CC v HSBC

[jowalshy]

I had one of those. It just means that the case is being transfered to your local court who may dispense with AQ. You now need to do a nudge letter to DG.

 

This is a copy of mine:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

20th April 2007

 

Re: xxxxxxxxxx - v - HSBC

account no: xxxxxxxxx

claim no: xxxxxxxxxxx, Filing date:xx xx xx.

 

It has come to my attention that as of xx April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

[lateralus]

chris, can you edit an remove the poc - admin ask we not post them in the forum, as it means peeps can get them without being registered members -

thanks.

 

here's a couple of links which may help you understand what's happening:

New---after 28 Days - Maybe No Aq!!!!!!!

 

so, now the local judge will either order an aq or just possibly set a court date. regardless - the main objective is to get dg to make an offer - and to that end - my advice is a nudge letter every 10 days until they do.

 

 

also, their defence is standard, in fact, in you look closely, you'll see it is the same old cut and paste (? for ') job they have been using for months and months - very shabby job - for professionals, they should be ashamed.

[cbrundle]

ta very much for the speedy reply

 

@ lateralus - editted my post cheers, forgot about that!

 

1) is it worth emailing the letter to someone/faxing it or should i just stick to recorded delivery?

 

when you say nearest pound as well should i put it like this in the letter:

 

..... I am willing to accept the sum of £3856, made up of £3079.50 (charges) + £626.04 (Interest @ 8% - S69 County Courts Act) + £120 (court filing fee) + £30.49 (daily interest) as at 23/04/07.

 

2) should i list the figures like that in the letter or just put one total figure in without the breakdown?

 

3) Can i request that the money be paid by cheque/into another bank account (of the same name) instead of into the "offending" bank account?

 

4) do i not need to do anything with regards the courts yet or anything, just simply nudging the solicitors?

when will the court decide on a date, an AQ, etc etc?

 

cheers

 

Chris

[lateralus]

1. just send it recorded delivery to dg

2. i'd just put the total - then on your breakdown do the sums

3. wait until they offer - then ask for a cheque

4. in theory, the courts will contact you with any details - think i'd ring them about once a fortnight - just to keep in touch and see if anything is required if you haven't heard from them.

 

thanks for the edit.

[cbrundle]

many thanks again, just sending off the letter now

[cbrundle]

just received another letter from HSBC (not the solicitors) stating

 

further to our letter dated 30 March 2007 we have not received any response from you.

 

Please can we ask that you respond within 7 days otherwsie we will consider the matter closed in our records

 

this is getting confusing contacting both the bank & their solicitors!

 

do i send another letter to them stating somthein g like:

 

please note for your records that this matter is not closed and I am currently in negotiations with your Solicitors, regarding my court claim against HSBC for unlawful charges amounting to £3856

 

is that alright or anyone be able to word one better?

 

many thanks

 

Chris

[lateralus]

fine and give them the claim number and a copy of your breakdown.

[cbrundle]

cheers lateralus

 

had the "Notice of Allocation to the Small Claims Track (Hearing)" through the post now:

 

District Judge Meredith has considered the statements of case & allocation questionnaires filed & allocated the claim to the small claims track.

 

the hearing will take place at 14:00 on the 1 August 2007...... and take no longer than 30 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party & to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 21 May 2007.

 

The original documents shall be brought to the hearing.

 

so where do we go from here?

we haven't filed an allocation questionnaire or is that just standard letter???

 

the bit about "all documents" is that just all the letters we've sent or is this the stage we now have to do our court bundle?

 

cheers

 

Chris

[lateralus]

yes, here is what you need for the court:

 

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

a couple of further thoughts here - dg doesn't want and will not give their stuff to the court for 21 may - so that bit about leaving it - still applies in this situation -

you need to fire off a letter to dg immediately - saying basically - look, i'm going to be sending in all my paperwork to reach the court by 21 may - and if you aren't going to do the same - you'd better get in touch with me very quickly - i will settle this claim for xxxx.xx (the full amount plus and court fees you've paid). look at the nudge letters in posts 1 of both my aq threads in my signature - take your cue from them - you are just giving them a great big nudge that your info will be arriving at the court before 21 may and if they aren't going to do the same - they'd better make an offer quickly (not quite those words but that's the idea ) i personally think you will be hearing from them very soon - but remind them of the dates and do it tonight - get it posted so they bump you up to the top of someone's pile.

should you not hear back from them by, say thursday next week, you'll be forced to do all that copying (but at least now there is a new trend to ask for costs back after you get your money so i'd claim for half the new forest which it will take to do it all in triplicate).

ok, make sense????

great big nudge to dg as soon as possible (maybe even fax it tonight or tomorrow and hard copy follow by registered post), leave the copying until the last minute - but it's a lot - get it in on time.

ok?

