boXXer vs HSBC ** WON **

[livelylad]

let's don't get too far ahead of ourselves here - just to keep it in perspective, next you will get from the court 3 things (probably in a day or two if they just defended) 1) change of court to your local court, 2) a copy of their defense - which will read like every other one we've seen and 3) your a.q. on the a.q. will be a deadline to file it - at the new court in charge of your case - it will be their deadline too to file their a.q.

this is what i don't want you to misinterpret - the deadline is for filing the a.q. and according to what is filed - the court will look at it and decide which track (usually small claims) it need to go down. after the a.q. is filed - a court date would be set and it would be well into jan. or even feb. or longer if the a.q. is just going in in dec. that is good! because all this time it isn't actually going to court is time you and dg have to settle.

i just don't want anyone thinking "oh, no, a.q.= going to court - get out the suit. we aren't there and hopefully won't get there! get it?

my view on the a.q. is it should not be filed until just before the deadline - and the time between should be used to get in touch with dg and press for settlement - by stating that your a.q. is due to go in shortly -you know they wouldn't want to incur even more charges, blah,blah, whatever - look for a reason to get in touch - like did they receive your breakdown of charges? apparently, according to babs on her thread today, debbie d. is out of the office for a couple of days - so wait til your court stuff comes through and find out your a.q. deadline then give them a call, email, fax or write or all of the above. anybody disagree?

 

I am not going to get drawn into an argument over this. I stated that he needs to be prepared for all eventualities.

[Kopella]

:o they are so gonna do this to me too now, oh poo

[Kopella]

not that it's a bad thing, I just was expecting to have a cheque before xmas , will still be glad to make them work hard though hehe, good luck to you too mike, go get them x

[lateralus]

and i agree totally - be prepared. i only felt there was room for some confusion when people (and there are several in nearly the same place) start talking about aq deadline dates with the fact that after the aq is sent, a court date will be set. just trying to give a clear overall picture of what is ahead and saying just because it has gone to the defense stage - doesn't mean it won't get settled shortly. if i've muddied the waters with my ramblings, i apologise. i was trying to calm some nerves. emma, i mean you. they are not so going to do this to you. sorry if i've butted in ll.

[Kopella]

It's ok, you didn't worry me, i'm worrying myself silly anyway, you've been a big help & i'm just being a stereotypical woman & worrying lots . I'll stop sabotaging your post now mike & move back to my own

[livelylad]

Ok to clarify things.

1. Claim issed to court (served after 5 days)
   
2. Claim acknowledged. ( 14 days max)
   
3. Defence entered. (14 days after acknowledge date total 28 days.)
   
4. Claim transfered if using MCOL, AQ sent and defence sent.
   
5. AQ returned with schedule of charges. (solicitor copy of schedule as well)
   
6. Court to decide the track and court date.
   
7. Court bundle in 14 days before court date.

This is a brief discription, there are other possibilities (stays, standard disclosure and management hearing etc)

 

It is always best to be prepared for every possibility.

[Clare1981]

Good luck!! xx

[boXXer]

thankyou very much. x

[boXXer]

RIGHT! got my AQ today, but attached to it was a brief letter saying i have to pay an extra £100 to my local court. Is this right? if so, how do i claim it back?

 

Thanks

Mike

 

p.s: is there anything else i need to be doing/knowing?

[babsp2000]

Yeah thats right but hold on, don't file it yet...wait and see. Have you snet your breakdown and called to see if its there? I would...I got my refund in full offered today...didn't send AQ

[un1boy]

RIGHT! got my AQ today, but attached to it was a brief letter saying i have to pay an extra £100 to my local court. Is this right? if so, how do i claim it back?

 

Thanks

Mike

 

p.s: is there anything else i need to be doing/knowing?

 

Yeah, it will be right -the court will automatically add it to the balance of your claim against the defendant.

 

Wait though.

[boXXer]

ah ok i see. I sent off my list of charges first class yesterday, so they should have got them today. What do you reccomend i do then? it says i have 14 days to send this form off. Thanks. (getting nervous now!!, lol)

[boXXer]

forgot to say i sent it recorded to DG's.

[un1boy]

I would wait until about 3 days before then end of the 14 dyas if you are struggling to get the money.

 

Or, you can jsut pay it and hand it in so it's done - the £100 will automatically be added to your claim amount.

