Flunky v HSBC

[flunky]

I am really worried about all this. I am not in a position to loose any more money. I have been reading lots of threads on everything from DPA request to mercantile court. I am really confused on the court process and how mercantile affects me and my claim. This morning I thought I was ready to submit court papers but now feel totally deflated.

 

Can anyone help ? Is there a simple guide ?

 

Must sound a complete dunce But I am genuinely worried. You guys seem to be very well informed and very confident. I wish I could afford to be.

 

Apologies for posting in general but I think my issue is not specific to mrcantile section.

[itsamomentintime]

can you explain:

 

how much you are claiming and against which bank

 

how far down the process you are

 

have you sent any letters, etc

 

 

elaborate please

[lookinforinfo]

Like you,the vast majority of us when we first came on this site knew very little about unlawful charges, the Data Protection Act etc etc.

I assume that you are thinking of using the Mercantile Court because of the

size of your claim? If so, you can split the claim in two, perhaps by first claiming for 2000-2003 and then 2004-2006 to get round the problem.

 

Don't give up however, there are too many who have reclaimed all their

unlawful charges on this forum for you to become despondent at this stage.

 

Just go for it. And if you need something specific-just ask us. Make sure

you have read the FAQS and the step by step guide, along with threads

in the section of the bank you are reclaiming from to see how they react

to our letters.

When you get your money back we will all send you our begging letters.

[flunky]

The amount is £4,239 from HSBC. I have sent first letter and also the letter prior to court proceedings. I am the stage Where I am about to submit the MCOL form and I cant believe I bottled it.

 

It is to do with all this mercantile procedure (it worries me) and the whole process of court totally dumbfounds me. AQ's and the like. Have read loads of other articles at the court pages and a lot of threads / FAQ's from this site. The more I read the more confused and less confident I am.

[Michael Browne]

Let's worry about one thing at a time. Only a tiny number out of the thousands of claims are being heard (well, actually they're not being heard at all) in the Mercantile Court. You can only be transferred to Mercantile by a judge.

 

You are below the £5000 limit and therefore small claims track. If, by the smallest chance, you were transferred to Mercantile since it would be by order of the judge, it is likely that the small claims 'no costs' principle would still apply, but that there would be Standard Disclosure ie the banks would have to reveal their costs, which they won't do. So they settle, rather sharpish.

 

And the next worry is...?

[itsamomentintime]

submit the claim, mke sure that you have a schedule of chrges and send a copy to the bank and the court, and keep a copy for yourself

 

then just wait

[flunky]

Thanks, nice to get a bit of encouragement. It is very daunting if you do not know how these things work. I got a lot of encouragement from the Money porgramme.

 

I have now done the MCOL the worst that can happen is lose £120 and not get back what the g*ts took from me, which I lost already.

 

14 days. Cannot wait. Bring em on.

 

13 Decmeber 2006 - MCOL sent.

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

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 the total amount of my claim, namely £(AMOUNT).

 

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

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[flunky]

Thanks for the info on the schedule.

 

I have printed it off and will send. I kept seeing this in the threads but was unsure as to timing, so that cleared that up.

 

You guys ROCK !!!

 

Best 5% I ever spent .

[flunky]

Oops meant to put this in the previous. Spoke to MCOL they said they allow 5 days postage. I keep seeing less time than this. Any one know about this ? as it would mean total of 19 days before judgement.

 

Ps Michael I am not claiming interest so I assume I just take out section ref interest.

[Michael Browne]

Deemed date of service at MCOL is always 5 days after issue, so its 19 days to acknowledge and 33 to defend.

 

I am not claiming interest so I assume I just take out section ref interest

.

 

Yes, pity it's money for the asking, never mind.

[flunky]

Thanks for clarification.

 

Also this is heading to HSBC.

 

Do I need to get thread moved ?

[lucid]

Hi,

 

You might prefer to have this thead moved to HSBC so that other customers can compare their progress against yours. You don't have to but I think that most users tend to have their threads in the relevant bank forum. All you have to do is PM one of the MODS - and if you want your title changed you can also ask them to do that as well.

 

Good luck with your claim. Lucid

[flunky]

They have acknowledge the claim.

 

I need to send off the charges summary. Other than to the court how do I find out where to send them ? eg Solicitors.

 

13 Decmeber 2006 - MCOL sent.

15 December 2006 - Acknowledegment

[Michael Browne]

It will be on the Notice of Acknowledgement

[babsp2000]

Right down at the bottom...it'll either be Deb D'Aubrey or Rachel Tomlinson I think!

 

Babs x

[flunky]

Thanks,

 

Will this be on a posted acknowledgement or can I get this from elsewhere ?

 

 

 

13 Decmeber 2006 - MCOL sent.

15 December 2006 - Acknowledegment - on MCOL

[Deller]

It will be on a posted acknowlegement.

[babsp2000]

Yes, they'll post this to you to say that your claim has been acknowledged and who the defendants solics are.

[flunky]

As always many thanks.

 

So thats when the count down starts.

 

Are there any in depth court threads to rea ? Want to know whats next etc.

[babsp2000]

LOL, a long wait!

 

Just wait for the 28 days and then either they'll file a defence in time or they won't, you'll get excited, press the judgement button and they'll submit a late defence anyway - they are sneaky!

 

Anyway after that shenannigans you'll get a) an Allocation Questionnaire to fill in and give them more time to dilly dally around or b) a letter offering the full amount or perhaps c) both within a day of each other and then its a race to get the money before you have to file the AQ!

 

Its all fun!

 

Babs

[flunky]

Just had a thought.

 

Does anyone think it would be possible to claim the interest as a seperate claim or does it have to be included in the initial claim.

 

Apologies if this has been asked before could not see it.

[flunky]

Thanks Babs,

 

I did not see your new post before I put mine on.

 

Congrats by the way. Have been keeping an eye on your progress.

 

Lovely christmas pressie. Enjoy.

[babsp2000]

LOL thanks Flunky. Umm as far as I'm aware it all goes as one....you do know you aren't claiming for the 8% until court time don't you? Best to ask Mammie Lateralus or Bong...they are some very helpful ladies who in fact must be the 2 halves of the fountain of knowledge!

 

Babs

[flunky]

I am not claiming interest (sounds of Boo, Hiss me thinks).

 

Was not really sure at the time of how and where and I admit this was an error on my part.

 

If they play up then I would consider starting again and going for a higher amount. I would of course let them know this. So hope they pay QUICKLY.

 

This is why I am wondering whether I can get JUST interest as seperate claim later.