Nettyg v Hsbc ***WON***

[lateralus]

well, i'd put that sentence in there somewhere - that without court interest and court fees - the initial claim is for £5050 (it says in everything i've read that slightly over - they will put it in small claims and that's only barely slightly over - so use it) i do think date of the claim is date filed though. it will be fine - it will be long over before the court date!

 

i see now - you are asking about the date for the s/s - i'd leave it as you sent it to dg.

[lateralus]

i wasn't saying you should look at the 149 with a view to doing it - just pointing out how much simpler it is. they sent you the 150 because it was over the 5k but i think it will go small claims from what i've read. no worries! you'll be buying the beers soon!

[lateralus]

i was just having a look at the court bundle (which we won't need) and the other documents which you would include and it's probably well over 60 pages (40 for the bundle alone) and it's to be done in triplicate - better get a new ink cartridge in or do it at school when no one is looking! you'll get your money before that!!!!!!!!

[lateralus]

with a hundred extra, methinks! makes up for the overdraft interest, a bit!

 

p.s. pub nite! (rubs hands with glee)

[lateralus]

so, then you just don't accept it! wait til friday's post and then file the aq. post doesn't take that long - could come sooner! maybe even tomorrow - try not to stress out over it - can't change what they are going to do - you've read enough threads to know anything is possible.

just have to wait and see. fingers, toes and even my eyes crossed for you - so let us know quickly - i don't want any permanent damage!!!

[lateralus]

nets, i think yes, monday but if it were mine - i'd take it in friday before 4pm. just read another where court said dg had until 4pm today (and deadline was yesterday, a sunday)

roosterrs - what's the dif? yours is due monday - courts not open weekend - so if you take it in frid just before 4pm or mon - i don't think it would get looked at until monday and that's your deadline.

[lateralus]

next call roosterrs say and i will be adding £100 to my claim very shortly!

[lateralus]

most of the ones i've seen - they don't quibble over the 100 - you just say you've filed and need an extra 100 to settle and they will say, fine.

i just hope the offers (when/if they come are straight offers) not piddling around with questioning o/d interest or whatever - give me a good old fashioned 100% offer every time!!!!!

[lateralus]

right, that's the support group taken care of;

the ones i haven't spoken with recently i've just asked if their aq's are ready.......

 

beresd 3/3

NETTYG 4/3

rundl 3/3

johnnymitch 3/3

noel 5/3

foss 3/3

roosterrs 5/3

gazhodge 5/3

sezj127 5/3

verytrying 3/3

givememymoney 6/3

..........and very recent filings:.....

rjgreaves

hsbc destroyed my life

 

big weekend for aq's.

let's hope a massive weekend for offers!!!!!!!!!!!!!!!!!!!!

[lateralus]

verytrying, here's what you want for section g on the 149:

 

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

 

then you need to attach the draft order for direction on a separate piece of paper with your name and claim number at the top - also fill in the xxxxxxxxxs'

 

 

 

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

Between

 

XXXXXXXX - Claimant

 

and

 

 

XXXXX - Defendant

 

 

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

get back if more questions - netty won't mind the hijack

[lateralus]

anybody else want on the weekend party list? that's 10 - i'm sure there's probably more - these are the ones i've been watching.

[lateralus]

yep, 6/3 - slightly post weekend frenzy but i put it on!

 

you stop playing and get that aq sorted,very trying

 

mother lattie

[lateralus]

just an overnight thought, netty - all of their offers are made without prej. so that doesn't mean anything.

 

also, (gang of 11 hopefuls!) were you to receive a full offer or one you want to take before the aq goes in (well, could happen!!!!) you could ring the court and tell them you've accepted an offer and would they delay the aq deadline - they will want it in writing but they will delay the deadline.

and if it came just after you've filed - if you get in touch - they may just say put in on the acceptance (the extra 100) and they don't usually quibble - just ring them - they'll cough up the £ for the aq.

 

i know you know this nets, i'm just classing this as "communcations central" for the mo. your site has more views than some of the smaller banks!

[lateralus]

so, netty, how was your day?

[lateralus]

okey - dokey - ! bit tired tonight - might go to bed early. watch that post manana!

[lateralus]

you're still waiting - and i'm still watching!

 

10 more, nets.. are we having a party!

[lateralus]

like they give dg and extra week or two but the little guy's has to be in on time or else!!!! very fair! something tells me it's a little lopsided somehow!

[lateralus]

couldn't hurt.

[lateralus]

hope your money comes tomorrow honey!

think netty's hiding tonight...

[lateralus]

congratulations on 1000 posts of wisdom!!!!!!!!! - race you to 2000!

[lateralus]

she does talk a lot - she'll probably win!

[lateralus]

i just choked on my mashed potatoes - whoppeeeeee! i am so glad in fact i'm going to bigger script.

[lateralus]

i just couldn#t be more pleeeeezed for you, nets!!!!!!!!

no need for a miracle tomorrow - u got urs 2day!

[lateralus]

yes, that def called for bigger font size!

 

i bet you are absolutely chuffed aren't you????!!!!!!

 

had liz not said that about the cheque - i would have advised you to ring the court tomorrow and tell them you have accepted an offer and could you delay the deadline - didn't know you'd taken it in - yes, i think that's the best bet - ring them - tell them you have just had an offer and will be accepting immediately - and could they just hold on to it (or as liz said - either hold or return the cheque) - just see what they advise - and if you aren't asking for the aq money - get that acceptance back tomorrow - after you see what the court says - you could see your money by next weekend. whoa....bet you didn't think you'd hear that when you got up this morning.

again - so pleased for you, nets - jamaica - get ready!!! she's on her way!

hope this is the start of a mega weekend.

it must have paid off all the emailing!!!!! they'll be glad to see the back of you!

[lateralus]

still cheesy grinning?