 

 

 

don't get too excited in case this doesn't work - but this is a very good development - it's a clued up judge asking for the paperwork - knowing dg won't come through with it - so, in theory, you should have your offer before the paperwork is due - but you nudge them (kick up the butt actually better wording) and fingers crossed you'll have your offer before you have to start copying.

[cbrundle]

cheers lateralus AGAIN!

 

got the basic court bundle all sorted anyway, ready for printing, etc.

 

already done them a little nudge letter so a BIG NUDGE letter going in tomorrow rec p&p

 

cheers again

[cbrundle]

how does this seem?

 

the bits in bold are the bits I've added, have I said too much or not enough?

 

I have also added the other standard paragraphs to the end "I hope to hear from you very soon...

 

I have enclosed yet another copy of the SOC....."

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not acknowledged my previous correspondence (dated 24/04/07).

 

I have filed my claim on 12/03/07 and after you have declared to the courts your intention to “defend”, it has now been allocated to the Small Claims Track at 14:00 on 1st August 2007 at Torquay & Newton Abbot County Court. It is required that all paperwork and documentation be issued no later than the 21st May 2007. For your information my court bundle is already prepared and I will be issuing this to yourselves and the court by the 21st May 2007 as requested, if I should be required to fulfill this requirement, I will obviously be claiming for additional costs awarded to me for the preparation and completion of a 200+ page file triplicated. It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

 

I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £3867.00 as Full & Final Settlement for the unlawful charges from HSBC between 14/06/2000 – 22/05/2006. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

[lateralus]

and in the spirit of eternal hope finish it with ..............

 

I look forward to hearing from you very soon.

 

 

it's a lovely letter - couldn't have done better myself!!!!!

very good - go for it and as i said before i'd fax it if you can to save one day and follow with a hard copy.

possibly one further sentence like:

As this letter is time sensitive I am faxing you an advance copy of this letter.

 

yes? no? up to you - it's very good as is - just trying to lay on a little more pressure.

[cbrundle]

many thanks lattie

[themadlady]

Goo morning all,

Reading with great interest what has been happening with cbrundle, I am just ready to go to court for two seperate accounts with HSBC. Do I file them on the same MOC or two seperate one. Please advise. I am not very confident about all these court business, but HSB only send one acknowledge letter so far, saying we will look into your complain!

[cbrundle]

file both under the same but just make sure you highlight the 2 different account numbers

 

have you started your own thread? if so you'll get a lot more help that way, as people probably don't check in so much on this one

[themadlady]

Thanks for the info, how do I dothat. I am a bit green!!

[lateralus]

she got there: The Scary Bit Starts

[cbrundle]

well the solicitors received the letter on the 14th!

 

getting worried now, will wait until Thursday I think until I start the printing!

 

hope something turns up by then!

[lateralus]

they got it monday - i'm thinking thursday is when you'll hear something.

fingers crossed for you.

[nettyg]

everything crossed for you cbrundle - good luck

[Castlebest]

Gawd perky's back hiya stranger

 

pete

[lateralus]

nets, i just referred someone to battersea cassie's thread for info on writing letters and getting a refund before filing a claim which was her trick - but what a hoot - going back and reading an old thread -

those were the days..............

 

still can't remember though who had a b & b in blackpool.........

[nettyg]

Gawd perky's back hiya stranger

 

pete

 

i've been here all the time cheeky chops - just observing though as a lot of new things go clear over my head these days!!!

[nettyg]

oh yeah, i'll have a look later because i seem to remember the need for a new hat in blackpool lol. yes those were the days - everything was so simple and straightforward (didn't seem like it at the time tho lol)!!

[lateralus]

no, i do remember one particularly nervous young perky!