me v HSBC - MCOL stage & onwards!

[jenny376]

Hi

I have literally just completed the MCOL form. I am a little unclear on the length of time i now have to wait until i need to do something else. If the bank ignore my service its 14days i think - but is that working days or include weekends? What about christmas day & boxing day? Help someone please!!!

[jenny376]

Also - i've given my local branch address rahter than a head office somewhere - thats ok isnt it?

 

Jenny

Prelim sent to HSBC 09/11/2006 for £899.09

no response

LBA sent 08/12/2006

no response

MCOL filed 19/12/2006

[lateralus]

i don't think it will matter - as long as you are the claimant - and hsbc is the defendant i think you will be ok.

as for dates - you filed on the 19th - add 5 days and it is considered served (24th), they have 14 days from then to acknowledge (which they usually do quite quickly - they then have another 14 days to file their defense. all of these are just calendar days and as xmas, et.al are just days - count them all. if (when) you receive an acknowledgment - they will tick their intention to defend - so you will send 3 copies of your breakdown to the court - referencing your claim number and then 1 copy to dg solicitors - their address will be where they tick intent to defend also referencing your claim number. add your totals for them - charges, plus court interest plus court costs. that's all you do for now, wait, you'll get notice of service, then notice of acknow.. that's when you send those copies.

[steve_n]

The courts work all days except public holidays, so . . they will be 'open' as usualy next week 27th - 29th

 

Steve.

[jenny376]

Thanks so much! Will keep this updated with my progress, so good to feel that your not alone!! Much appriciated.

[steve_n]

Oh . . your certainly NOT alone, and any help (or hindrance LOL) is supplied freely and with our compliments !!

 

Best of luck with your claim Jenny !!

[lovethedam]

Good luck Jenny, im at the same stage as you im filed mcol on 30.11.06, recieved acknowledgement on 1.12.06 then got the letter from debbie d'aubney at d g solicitors and am now waiting, waiting, waiting...

[westwalian]

Hi Jenny =- HSBC have just submitted their defence via MCOL yesterday therefore I'm waiting for the AQ stage!!

[jenny376]

Hi - HSBC entered a defence on 29th Dec, so i have to wait 28days - do i have to do anything within that time, fax any paperwork to DG or just sit it out?!

[lateralus]

i'm just checking to see where you are - what is the paperwork you just received? notice of acknowledgment with intention to defend ticked? if you haven't already - send the court 3 copies of your breakdown referencing your claim number and send dg 1 copy also referencing your claim number. get back and assure me this is the latest paper work you've received - i'm a little mixed up. if they have actually entered a defense (instead of ticked their intention to do so) then they are a bit early and we need to rethink - so get back, please.

[jenny376]

Thanks for your help. HSBC ticked the "intend to defend" box on the Response Pack. Should i fax off the breakdown to the court & DG now? (By breakdown, do you mean the Schedule of Charges?)

[pointsgirl]

Thanks for your help. HSBC ticked the "intend to defend" box on the Response Pack. Should i fax off the breakdown to the court & DG now? (By breakdown, do you mean the Schedule of Charges?)

 

Yes send your schedule of charges to Dg and 3 copies to the court

I sent mine last week

Have not got any response from DG yet

My 28 days are up on the 23rd jan

Good luck with your claim

[lateralus]

and reference you claim number on those letters.

[jenny376]

Thanks. I have faxed my schedule of charges to DG but not the court yet - DG left me a voicemail message saying they are reviewing my claim & settlement offer is expect to arrive this week?! Am shocked and not holding my breath as they still have a week to enter a defence?!

 

Also, thought i'd pass on that HSBCs Colin Langdale sent me a partial payment letter this week! I really dont think they know whats going on as i filed my MCOL 29th Dec! Bit slow of him.

[lateralus]

sounds interesting - let us know what happens..........

[pointsgirl]

I am jealous I filed my MCOL on 21/12/2006 and all I have had is a letter from Colin langdale saying he was 'investigating' my claim this was dated 29th December but not one offer either from HSBC or DG

What have I done wrong?

 

Hope some of your good luck rubs off on me

[lateralus]

pointsgirl - yours is more typical of what happens - they will file defense next week. did you send dg a copy of your breakdown yet - if not, do so, now. referencing your claim number.

[pointsgirl]

pointsgirl - yours is more typical of what happens - they will file defense next week. did you send dg a copy of your breakdown yet - if not, do so, now. referencing your claim number.

Thanks but have already done that (have checked on the royal mail site it was delivered on 8th jan)

[jenny376]

Hope all is going ok with your pointsgirl - am getting totally confused. DG left me another voicemail contracticting the 1st, now they are just "reviewing my case & can give me no timescale"!! No mention of payment at all. I havent recieved any paperwork either - when should i do this AQuestionnaire? is it downloadable? How do i check if they've entered a defence or not? Everytime i call DG i get someones voicemail. The Deadline for them to enter a defence is 22nd so am anxious that i may have missed the AQ. Plus i couldnt find a fax number for the court so havent sent the 3 breakdown copies! Am i jumping the gun, is this all the stuff i need to do once they enter a defence, or should i be doing it all now?

[jenny376]

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Join Date: Jun 2006

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Re: raxtyjaxter Vs. HSBC

after the 28 days, if they haven't filed defense - you press for judgment and you win, but mostly they file at the last minute. then you receive a couple of days later, a change to your local court, a copy of their defense and an aq to fill in. look for the aq deadline and mark it on the calendar - your aq must be in by that date - i don't see the point in sending it any earlier than it is required as it costs 100 (if your claim is over 1500), so just keep it in mind and don't let the date pass. chances are very good that they will settle before the aq is due - nearly all have.

 

Hi - just found this on another thread - i think this answers all my questions as my 28 days arent up yet, not no paperwork yet. I was probably a little hasty with faxing my breakdown to DG so maybe thats why i'e had conflicting voicemail messages. How do i check if they've entered a defence on MCOL please anyone????

[Michael Browne]

If you log onto MCOL it will show what stage your case has reached.

[pointsgirl]

Mine is still saying acknowledged 29/12/06

No sign of them putting in a defense yet

It bet it will be monday or tuesday next week

 

Then I understand we move into the next stage when we are allocated to a local court. Its then we are sent the allocation form which has to be sent back 14 days after issue

 

Correct me if i am wrong anyone

 

We dont send the form back to the last minute this gives DG hopefully a chance to make us an offer

Lets hope it does'nt get that far

[lateralus]

you've got it, pointsgirl,

just wait until they defend (or not and you press for judgment)

when they defend - ring dg to see if they received your breakdown.

this just moves in to another holding phase and i advise a lot of noise from you to dg to spur them into acton.

[pointsgirl]

Well today they have defended (have just checked the website}

I will phond DG tomorrow to see if they have got my schedule of charges and then just wait for the paperwork to arrive from the courts.

It will be interesting to see what they have put up as an defense

[lateralus]

it will be the exact same cut and paste job they have sent everyone else - you'll find it on several threads - everyone thinks they are special - sorry! it's all the same and with any luck at all you won't have to file that aq, but you can get it ready anyway - let us know your aq deadline when it arrives - but now you start bugging dg - as you said - first to see if your breakdown has arrived, then anything else you can think of to spur them into an offer before the aq is due.

 

jenny, yours will probably show defended soon. then you will shortly receive all the paperwork mentioned above - then start bugging dg. if, by chance, they don't defend (99.9% of the time they do - i think it's programmed by computer to file on the last day) but if they don't press that button - it won't let you before the right date and if they've defended it also won't let you.