sacha911vHSBC ***won***

[Clare1981]

Your being mean now.... sorry Sacha! :o

[sacha911]

Thanks to steve_n, Clare1981, and lateralus for your support and advice i'll keep you posted.

[Clare1981]

Your welcome!!

[sacha911]

They acknowledged the claim on the 13/12/06

so I guess they now have 28 days to defend!

[lateralus]

28 days from the date it was served - that's either on your notice of service papers from the court or the day you filed plus 5 days. so it's acknowledged and they intend to defend. now is the time to send the court 3 copies of your breakdown referencing your claim number and 1 copy to dg - to the address on the place where they ticked to defend - to a name if there is one there - otherwise just to dg. be sure to send a little cover letter - please find my breakdown, claim no. for the following: charges.xxxxx,, interest.xxxxx,+ court costs,xxx = total

then just sit back and wait, read other threads, and read up on the allocation questionaire stuff in case it drags past the 28 days which several are doing now - it's just another waiting period - don't let the big words get you nervous -

we are all here to help.... this is the boring (exciting) bit - depends on your mood!

[sacha911]

Received a letter from Colin Langdale (Senior Service Quality Officer) today. It thanked me for my letter dated 6th November 2006 and apologised "for not yet fully completed my investigation".

He says he will contact me by the 24 January 2007 and expects to be able to provide me with a full response at that time.

Is this a standard letter?

In any case the 28 days run out mid Jan so no good responding after a judgement has been made. But I guess they know that.

There is one thing that bothers me, although I don't use my HSBC accounts any more I still have a loan with them. Is it likely that they will try to use any settlement to pay off some of the loan?

[lateralus]

as long as your loan has been kept up to date - they won't mention it.

this new letter colin is sending out is a hoot. have responded to about six people today with the same stalling letter. just keep to your timetable.

did you send copies of your breakdown - 3 to the court and 1 to dg when you got your acknowledgment - if so,nothing to do but wait, if not - go ahead and send them - referencing your court number.

[sacha911]

I have sent 3 copies of breakdown to court (Northampton) today.

I rang the HMCourts on 0845 6015935 they were very helpful. They explained that the bank have thus far only acknowledged the claim and that no defence has been submitted, therefore they have no details of the solicitors at present.

 

So just counting the days now!!

[sacha911]

I checked with MCOL today and HSBC have entered a last minute defence!

So I guess I'll just have to wait for their defence and the Allocation Questionaire to arrive in the post.

I have printed off a copy of the AQ form149 which doesn't seems to difficult to fill out.

[lateralus]

so, did you ever send a breakdown of charges to dg solicitors - you need to do that now. they won't make an offer until they have them. send them now, referencing your claim number and then in a day or two call to see if they have been received.

let us know what your aq deadline is when it arrives (there is a bit of a backlog apparently - but you should have 2-3 weeks from when they send it). also, there is a new strategy for the aq, look at what bong says about it on this thread: New strategy for Allocation Questionaires

 

yes, bong - been meaning to ask - does it mean just copy out that letter and attach to the n150/N149 along with it, anything else to do with it??

or is it the answer to one of the questions on the aq.

 

and bongs answer:

if its an N149 AQ at G (other information) write

 

I believe that the case will last no longer than one hour.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

If its an N150 AQ, at F tick yes and then no, and at H write the same text as above, but not the line about the case lasting for one hour as this has been answered elsewhere in the questionnaire.

 

You then attach the draft direction, making sure you have added your own case and court name and claim number etc.

_

[sacha911]

I have only sent copies to the court. I have never received any details of their solicitors, it was not on any paper work from MCOL. Do I just assume that DG is acting for HSBC in this case and send them the breakdown?

[lateralus]

did you get an acknowl? it would have been on page 2 where they tick to box "intend to defend in full".

but if you don't have it, send it anyway = today - to :

DG Solicitors

 

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Tel: 0121 455 2111

Fax: 0121 455 2150

 

in fact- fax it if available and then ring over and ask if they got it -

or even : [email protected]

and then check. i think it's time to shake it up a little, mostly to make sure they know you are there - as you've had no word from them - makes a good opening sentence on the phone!

[sacha911]

Got letter from MCOL today with the HSBC defence and solicitor details which are exactly as you said they would be :- Debbie D from DG!

Also received Allocation Q which which gives me to 28th Jan to file at my local court.

I have drafted the following covering letter and intend to fax it tomorrow (followed up by a phone call of course).

 

"I am writing to respectfully request that my claim against HSBC is paid in full, I am aware that you have entered a defence against my claim and it is my intention to enter a full counter defence for which I believe the court will uphold.

