A little help please...

[666Shortys]

HI. I apologise if I haven't posted this in the correct place but I wasn't sure where to do it.

I have got as far as my MCOL Claim and around a week has passed but I still haven't heard anything. Not even from MCOL or anyone related asking for a copy of my spreadsheet (which I said in my statement that I'd provide but haven't as yet) I am getting a little worried about this as the claim says it has started but they haven't asked for any info off me (other than my statement.)

Does anyone have any ideas or advice or comments relating to this and how long it normally takes for someone (anyone!) to respond in some way.

 

Many Thanks,

 

Caroline

[lynseylou]

Hi,

 

I filed my MCOL on 18th Nov.

A few days later got a formal confirmation from the court stating it had been actioned. A couple of days later got another letter saying HSBC intend to defend (apparently standard!).

There was details of a contact for the HSBC solicitor on there so to save a bit of time wasting on their part, I sent by recorded delivery another copy of my schedule of charges before they had the cheek to ask for it!

That was a week ago...... still waiting for an offer..... or anything for that matter!

 

Don't panic.....

 

Lyns

[lateralus]

caroline,

the normal timeframe is you file (and if it was after 5 pm it would actually be the next day that you filed), 5 days later, it is deemed to have been served, from that date they have 14 days to acknowledge the claim (which they inevitably do and they at the same time file their intention to defend in full), then that gives them another 14 days, 28 in total from the date served.

you will shortly receive a notice of service from the courts - i know it all seems a bit daunting but you'll be an old hand soon. if, you have paid the fee and pressed the submit button - things should be in hand - as you say it has been a few days already - if you were really worried that something was wrong - by, say friday, if you haven't heard a bean, you could call the contact number on the mcol site and give them your claim number and they could tell you all was well. i would post 3 copies of you schedule to the court with your claim number clearly on them and when you get your acknowledgment from dg solicitors - post them one too to the name listed on pg.2 of the person from dg dealing with the claim. hope that all helps. try to relax - i'm sure all is well and to be frank - no use getting in a tizzy this early as you probably won't hear anything from the solicitors until closer to the 28 days. you will hear from them. good luck.

[666Shortys]

Thank you both very much for your help. I actually did recieve a letter from MCOL which was basically a summary of my claim and said it had been recieved and the money (£120) has been taken from my account.

I recieved a letter today which looks like the acknowledgement by HSBC and saying they will defend.

I was thinking I could now fax a copy of my claims spreadsheet to both the DG Solicitors (fao the Solicitors name) and the Northampton County Court fax number given at the bottom of my letter. If I put my claim number to identify me (my name is on it anyway) would I need to send anything else?

Do you think this is a good idea, or shall I wait, or post it along with something else (I'm not quite sure what!) I was just thinking a random fax might get lost or ignored??

[Bex7]

I would fax and post it just to be sure.... The fax would get there quicker and the letter then a back up for the fax

 

I have just had my MCOL issued and intend to do this as soon as acknowledged.

 

It cannot hurt to try, anything that speeds it up has got to be a plus

[steve_n]

Hi 666,

 

DON'T forget any correspondence to the court or DG must be recorded (signed for) that way you have proof of receipt

(but you knew that already didn't you ! )

 

As my trail suggests DG have until 14th to respond to my MCOL (28 day dead line) and the clock is ticking

[666Shortys]

Thank you. Of course I knew to send it recorded...maybe!

 

One more question..should I add the 8% up to today (6th) or up to the date of the beginning of the claim?

Should I send some kind of covering letter with the spreadsheet so they know what it is or will the Claim Number written on the top be enough identification?

 

Thanks,

 

Caroline

[steve_n]

The interest is added up to the date of the submission.

 

The claim No and your name is fine

 

So . . just a very brief letter to the court - "please find enc my schedule of charges in support of my claim ref ??, I respectfully request that you attach this document to my claim file"

 

Then a similar one to DG (once you 'officially' know it's them) just leave out the 'respectfully part'

 

Steve.

[666Shortys]

Well things have certainly moved fast since my original post!

I recievd a letter from HSBC today saying the usual. basically "thank you for your letter, the charges were set out in the terms and conditions, if you claim for a refund and go to court we believe we would sucessfully resist any legal challenge etc etc."

But they have offered me £780 to close the matter now.

This, of course was a lovely letter for me to recieve and I did have a little bounce around the house but then I calmed down and had a think. My claim was £935, the 8% interest equalled around £136 plus the court fees (which I have already paid) of £120 the total I'm claiming is actually closer to £1200.

In people's opinions should I accept the £780 and have a nice glass of champagne and call it over, or is it worth me carrying on with the court claim and trying to get the whole £1200 (or thereabouts)?

Is it likely that I will win the lot without much hassle (hassle being actually going in to the court room etc) or is this an offer that I should take because I probably won't get it again? (Kind of like Deal ro No Deal)

[lateralus]

no deal.

i think dg has gone crazy with the psychology this week - make everyone an offer and they will all jump at it with xmas closing in. thus saving them about 25%.

i should cut and paste this reply.

if they have offered - does it not make lots of sense that they do not really feel they would win in court - they know they wouldn't.

if you can eek it out on bread and water a little longer, you will get the whole pizza! this offer - was probably made in reference to your lba - not your court claim - turn it down - using the template and add a couple of sentences about how you have already filed, your total is now xxxx and you hope to hear from them shortly - send this to both offer guy at hsbc and dg - name on acknowledgment - it serves to bump your file up at dg.

good luck, your decision of course ultimately but hate to see very many falling for this ploy.

[666Shortys]

Thank you. This is basically what my train of thought was. To be honest I'd rather go for the whole lot, unless it means actually going in to a court room and putting my side forward (this seems a bit daunting and scary!). Mainly on principal but also because technically I'm settling for nearly £400 less.

Does anyone else have an opinion or advice please?

[steve_n]

I agree with Lateralus, IF they have been prepared to make an 'offer' then how on earth would they be able to stand in court and defend that they are not guilty ??

 

Surely making an offer is admission of guilt !!

 

If I was you I wouldn't give in for £400, afterall, £400 is still a fair amount to anyone, and think of this, the bank wouldn't hesitate to screw you for £400 if they could !!!

I rest my case your lord !!!!