

Went to court today, and the lady at the counter received an email about my case and said it needs to be N149 and £40 fee!

 

She also in regards the Ex160 (Fee exemption) you need to complete a form each time there is a fee needs to be paid. I paid the fee this time and the £100 original fee. So I will be getting a refund for them 2!

 

In regards the aq, she said I dont need to send the defendant a copy of it as it will go directly to the Judge now, but I thought a copy needs to be sent to the Defendant as it was practice to do so? Can anyone clarify this please?

[Durkin]

Hi Noddy,

 

E-mail seems to have worked a treat.

 

When I was on JSA, I didn't bother paying (I couldn't anyway) and just filled a form in each time.

 

If you can be bothered claiming, you should get the money back but it seems you'll soon be getting paid anyway once the judge is involved properly. The date must be close now?

 

Cheers,

 

Richard.

[noddy997]

I am not sure about the date. As I am to file my side of things yet which I dont know when.

 

Do you know anything about the aq if am to submit a copy to the defendant as well Durking?

 

I remember in August, initially HSBC did send me a copy of their aq!

[citizenB]

It is a courtesy to send a copy of the AQ to the opposition.. mostly as claimants the banks dont do this... it isnt mandatory though

[Mike_hawk]

I believe its a requirement to serve if it refers to other information, PD26 should apply 2a is a little unlikely so the pertinent section would be 2b

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part26#IDATED2

 

2.2

Provision of Extra Information

 

(1) This paragraph sets out what a party should do when he files his allocation questionnaire if he wishes to give the court information about matters which he believes may affect its decision about allocation or case management.

 

(2) The general rule is that the court will not take such information into account unless the document containing it either:

(a) confirms that all parties have agreed that the information is correct and that it should be put before the court, or

 

(b) confirms that the party who has sent the document to the court has delivered a copy to all the other parties.

 

 

(3) The following are examples of information which will be likely to help the court:

(a) a party’s intention to apply for summary judgment or some other order that may dispose of the case or reduce the amount in dispute or the number of issues remaining to be decided,

 

(b) a party’s intention to issue a Part 20 claim or to add another party,

 

© the steps the parties have taken in the preparation of evidence (in particular expert evidence), the steps they intend to take and whether those steps are to be taken in co-operation with any other party,

 

(d) the directions the party believes will be appropriate to be given for the management of the case,

 

(e) about any particular facts that may affect the timetable the court will set,

 

(f) any facts which may make it desirable for the court to fix an allocation hearing or a hearing at which case management directions will be given.

[citizenB]

Thanks for that information Mike

[noddy997]

Mike I find that confusing even on Justice website!! :s

 

Hmm was I to supply information with the aq?!

 

I mean, I have mentioned in the aq that "I have clear evidence that the default was put on in error, and the defendant has admitted this, including credit records and so on".

 

From reading on Justice website what "I understand" is that 'usually, claimants aren't given the opportunity to put forward their side' - am I right in saying this or is my mind going nuts again ? (Possibly due to another Friday night again!!)

[Mike_hawk]

Hi Noddy

 

It just follows logic, if you intend to provide the court with additional information in order to either expand on your particulars or narrow the issues within a perhaps verbose statement it falls to the party filing the aq to either agree the details of same with the other side or serve a copy upon it.

 

Yours is sct/N149 so I assume you entered further info in section G? It's usually the reverse of your understanding, the fee payer [usually the claimant] has far greater control of directing proceedings.

 

If it were me I'd post a copy of the aq to DG with a short cover note..... doesnt need to say much at all really

 

Dear ........

By way of service please find attached

Regards

................

[noddy997]

Hi Noddy

 

It just follows logic, if you intend to provide the court with additional information in order to either expand on your particulars or narrow the issues within a perhaps verbose statement it falls to the party filing the aq to either agree the details of same with the other side or serve a copy upon it.

 

I dont get the bolden bit. Do you mean defendants would have to agree what I said in "G section" or would they have to agree to allow me to submit more info?

 

Oh yeah I will send DG a copy on Monday now not a probs!

 

Yes I entered the above info into "G section" - that was all I practically said though...

[Mike_hawk]

Hi Noddy

 

It means you can either agree the content before filing or serve/send a copy to the other side affording it the opportunity to respond or act. Its really just a means to prevent either side being ambushed with new evidence or disclosures. There's no requirement to agree, after all....you filed a claim because you disagree.

 

There are of course some very complex cases where fee earners know they'll never recover the full costs of the case so they will agree key points to be decided in order to minimise their exposure.

[Durkin]

I am not sure about the date. As I am to file my side of things yet which I dont know when.

 

Do you know anything about the aq if am to submit a copy to the defendant as well Durking?

 

 

Hi Noddy,

 

I had understood that you had already submitted your "AQ" as the deadline is Monday? Because the deadline is Monday, I'm guessing there's no point in sending a copy to the defenders.

 

I assume it doesn't tell them anything that they didn't know already (although they might not tell the judge that!). Hopefully, you'll get a date soon before the judge. It's unbelievable how long it's been already.

 

Cheers,

 

Richard.

[noddy997]

Hi Noddy

 

It means you can either agree the content before filing or serve/send a copy to the other side affording it the opportunity to respond or act. Its really just a means to prevent either side being ambushed with new evidence or disclosures. There's no requirement to agree, after all....you filed a claim because you disagree.

 

There are of course some very complex cases where fee earners know they'll never recover the full costs of the case so they will agree key points to be decided in order to minimise their exposure.

 

But what forms/procedure do I use to submit my side. And where do I agree/disagree? Within the N149 AQ itself??

 

@ Durkin yes the deadline is Monday 19th November 2012 for the aq to be handed into court it doesnt mean I have to give a copy to the defendants as well? Lol, if I send it Monday they will get it Tuesday...

 

Yeah its taken long because of the particulars I ammended. The original aq's deadline was 31st August 2012. The amended particulars where received in mid September. Time does go quickly.

 

Isn;t there another loophole to jump through before the hearing?

 

I was hoping to submit my side before the hearing so the Judge has a better insight before the day of hearing and that I wont have to explain it bit by bit.

 

Is there like a small claims track layout plan of stages involved somewhere?

[Mike_hawk]

Hi Noddy

 

Not sure you're grasping it....... all you need to do is serve a copy of the aq on the other side. You, having provided the court with additional information are under an obligation to provide the other side with a copy.

 

Any point or contention it disagrees with can be argued at trial