 

Furthermore this will add a further £100 to my claim against your company, I am not prepared to acknowledge your defence as having any creditability. I have seen this standard response on the consumer action group website on numerous occasions and feel it is an extremely weak defence that any judge will refuse to entertain, given the OFT’s recent ruling.

 

Moreover it is my intention to request a full disclosure of HSBC’s costs within my Allocation Questionnaire.

 

I have included a full breakdown of banking charges levied to my account which is inclusive of interest charged up to 22nd March 2006, I will also require any additional interest to be added to this claim, which has accrued since the 13th December 2006 and the date of the refund.

 

It is my intention to file my Allocation Questionnaire prior to close of business on the 24th January 2007 if I have not received an offer of a full settlement from your company."

 

Sound OK?

[lateralus]

it sounds ok, we don't generally advise letters to the solicitors at this point in the game - you might want to run it by michael browne or bong or lively lad (you can find them by clicking on their names in the postings lists or in the search above). i'd hate to say go ahead and then it not be right. pm one or all of them to check it out.

 

after rereading it a couple of times - i don't think it is necessary or even a good thing at this point to say too much. i'd settle for the first and last paragraph with "please find enclosed a copy of my breakdown with reference to claim no. xxxxxxxx.

 

a lot of the offers and action take place betwen the defense and the aq deadline.

 

really, i'd keep it simple. fax that over, then call to be sure it is received.

leave out all the legal jargon - you might just stick a pin in some balloon.

hope i've helped - but you asked, so my advice - pare it right down and get it off this a.m. save the good stuff for a bit.

[sacha911]

Your advice makes good sense, I have toned down the letter and kept it simple as you said. Faxed it over this morning, and have followed it up with a phone call (voice mail) and email to try and get them to confirm reciept.

 

by the way lateralus thanks for all your help so far, it is very much appreciated.

[lateralus]

you're welcome!

[sacha911]

Tomorrow is the last day before I have to file the Allocation Q at my local court. Still no word from DG (apart from a polite phone call to confirm receipt of my fax). Are they trying to test my reslove?

[lateralus]

well, it's a little late - i think you will have to file the aq - just be sure when the offer comes that you get your filing cost back from dg.

if, in fact, an offer were to come in tomorrow's post - you could ring the court and ask for a delay to the deadline for the aq as you wouldn't need to file - that's only if you were to get a 100% offer tomorrow - in your postition (assuming you are going to walk it to the court before 4pm) i'd give dg one last ring tomorrow morning and explain - would they like to fax you an offer before you file your aq? but get the aq in if no offer, without fail.

also, the way to look at this isn't omg, i'm going to court, - it's just to say it's passed another deadline and now they will deal - but i advise a more active approach - ring them, fax them, e-mail them and make sure your claim is on top of somebody's pile.

[sacha911]

I've completed my AQ and it has been filed with the local County court and the fee paid.

I now intend to fax a letter to DG along the lines of:-

"my court costs are now £100 more and that I intend to request full disclosure of HSBC’s costs."

 

Interestingly point 5 of their defence says:-

"The charges applied to the claimants 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 UTCCR's are not applicable to them; alternatively, they are not unfair contrary to the UTCCR. Further, the charges are not default charges and, accordingly, cannot amount to a penalty."

Are they really arguing that they are proving me with a Service by sending me a letter and charging £35 for a defaulted DD?

[livelylad]

I've completed my AQ and it has been filed with the local County court and the fee paid.

I now intend to fax a letter to DG along the lines of:-

"my court costs are now £100 more and that I intend to request full disclosure of HSBC’s costs."

 

Interestingly point 5 of their defence says:-

"The charges applied to the claimants 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 UTCCR's are not applicable to them; alternatively, they are not unfair contrary to the UTCCR. Further, the charges are not default charges and, accordingly, cannot amount to a penalty."

Are they really arguing that they are proving me with a Service by sending me a letter and charging £35 for a defaulted DD?

 

There defence is standard. Did you send the draft order with the AQ? To be honest there is not much point sending the letter they will settle when they are ready.

[sacha911]

Just had a call from DG (I called them earlier today to chase them up) confirming that an offer letter is going out today for the full amount!

I'm not celebrating yet, but It looks like I'm nearly there...

[lateralus]

oh joy!!! looks like it might be the beginning of the thurs, frid, sat. offers.

try not to jump the postman.

[nettyg]

fingers and toes crossed for you sacha

netty

[honeygie]

wow... not long now sacha... im stressing out myself.. but hey... soon it will be over for you.. hang in there just a wee bit more.. have a good weekend.

[sacha911]

Offer letter came this morning!

They offered the full amount.

Fantastic.

I crossed out the offered amount and added an extra £100 for the AQ.

(The nice lady at DG said to do this yesterday when I spoke to them.)