Marc v HSBC

[lateralus]

are you saying the offer is from colin or from dg.????? either way i'd respond.

if it is from colin - say you 've now filed a claim and would require xxxxx to settle and halt the claim.

if it is from dg, this is very good news - as you send you rejection - saying, thanks but no thanks, i require xxxxxx to settle the claim and halt the court proceedings. if it is from dg - past e xperience says you reject and you'll have a new offer (100% hopefully) within a week, so the quicker you reject it - the quicker you will have your new offer.

 

Rejection of settlement offer

[marc1977]

The letter is from colin langdale. I will reply and post today address directly to him.

[marc1977]

Got a letter from mcol, northampton court saying a defence has been filed. Received allocation questionnaire. Can anyone give me some advice or are there any threads which provide advice on its completion?

[marc1977]

found an answer to my own question! what tends to happen from here now once i have sent off the AQ??

[Michael Browne]

See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

 

 

 

Section G:

 

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

 

And:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[marc1977]

Thanks michael however my claim is for less than 5000 and as I read the completion guide that txt is for such claims? Have I interpreted it wrongly? Or does this suffice in either cases above / below 5000?

[Michael Browne]

Have I interpreted it wrongly?

No not really, but even though your claim is below £5000, until a judge decides, in theory it can be allocated to any track. You are merely underlining a request for small claims plus asking for Standard Disclosure (normally only Fast and multi-track.)

 

The proposed Direction Order effectively tells you to produce your court bundle (something you would do anyway eventually), but orders the bank to reveal a breakdown of their costs (something they will never do)

[marc1977]

Thanks again, do you have any idea roughly of the timescales I am looking at for this to all be drawn to a close... deadline for AQ return is 30th Jan 07

[Michael Browne]

If it went all the way to court proably April/may, but if you send a copy of the AQ and DO to DG, you'll probably get full offer within a couple of weeks.

[marc1977]

sorry forgive my ignorance DO=?

[Michael Browne]

Direction Order

[marc1977]

Got my AQ completed, but I'm a bit confused by exactly what I should attach with it? Particularly the DO im a bit confused by what it all means.. Ive read different bits on here but I think its a cant see the wood for the trees thing. Can anyone give me an idiots guide? I know i need to send a copy to DG with list of charges with a copy also going to courts).

 

I dont want to slip up at this stage and it take any longer than it needs to now.

[Michael Browne]

The proposed Direction Order effectively tells you to produce your court bundle (something you would do anyway eventually), but orders the bank to reveal a breakdown of their costs (something they will never do)

 

Sorry, I don't know how else to explain it in simple terms. You're asking the judge to issue a DO that orders you to do something you're perfectly willing to do and the bank something they have so far refused to do under any circumstances and if either side fails to do so the case will be struck out.