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traceyjsmith v HSBC ** WON **


traceyjsmith
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hi tracey I think you have got your dates wrong. if you filed at court on 14 dec, the earliest it would have been served is 16th which would give them until 30th Dec to acknowledge (maybe longer with bank holidays? not sure) and if they did that, 13th Jan to defend.

 

edit: check your notice of issue to see what the date of service was

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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?

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Thanks for responses, the dates on my notice of issue are:

claim issued 14/12/06

deemed served 16/12/06

defendant has until 02/01/07 to reply

 

I would still appriciate any answers to the question about the bailiffs

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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.

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Hi Tracy both Bong and Lateralus are correct for the different scenarios. What we need to establish is have they acknowledged? If they have then Bong's imetable is the one to follow and if they havent then latties advice you need to follow.

 

Log onto MCOL and ask for judgement this will clear it up, as it will not allow you to ask for judgement if the time has not elapsed.

 

Once you have done this come back to me.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks for all the advice, but I got a 2 letters this morning one from the court saying sorry we got it wrong they filed an acknowledgment on 19/12/06 so they now have 28 days from the date of service to file a defence.

Letter 2 was from the smarmy GITS themselves making me a very pathetic offer which I do not want to accept.

 

Do I still send them a rejection letter even though I have filed at court?

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hi tracey, yes send the rejection letter in the library amending it to say you have already started court action.

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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.

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Lateralus, I have just pm'd Bong this question. I am worried I may have screwed up.

When I sent my 1st request letter I went back to oct '00' because I sent the data protection letter in oct '06', the problem is I didnt't send the 1st request letter until nov '06' and the bank have pointed out that they can only go back until nov '00' so I have asked for £27.50 too much!!!

I don't know what to do next, I'm not sure if you can change the amount asked for in the court issue or just send a rejection letter and hope they are more bothered about court than £27.50??

Any thoughts?

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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.

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tracey it really doesn't matter about the £27.50. When they offer to settle they will deduct it and you will either agree or say why you think the 6 year limitation period should not apply to your claim. There are arguments for this and if you were interested in finding out more about it I'd suggest you do some research in the forum - there are quite a few threads that discuss the issues.

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  • 2 weeks later...

HSBC entered a defence on monday, I'm not panicking as I have read somewhere in the forum that they have done this before! Today I got my allocation questionnaire which doesn't look too complicated, the question I have is part G where it asks for other info that I think is relevent including info supplied by HSBC. A friend of mine said thay would ask the bank to disclose how much it actually costs them when they bounce a cheque etc (something I don't think they would want the public knowing about!!) so do I put this in here?????

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We are at the same place in the time line I got mine at weekend. Will keep an eye on your thread to see how you are doing.

 

 

Good luck.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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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*** (multipage.gif1 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.

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I too received my AQ at the weekend. They filed their defence on Thursday, 5 days before their deadline!! I'm scared now!!

 

So I have till 30th Jan and I have sent and faxed my schedule of charges a couple of weeks ago. Should I send them again? Maybe to refresh their minds and bring me to the top of the pile?

 

Anyway, we can all keeps tabs on each others progress. Good luck and I'll race you to the finish line!!

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Thanks guys, Lateralus the date my aq has to be in is the 1st feb. As my claim is under £1500 I do not have to pay when I send it in. I have not sent my breakdown to DG yet as they never asked for one, but will send one off tomorrow. What do I need to put in the covering note? Last question, does any one know what to put in section G on the aq, if I want full disclosure of their costs do I have to ask now or can I do it if or when it goes to court?

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Thanks Michael, thats a lot paper I need to provide!!

Does any one have a contact number for Kate Eaves, I have tryed the number in the contact page but it is on voicemail and the DG Solicitors are ex-directory canny gits!

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