Hsbc To Defend!!!!!

[steve_n]

Dear all,

 

HSBC have at 3:55 today (which is my 28 day deadline following my MCOL) submitted their defence Grrrrr

Am now comtemplating my next STRATEGIC move !!!!

 

Shall I call DG tomorrow and tell then I fully intend to submit my Allocation Q and that I advise they give up now and save £100 or shall I keep silent for the next 7 or so days until my AQ submission deadline ???

 

Advise warmly welcome either here or on my own thread

 

Steve.

[lynseylou]

Actually, I did send this recorded delivery about a week after I recieved the intention to defend, hence why I thought/hoped they would have just paid up sooner!

 

Oh well, no doubt I will hear something in the next few days, but not actually sure what I will do if I don't hear anything by the deadline??????

 

Thanks for your advice tho!

[steve_n]

just decided to bite the bullet and call DG - got Debs voice mail - so left a short message "Hi its me, my claim ref is xxxx I notice you have submitted a defence, I am now shortly going to submit my AQ, if you wish to mitigate this claim and avoid further costs can I request that you call me to discuss etc blah blah

 

I managed to scream anything obscene down the phone LOL

 

Well . . if I have cooked my goose etc - on my head be it !!!!

[lynseylou]

Am I being thick?

 

What is an allocation questionnaire? And at what point might I receive one? If/when I do, what do I do with it?

 

28 day MCOL time up Tuesday 19th Dec.......

 

Cheers

[Claire wilson]

Anyone heard anything yet, my mcol is up on 19th, barbara got a full offer 2 days before the 28 days are up. I don't understand, there doesn't seem to be any consistency, some are getting full offers, some part offers and some going to AQ stage, by the way does anyone know once it gets to Aq stage how long it takes then, and am I right in thinking if I haven't heard anything by Tuesday I automaticall win?

[lateralus]

lynseylou and claire w,

when the 28 + 5 days to serve it, so 33 days of the mcol are up, if they still have not defended - then you could press the judgment button. chances are, dg will defend within the last possible moments and you won't be able to press for judgment. if you could press it, then yes, in theory you will have won and you can ask the court to get your money for you. the reality is, they will defend. and when your mcol tells you that you can't move forward because they have defended then: within a couple of days you will receive a notice from the court moving to probably your local court, also, you will receive a copy of their defense, also, you will receive your allocation questionaire (aq), ON THE AQ, THERE WILL BE A DEADLINE ABOUT 2 WEEKS DOWN THE LINE, take note as this is the new deadline you will be working towards. just read in the step by steps about aq's and how to fill them out but my advice is don't send it off (or hand deliver) until much nearer the deadline.

the actual purpose of the aq is for the court to decide which track (probably small claims) of the court to send the claim through. in reality - it is just another time period for you to try to get the claim wrapped up before moving into the next phase.

does that clear it up for you two?

by the way , besides babs full offer yesterday, skinch and stall both got 100% offers today. so they must be in holiday mood at dg.

[Nigel Willetts]

Hi, I have trawled through the postings to determine if anybody else has had an experience similar to mine, but have yet to find such a person. Please advise, if you can, on my particular scenario with HSBC:

 

Letter received on 21/11/06 from DG Solicitors informing of intention to repay full charges, without prejudice.

 

Letter received on 24/11/06 informing me that my account has been credited with full amount. This was not what I requested in my claim, I specifically requested payment to be made in the form of a personal cheque.

 

A variety of telephone calls to DG Solicitors and HSBC resulted in a personal cheque being issued on Monday 11/12/06, which was paid into my Nat West account on Tuesday 12/12/06.

 

Friday 15/12/06, I received a letter from County Court, advising that the time for my defendants to file their defences has now elapsed. I was sent an allocation questionnaire to complete, requesting a further fee of £100, to be completed by 02/01/07.

 

This morning, Saturday 16/12/06, Nat West informed me that HSBC have instructed them not to honour the cheque! As it is Saturday, I cannot contact either HSBC or DG solicitors to determine why.

 

So, from 21/11/06 to present, I am no further on in retrieving my money. My family and I were heavily dependent upon such money to fund Christmas for our three children.

 

It looks like I will be the test case, which I am more than happy to take on. Has anybody else had a similar experience of a cheque being issued, and then withdrawn? Can anybody else please advise?

[bidstermeister]

So you had the potential situation of being paid "twice" ? You don't say what happened to the BACs deposited they put into your account.

[Nigel Willetts]

The funds deposited were due to be cleared at the close of trading Friday. Nat West informed me this morning (saturday) that the cheque (and subsequent funds) were returned to HSBC via the Nat West fraud department, on the advice of HSBC. So I am back to square one and will need to pursue through courts once again. In a perverse way, I would love to take my case to Court and be responsible for opening the floodgates!

 

Any one else experiencing similar?

[lateralus]

stop, hold the panic. i think, although i've no basis for this, just throwing this out there - i think they are reacting to the possibility of paying it twice - sort of left hand didn't know what the right hand was doing. you got it into an account - their error -you wanted a cheque, so, at this point when you were talking to them - what happened to the money they had put into your account?

 

leave the a.q. and all talk of further action to the side for the moment -

i think you are sorted - it's a misunderstanding of where the money went.

 

so, if we are to sort it out logically - what happened to the money in the account.

 

i think perhaps you won't be able to sort this with hsbc today - although you could try one of the 800 numbers - i think you need to lay it out - then send your summary to dg, e-mail it to them as well and then call them first thing monday a.m. i think it will get sorted.

 

did you move the money in your account, did they take it back or is it still there?

you won't be a test case.

[lateralus]

nigel, we need to get you your own thread so more people will see it. go up and press NEW THREAD, then give it an appropriate name. then, see if you can cut and paste these just above here and you will get help - much more exposure. do it now.

[Nigel Willetts]

Thanks for all who took the time to post response. I feel a little easier now. lateralus, I think that you might be correct in your assumption that they are possibly reacting to paying the money twice. As for money in the account, I have no way of knowing what has happened to it - I have not used the account for years and have since forgotten passwords etc for on line banking to check. Will create a new thread. Many thanks.