traceyjsmith v HSBC ** WON **

[lateralus]

tracey, the mcol is very simple and easy to use. spend a little time looking at the site and even open your account, and get as far along as the particulars - work on them to get them just right - look at others on this site, it's a very small space - but you only need to be very general in your claim. just play with it for the next little whicle and when your 14 days is up - you will be ready to pay the fee and submit. the fee becomes part of your claim at that point as does the 8%, so your claim at that point will have just gone up a good bit.

don't be surprised if you don't hear at all until you claim or possibly receive an offer from colin langdale just after you file your mcol. both are par for the course. just keep going - you are closer to your money with each passing day. as for your question - can only comment on mcol - very easy!

[lateralus]

i'd pm someone and ask if no one gets back to you soon, lively lad will know as will crusher - well done, i think you sneaked one past them.

[lateralus]

doesn't it look like the acknowledgment slipped by them - else why would the clerk tell her that? filed on the 14th, deemed served 19th, + 14 = 2 Jan., I think they didn't acknowledge which means, judgment. hope so anyway. still needs the question answered -

bailiffs the way to go?

[lateralus]

tracey, i know you filed an N1 but found this on the mcol site:

What if the defendant ignores my claim?

 

If the defendant chooses not to respond to your claim, you can request judgment by default, online. MCOL will prevent you from doing so until 14 days from the date of service have passed, or 28 days where the defendant has filed an acknowledgement of service. The date of service is calculated to be 5 days from the date your claim was issued.

You may request judgment by default through Money Claim Online by selecting the Judgment Start option

You will be asked to decide whether you want the defendant to pay your claim by instalments or in one lump payment. If you have claimed interest as part of your original claim (i.e. you included details of interest claimed in the Particulars of Claim), you are entitled to claim interest from the date of issue up to the date you are requesting judgment.

Once you have submitted your request for judgment by default, MCOL will deal with your request. Where it is received before 9am on a day when the court is open, the request will be processed at the end of the day: where it is received after 9am, it will be processed on the next day (again, at the end of the day) when the court is open and may not appear on MCOL until the following day (see viewing the progress of a claim).

This means that, if the defendant files a response (an acknowledgment of service, a defence or a part admission) with the court by 4pm on the same day as your request is to be processed, the response will take priority over your judgment request.

 

again, i know it's mcol but the idea is the same - get the judgment started as soon as possible as it looks like they can still delay it if they file their acknowledgment late. i'm sure crusher has said before about sending in the bailiffs and the part about payment in installments - you want a lump sum. will try to get someone to look at your thread.

 

pm'd lively lad - he'll be along to advise.

[lateralus]

so now we know they've acknowledged - you need to send dg a breakdown of charges - yes, i know you've sent umpty-ump already - but send one more to dg - address on ackn. paper, referencing your claim number.

[lateralus]

oops, see next post.

[lateralus]

i would first send the breakdown to dg and put your claim number on it

plus i'd do a little math breakdown for them - like:

charges claimed for:£xxxx.xx

interest £ xxx.xx

court fee £ xxx.xx

subtotal £ xxxx.xx

minus chrg oct.00 - 27.50

total £ xxxx.xx

 

my thinking, might as well be up front about it. saves them stringing it out later.

 

as for the court - i'd call and explain that you inadvertantly added a charge that would now be prior to the allowed date if you are going by the six years (i know some have claimed and gotten it - they must be going over these with a fine tooth comb now), ask the courts advise - i think worst case scenario is you would have to file the correction thingy for £35. but i don't think you will. this would be my advice.

 

my last word on this: do whatever bong tells you to do - she is one clever lassie and won't steer you wrong. or pm livelylad, he's very knowledgable. my advice above is my own brand of grass roots common sense and may not work.

[lateralus]

see, i told you she would know what to do!!!!!!!

when in doubt, ask bong!

[lateralus]

firstly, i always advise this way - first what is your aq deadline?

leave the filing until the last minute (figuratively)

if you sent dg your breakdown when you were acknowledged -ring them and ask if they have been received - then tell themyou will be filing your aq "shortly" and were wondering if you might be hearing something from them soon. if you didn't send dg your breakdown before, do it now - pronto and then do the above.

as for the aq, there is loads of help on here, i'll find the stuff:

Bex v HSBC ***WON*** (1 2 3 4 5 ... Last Page)

Bex7 start on page 4 , post 70 and read down for 4-5 posts - read bong's advice about the new strategy - all the links are in bex's thread.

 

it never hurts to start looking at the aq and gettingyour thoughts together -but hopefully dg will offer before and you won't need to file it.

[lateralus]

also, as i said in my pm - check that bex thread above - bong wrote it out word for word.

and for others watching, here are some dg numbers:0121 455 2206

0121 455 2660

0121 455 2111 (Debbie)

0121 455 2196 (Katie

[lateralus]

ok, put that aq to one side - you may never need it - just get that breakdown to dg, then follow up to see they have it and ask if you might be hearing from them soon - as your aq is due "shortly".

[lateralus]

i love that!!!! what if everybody did it, can't you just see them all drowning in fax paper. what a laugh! congrats, slouhart on your win.

well done!

[lateralus]

tracey - any word yet?

got the aq filed? they have to file one too you know and if they miss the deadline (sometimes the judge give them 7 days to get it in) you could win by them doing nothing (which they are good at!). so, filed your aq?

i'd ring the court on monday and ask if the other side has filed theirs, and if not - i'd ask.. so what happens next?

[lateralus]

if they don't file within the time (as the judge may give them 7 days) their defense will be struck out and you win. also, just keep an eye on your account balance - they don't want to make a song and dance of it - they may just put the money -all of it- into your account. or... you could get a reduced offer (they find something to cut it for -just ignore it) shortly ...or maybe they will just see the light and offer it all. good luck - keep on top of it with the court.

[lateralus]

take a look at this one - gpm vs HSBC bank - Their Defence Struck Out (1 2) i'm trying to find out how this works but in the meantime - fax away - it can't hurt.

[lateralus]

if you want wording for unless letter - try bong's t hread last post or two.

still trying to get answer on when - but can't hurt.

also, try ringing dg again today - i still think you can bug them into action.

 

i feel like they are all just sitting there watching them all go to aq - having nervous breakdowns or whatever - maybe they'd like to clear a few out - try it.

[lateralus]

gee, go away for a couple of hours and see what happens!

you've had them all here today trace - crusher, bong and a mb letter. - you've had it all. so, ok with all of it - write your own acceptance letter - only dates from the beginning of claim and i guess you got it all - mcol fee? good on ya, i think you're there!

[lateralus]

how about asking for the amount they aren't paying up on as the fee for the confidentiality bit????????? good try!!!!!!!

[lateralus]

they are so bogged down = we can hope they don't notice.

[lateralus]

well done, girl - really, really pleased for you!

[lateralus]

tjm, yes, good idea - don't inform the court til the money arrives

[lateralus]

click on blueskies vbmenu_register("postmenu_254163", true); , find where it says send blueskies a pm and click and just ask blueskies to move you into the success threads. let the courts know it's resolved.

glad to have helped a little.