 

If you sent it recorded you should be able to see if they received it or not then, eh?

[boXXer]

i was just getting confused about what babsp2000 was saying. So, do i send off the AQ and money now, or wait till about 3 days before and then send it all off then? how will it get resolved quicker?

 

Cheers

[boXXer]

oh, and i checked royal mail but it didnt say today, so might come up tomorrow.

[un1boy]

i was just getting confused about what babsp2000 was saying. So, do i send off the AQ and money now, or wait till about 3 days before and then send it all off then? how will it get resolved quicker?

 

Cheers

 

That's entirely up to you - personally, I would do it all now (I'm organised). Babs was saying wait so that you may not have to pay the AQ because they may offer before the AQ deadline.

[lateralus]

and lateralus (that's me) says the same. i personally think sending the aq in before it is due just makes no sense. you've sent your breakdown to dg yesterday. sooooo, tomorrow - (or monday) you call dg "just to make sure your breakdown has gotten to them". while you have them on the phone - you ask about the progress of your claim, stating that you will be sending in you aq shortly if, as up to now, you have heard nothing from them. i'm betting the reply will be, you will be hearing from our office with a couple of days and you courteously reply, that's fine, as long as you understand that i will need to have this resolved shortly or i will be filing my aq. got all that??????? it's working - ask babs and others.

what date is your aq deadline, is it local for you - the court?

you are certainly free to do it the other way - file aq now and get the money back from dg though your claim - but why not try this way first.

let us know (i'd make it tomorrow if your schedule allows).

[boXXer]

hiya, thanks for your reply. the last date for filing is 30th December. So 15 days from tomorrow, and i assume DG would have recieved my schedule of charges by now, so i will call them and ask whether they have recieved them or not. Sound good to you?

 

the court isnt far from me at all i dont think.

[skinch77]

Hi boXXer,

 

Definitely recommend giving DG a call tomorrow... I am in very same position as you, well sort of. I received my AQ today but had already been asked for breakdown of charges and sent them to DG on Tuesday by fax and a copy by Royal Mail special delivery. Today I rang DG just to make sure they had got the breakdown (knowing they had) and the very nice lady said yes we have and there is an offer letter on its way to me so I should be getting that tomorrow. My guess is when you ring tomorrow you will be told the same. GOOD LUCK mate.

 

Martin.

[boXXer]

lol, ive just had an email to your thread, he he! i noticed that you got you AQ today aswell. Will give them a call tomorrow. What did you say to them exactly?

 

Good luck to you to!

Cheers!

[skinch77]

Hi,

 

I called the lady who had asked for my breakdown of charges,her name was on the letter, a Miss R Tomlinson... just asked if she had got my breakdown of charges and then she did most of the talking saying yes and we have sent a letter to you . I asked what the letter was and was told it was an offer although she did not say how much for ...one thing that did concern me was when I asked how long it would take for the money to get to my account (just in case the offer was for full amount and I accepted by Fax)...I was told it would take 7 days....I was hoping it could be done quicker.....do not worry about phoning DG they are ok really..if you need the number let me know...oh and they have always rang me back if I have had to leave a message, even calling my mobile...

 

 

Thanks

 

Martin.

[boXXer]

It's ok, you didn't worry me, i'm worrying myself silly anyway, you've been a big help & i'm just being a stereotypical woman & worrying lots . I'll stop sabotaging your post now mike & move back to my own

 

LOL @ sabotaging! only just seen this. Dont worry about it, we all need help at this!

[boXXer]

Hi,

 

I called the lady who had asked for my breakdown of charges,her name was on the letter, a Miss R Tomlinson... just asked if she had got my breakdown of charges and then she did most of the talking saying yes and we have sent a letter to you . I asked what the letter was and was told it was an offer although she did not say how much for ...one thing that did concern me was when I asked how long it would take for the money to get to my account (just in case the offer was for full amount and I accepted by Fax)...I was told it would take 7 days....I was hoping it could be done quicker.....do not worry about phoning DG they are ok really..if you need the number let me know...oh and they have always rang me back if I have had to leave a message, even calling my mobile...

 

 

Thanks

 

Martin.

 

Hello mate. Thanks for your pm and reply to this thread. Im gunna phone them up in a bit and see what they say. NERVOUS.com

[skinch77]

No problem...don't worry... not long to go now....