Here Goes

[givememymoney]

I does appear that we are all going to this stage now. I have filed my AQ and am now waiting for a court date. It really depends on what court date you get as to when you are likely to win but you will win.

[nettyg]

Ok serious stuff now, got the pack through from the court and filled in the questionnaire along with another £100 in court fees!!!!! (Really need for this to work or I am going to be mega skint!)

 

Also got a from DG solicitors requesting the breakdown of charges of which I have also just sent!!

 

Does everyone get to this stage!?? I know I keep asking and sound impatient but any idea how long it takes from this point? Depending on if I win!!!!

 

if dg are asking for your breakdown, it's probably because you are going to get an offer soon. finger's crossed!

[owdoo]

Cheers people you are all stars!

 

may be a stupid question and please forgive my lack of confidence but will I have to go to court?

[nettyg]

i doubt it very very much. as i said in an earlier post, if dg are asking for your breakdown, it is more likely that they will offer very soon.

[owdoo]

Ok back again, letters sent over a week ago now one to courts with cheque enclosed and one with breakdown of charges to DS Solcitors both recorded delivery...... nothing back as yet is there a time limit on them replyling?

[nettyg]

okay, try ringing the courts to see if dg have submitted their aq and if not, what do you suggest you do next. also look at lattie's thread below.

 

When you have filed your AQ................

[owdoo]

cheers netty I have left the courts number at home but will call them first thingtomorrow, blimey this is taking forever!!

[owdoo]

OH DEAR LORD AM I THE ONLY ONE GETTING NOWHERE FAST!!!

I started this in November and I am still awaiting for information on my claim from the courts.

To elaborate.

I filed my claim through MCOL, then HSBC Filed a defence (Pretty usual) then I got a letter from the court asking me to fill in my allocation questionnaire and a letter from DG Solicitors asking me to send them a breakdown of charges!! Both of which I did, the day after (Begingin of March)

The letter stated that the defence had until 27th of March to complete their AQ, I ring the court at least twice a week and still they say they are awaiting it to be sent to the judge, but they have told me that no AQ has been sent by the defendant so the judge will either give them 5 days to submit one or throw it out, if it goes to court I will not get a date until AUGUST!!!!!!

I have never spoke to DG solicitors as I fear it may damage my case, or at least prompt them to send in the AQ Questionnaire which they may have forgotten to do?

Please help!! Has any one else had these problems?

[delilah 9]

I think the fee depends on how much your claim is for. £120 sounds right if it's between £1,000.01 - £5,000. It's £30 if you claim is £300 or less.

[owdoo]

Sorry Delilah, I dont understand?

[delilah 9]

Sorry my mistake. Doh! Thought I read all the thread when in fact I had only read page 1. Lol

[lateralus]

When you have filed your AQ................ (1 2 3 4 5 ... Last Page)

 

i wrote this thread specifically for those who had filed their aq's and wondered about what goes next - so.........post 1.

it's long due for you to write a big fat nudge letter to dg - the template is in that post - make it clear to dg that you have filed, they haven't, the courts know it, you are trying to get this resolved, they aren't, the courts would appreciate it if you could do........all of that in a polite but firm letter. with a copy of your breakdown.

and my newest advice is a nudge every 10 days until they offer.

there are maybe a few more nudging ideas on this post1 too,

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

write one tonight and send it tomorrow.

[owdoo]

OK so I got an offer from the solicitor’s wasn’t exactly what I was after but it is still a large amount they say they cannot refund the overdraft interest that I have put with my claim as this is interest paid on borrowing money?

Apparently my schedule has been checked and revealed some discrepancies, but they are still willing to offer me £1891.05 (Original claim is £2055.53)

Apparently this includes court costs and the like; it is getting really complicated now.

Shall I just accept or wait for the judge apparently they haven’t filed their AQ so he would give them 5 days to do so every time i ring he court they say they are behind with thing and it should arrive back from the judge soon who will give a court hearing or strike out their defense.

Was I right to claim the interest on my overdraft? Shall I Wait?

Don't know what to do?

[owdoo]

Bugger it I am accepting!! It is no point haggling over £164

[freakyleaky]

Congratulations on your offer!!!!!

Make sure it does include the court fees. As far as the interest, did you work it out on the advanced spreadsheet? You can only claim for the portion of interest that was related to the charges on the overdraft and not the whole ammount. As you say though, the offer is very close to your claim and I would do as you say and accept. Do you need an acceptance letter?

[freakyleaky]

Just fill it in and alter to suit yourself:)

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[owdoo]

CHeers freaky may be stupid question but do I enclose the signed part of the form with my acceptance letter?

[owdoo]

ALso do i need to put the bit in aboout not agreeing any confidetiality clause? HAs anyone bee given more money this way?

[Michael Browne]

do I enclose the signed part of the form with my acceptance letter?

Up to you but I would ignore their form and just send your letter

 

ALso do i need to put the bit in aboout not agreeing any confidetiality clause?

Again your choice

HAs anyone bee given more money this way?

Not that I know of, but then I wouldn't, would I?

[lateralus]

me neither but i love the irony of putting 164.48!

 

i'd probably have advised you to take it - you are right - it does get complicated - and it's a good amount of money and you are done and dusted.

 

when you actually get the money into your hot little hands - let the court know that it has been settled - not until then.

 

CONGRATULATIONS - A DAMN GOOD WIN!

[pinkduchess]

congrats owdoo!!

[freakyleaky]

Well I would not sign the cofidentiality bit now. You have already told us about it!