LoveTheDam v HSBC- **WON**

[lovethedam]

I filed the mcol on 30.11.06 and recieved an acknowledment dated 1.12.06.

On the acknowledgement, DG sols have ticked the box which says ' I intend to defend all of this claim'

 

Is this normal ??

 

I panicked when i saw this as i was expecting an offer......

[Guest bong]

hiya LTD,

 

yes this is entirely standard procedure. don't worry - other people are waiting around 28 days to receive offers so this will probably mean around 2 Jan in your case, although with xmas and new year I don't know if this will add to the delays. If you haven't already done it you need to send them a copy of your schedule of charges marked with your claim number.

 

the waiting is the hardest bit...but maybe check out a few other HSBC threads to see how other claims are proceeding. You are likely to find others on the same timescale as you although some seem to hear earlier than others. Similarly some are offered the full amount first time and others not.

 

Fingers crossed for you.

[lovethedam]

thanks for the reply bong,

 

ive tried looking at my schedule of charges but it seems the interest is now slightly higher than what i included on the particulars of claim on mcol... it is £3 more

is this ok for me to send the most recent figures?

i

[lovethedam]

doh, ive figured it out i think, the spreadhseet counts the days since offence which is now 9 days more than it was on 30.11.06 when i claimed.

 

however, so i send the bank todays interest rate ? or does it have to be exactly the same as it was oin the mcol claim ?

 

thanks again

[steve_n]

Yep, if you 'run' the spreadsheet at a later date it re-calculates due to the way the formulae work in excel - you can stop it, set it to manula re-calc and then save, then when you open it will freeze and not auto update

 

Steve.

[Guest bong]

overwrite the date to the date you issued the claim, making sure you don't save the changes after you've printed.

[lovethedam]

thanks guys, ive found a few old printouts of the schedule of charges that i did on the date of claim.

So i will add the claim nuber to that and send it to DG Sols.

Is the anything else i need to include with this at this time ?

 

Thanks again

 

Love the dam

[Guest bong]

no nothing else

[Clare1981]

Good luck!!

[lateralus]

i've just read a couple of threads where dg has offered the claim but without the court costs - i think this may be because at this point - where you are now - you need to actually send a letter - pointing out that you have filed, here is your claim, and you look forward to hearing from them and you are enclosing your breakdown of charges - on the letter then: put a little summation:

charges xxxx.xx

plus 8% interest added to the claim: xxx.xx

plus court costs: xxx.xx

TOTAL: xxxx.xx

 

i'm thinking these other couple of cases may have just sent the breakdown and not put the court costs on.

[Guest bong]

no harm in pointing it out to them as you say lattie, but the claim form will have been sent to them detailing the court fee paid aswell. I think they're just trying it on tbh.

[lateralus]

i agree, and as it is all along the way - they look anything to be sniffy about - it is common sense - but the court costs are part of the claim and as such, should be itemised on the letter to dg just to make everything crystal clear to them.

[steve_n]

One quick Q ?

 

I take it you don't claim 8% interest on the court cost element of the claim

 

(would be nice if we could)

[daisy111]

Sorry to intrude on your thread, but I filed my MCOL on exactly the same date which has been acknowledged and they say they are going to defend.

 

My question is concerning the schedule of charges - when do they ask for this?? It's been almost 2 weeks and I've heard nothing so far.

[lovethedam]

hi everyone,

 

well to answer daisy first, i filed my claim on mcol on 30.11.06 and this was acknowledged a day later on 1.12.06.

I then recieved the acknowledgement in the post a day or 2 later and was then advised by all the wonderful people on this site to send d&g sold the schedule of charges.

 

so in your case i would send it in the post to them (as i did yesterday )

 

I didnt include a covering letter with mine, just the schedule with the cliam number at the top and i also included the court costs just to make it all crystal clear for them...

 

now back to the waiting game, im desparate for the money, i have a £750 bill which has to be paid b4 thechristmas so i want to avoid borrowing off friends if possible.....

[lovethedam]

ps

daisy

welcome to the thread and as we both filed mcol on the same day, we will have to keep in touch and see if we are lucky enough to get the dough b4 christmas!

[ulyetta]

Well dont want to sound down beat but im a day in front of you and I aint confident we will get it before Xmas. Probably first two weeks in Jan after the 28 days are up. Buying a house so could really do with the cash to buy a settee so I aint on deck chairs for the next 6 months ha ha.

[steve_n]

Hi all,

 

Lovethedam is correct - send a copy of your swchedule of charges directly to DG (recored del obviously) also send two copies direct to the court if you filed using teh MCOL online system to be attached to your file

 

The letter to DG needs to a simple:-

I refer to the above claim against HSBC Bank plc. This is the court reference)

"Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act"

The letter to the court needs to be slightly different:-

 

case ref xxxx

name xxxx

date submitted xxx

 

"Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act.

The interest in addition to the amount in charges equates to a total amount of my claim, namely £ "your amount"

I respectfully request that the enclosed schedule be attached to the particulars of my claim"

[lovethedam]

Thanks for that Steve, however I didnt send a covering letter to DG Sols, just the schedule (although it did include the claim number and all costs

 

Surely they could work out the rest with that ??

 

also i didnt know i had to send anything further to the court so i will do that now.

 

Thanks again and good luck everyone

[steve_n]

I'm sure they will work it out, arn't solicitors supposed to be 'clever' ??

 

Although you'd be excused from thinking so with DG & Co

[lovethedam]

cheers steve,

 

ive just remembered i didnt sent the schedule by recorded delivery to dg sols, so u think i should send again recorded this time ?

 

ps

ive noticed your 28 dyas are up tomorrow..

are you excited or had any offers yet ?

[lateralus]

good excuse to call them and ask if it was received.

[lovethedam]

will it be easy to get through ?

ive been wondering what it would be like to talk to debbie d'aubney

if she even exists!

[lateralus]

she is apparently out of the office until friday just talk to whomever - you could ask for alan somebody - see babs thread - and no it won't be easy to get through - but you might get lucky. try mid morning or mid afternoon - i think it is better than early or lunch or later.

[lovethedam]

i just got through to the lovely debbie d'aubney!!!

she does exist!

I asked if she had recieved my schedule of charges and she said her colleagues may have it, she would check and call back if not recieved, otherwise if i dont hear from here that means she has recieved it.

 

ive not had a call yet but i think i will double check later......