HSBC Have filed a defence to my Claim

[s14nne]

Hi,

 

I started my claim against HSBC via Money claim on the 27th October, they acknowledged it on the 1st Nov, giving them a further 28 days.......But, I have still heard nothing from them, and obviously, their deadline is up on Sun!

 

Just wondered if anyone else has been in the same situation and what the next step in the process was?

 

Are they likely to send me the allocation questionnaire in the next few days to delay it any longer?

 

I have never been so keen for the postman to arrive as I have these past few weeks!!

 

Thanks in advance for any advice you can give me. xx

[Michael Browne]

The 28 days go from the deemed date of service, which is usually 5 days after you filed, so deadline is 30th Nov. Assuming they file a defence, it will be transferred to your local court who will send you their defence and an AQ

[s14nne]

Thanks for your reply!

[s14nne]

I have today received a Notice of Transfer of Proceedings and an Allocation Questionnaire, as well as a copy of my Banks Defence, which states;

 

1. The claimants account is governed by the defendants personal banking terms and conditions.

 

2.pursuant to the Defendans terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

 

3.It is denied that the fee's charged for the service provided amount to a penalty or liquidated damages clause. The fee's are an agreed price for a service provided by the Defendant.

 

I am well scared now!!!

 

Is this just a standard kind of response? Please help put my mind at rest!!!

 

Thanks

[Michael Browne]

Yes perfectly standard

[lateralus]

it's just the next step - brought on by the fact that their 28 days have run out, don't panic, the new deadline for you is on your paperwork - what is the deadline on the paper for the aq to be filed? that is yours and their deadline. have you had any contact with dg? have they asked for a breakdown of your charges? sent it yet? let us know where you are in your contact with them so we can make suggestions.

[jonni2bad]

Threads merged too - please try and keep to one so that we can follow your claim more effectively.

 

I have sent you a PM with a link to this.

[s14nne]

Thanks for the info!

 

The deadline on my AQ is 17th dec.

 

DG contacted me last week for the breakdown of charges, and a defence was filed on mcol.

[s14nne]

Forgot to add, I was nearly up in the 28 days stage on MCOL!

[jono3000]

S14nne, ive got the same deadline for AQ as you (17th), defence filed a few days before the end of the 28 days.

[s14nne]

Hi Jono,

 

Sounds like we are in exactly the same situation!!

I have been praying for the money to come before xmas, but I'm not gonna count on it now!

 

So have you posted your AQ yet? I think I'm gonna leave it as late as possible cos I don't really want to part with another £100 yet. I'm hoping the postman will be here in a bit........with a full offer!

[lateralus]

well, i don't see a prob jono and s14: they ask for a a breakdown and about a week later you should be looking at an offer an if you aren't, a casual call "just checking to make sure you received my breakdown, we are looking at the aq deadline now and surely you wouldn't want us to file that adding even more to the claim" maybe not quite those words but you get the gist. so, one week after you send your breakdown - follow up with a polite did you get it phone call. it bumps you to the top of whichever pile they are working on - try to ask for the person who requested the breakdown - their contact details should be at the top of your letter. one of three things will happen shortly a) a reduced offer - reject and you will move to: b) a full offer - which you accept or c) nothing, in which case shortly before the aq is due to be filed you will have to file it - but don't rush into it. if it costs (depends on the size of your claim) you will be adding that to your total claim costs. don't accept anything less. and don't halt your claim until money is in your hand. if you have been asked for your breakdown, you are very close to payday.

also, just to keep informed, look at the aq stuff in the faqs and step by steps. still plenty of time to be paid out before xmas. good luck.

[s14nne]

Thanks for that Lateralaus.

 

Hsbc did offer me a part payment of £2000 (claim is for £3800 including interest) on the day after the deadline of my LBA, but I had filed my MCOL just before, so I ignored the offer and carried on with my claim.

 

Do you think they are likely to offer another part payment? I hope not, i just want my money now!!

 

Also, is it ok to have the money I am claiming to be paid back into the bank account I am claiming from? I don't have an overdraft or anything.

 

Thanks x

[lateralus]

you're welcome.

i was the same - partial offer received at lba, rejected. in our case - 1 week after breakdown requested, received another 80% offer (same percentage but higher offer as 8% and court costs had been added), rejected this and got a full offer about a week later. but i've read of plenty lately who get full offers without the partial - don't have any idea what their criteria for this is - can't figure it out - maybe there is no pattern.

yes, if you are happy to have it put into your accout then by all means take that option, it can be done same day as they receive your acceptance if you push them a bit at that stage (by phone to the actual person issuing the offer). if it comes to that stage - try this approach, firm, slightly pushy, but always polite. hope this helps.

[s14nne]

That helps a great deal

 

Thankyou.

[Andydug]

Hi there, I seem to be in the same boat but need a little help also:

 

I've forgotten to do something !

 

on 2nd Nov i filed my MCOL claim

on 3rd Nov I received measly offer from HSBC (which i intended to accept only as part payment.)

7/11 received Notice of issue from Court saying claim will be deemed served on the 8/11.

10/11 received acknowledgement of service of claim (which is attached to a copy of a response pack stating that HSBC intend to defend all of the claim.) this says "the defendant now has 28 days from the date of service of the claim form to file a defence"

 

No further news as yet.

 

However - i've forgotted to send a letter accepting the offer as part payment and have not sent a further schedule of charges to HSBC to include the interest charges - is it too late to send it now? also i've not kept a copy of the schedules and i can't get the interest figures to add up exactly as on the claim - does it matter.

 

ps they've also charged me a further £50 for going overdrawn (used wrong cheque book!)

 

any info/help would be much appreciated.

[Michael Browne]

However - i've forgotted to send a letter accepting the offer as part payment and have not sent a further schedule of charges to HSBC to include the interest charges - is it too late to send it now? also i've not kept a copy of the schedules and i can't get the interest figures to add up exactly as on the claim - does it matter

 

Don't worry about rejection letter. Yo do need to send a schedule (incl 8% interest) to HSBC's solicitors. You say you have no copy, but presumably still have the s/s? If so click on the time in your taskbar, reset date to the date you filed. Open s/s, it should now be correct to date of filing. Print out & reset date.

[lateralus]

andy, please ask questions on your own thread - i have just answered you on it. michael has answered how to get the spreadsheet back, hopefully - but it makes it hard to keep up if you ask the same question in different places. thanks

[Andydug]

thanks for the reply.

 

Funny thing, i've done the changing of the time thing and for some reason it doesn't come out with the exact same figure - its a few pence out no matter which date i select. Strange - should i just post the one nearest the figure?

 

Many thanks

[Andydug]

sorry will do my own thread.

[s14nne]

YYYIIIIIIPPPPPEEEEEEEEEEEEEE!!!!!

 

HSBC have settled my claim in FULL today.

 

I received a letter from DG offering the full amount, perfect timing for Christmas!

 

Will be making a Donation to this wonderful site........and now starting the whole process all over again for my OH's accounts!

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[s14nne]

Thanks:D

 

Will fill out the survey now.

[lateralus]

told ya, told ya ---- whooopee!

i'm really pleased for you. spend wisely and have a chuffing great xmas!

[Clare1981]

Congrats!!