Gullivt v HSBC

[gullivt]

what a brilliant site - got some really useful info. trying to claim charges back from HSBC (1543) i have sent my preliminary letter had no response issued by LBA letter and 14 day deadline runs out tomorrow. I'm a little confused about the court forms and wondering if someone can tell me do i just need to complete the AQ form and take the my local court or do I need to do the AQ and N1 or is it a N149. Getting really confused!! Please can someone help me please:)

[Michael Browne]

N1 Form for filing your claim

N149 Allocation Questionnaire(AQ) Sent to you by the court after the bank has filed a defence

 

See here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=31460

[Deller]

Hi and welcome to the site,

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!!

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[gullivt]

Heard nothing from HSBC acknowledging my preliminary letter and LBA letter. Therefore filed my claim form at Court on 20th Dec. Received a letter from Bank dated 21 Dec acknowleding receipt of my preliminary letter dated 15 November, they have said they will deal with my complaint by 12 Jan. Today 30th Dec received an acknowledgement of my claim from the Court now allowing them a further 28 days in which to reply. Can anyone let me know what is likely to happen now.

[cheddar]

Hi you need to be posting in the HSBC forum and also have a good read aroun that forum too see how HSBC handle their claims. At this point they can either defend or give you your money but the answer will be there for you in HSBC forum. Good luck

[MARTIN3030]

Hi your posts moved to HSBC with fellow claimers

[lateralus]

welcome to the hsbc forum,

we have all the answers and if we don't, we know someone who does,

so you are in the right place. just reading around a few threads here you will see you are exactly the same as others. well on your way to getting your money back.

the date of service - on your first paperwork from the court - starts the counting days - from that day (as they have acknowledged) they have 28 days to file a defense or you can press for judgement. as things go with dg (hsbc's in-house legal people who handle the claims) they tend to ignore you until the date of the defense then about 3:45 that afternoon - file a defense. but that is just the way they play the game.

meanwhile, now you have been acknowledged you need to do two things.

send 3 copies of your breakdown of charges to the court - address on paperwork referencing your claim number. just a line to say add this to claim no.xxxxx. then - look on pg 2 of the ackn. and find dg solicitors address - and possibly a contact name - send them a copy of the breakdown, also referencing your claim number. again, just a simply wording - and i like to say put a math equation in for them charges + court interest + court fee = total. just so it's down there for them in black and white. then that's it - sit back and wait.

should the 28 days pass and they don't file (you can tell on the mcol) - then quietly press the judgment button and you win. the button won't let you press if a) it's too soon or b) they have filed a defense. don't panic if they file - it just buys them another couple of weeks. most are getting their offers about the same time as the defense papers roll in. good luck - those who stick with it to the end are all getting their money. any questions????????

 

p.s. just reread where you filed - think you filed at court instead of mcol - not much difference - except ignore the parts about mcol - you'll get updated by post - although at the 28 day point - i think you ring the court and ask for judgment - someone will correct me if that's not right. i'm much more familiar with the mcol process.

[gullivt]

i attached a breakdown of the charges plus the 8% interest to my claim form so Dg solicitors should have this. I submitted it to the court in triplicate. They sent one to HSBC and returned one to me with my claim number. Do you think I should just sit back and wait for the 28 days to elapse. What does MCOL stand for?

[Jason1975]

Hi Gullivt.

 

MCOL = Money Claim OnLine.

 

I think I am correct in saying that you just sit back and wait but you are about 3 days behind me in your claim so please if I am worong someone correct me!!

 

Good luck.

 

J.

[lateralus]

well, i'll put my two pence worth in again. even though you sent the bank the breakdown and even though you attached to the claim,

SEND DG ANOTHER BREAKDOWN - it serves a couple of purposes - not least to bump you to the top of somebody's pile of papers.

they stall, and they stall, and then they stall some more - one of their stalls is to ask for a breakdown - so, that is one less stall - you've beat them to the punch. you'll have the address on the paperwork when they acknow. or it is in the forum stuff above - all hsbc contact details. it also gives you a reason to call them when things don't seem to be moving to "ask if they have received your breakdown details you sent". remember, we aren't dealing with you basic good will customer service people - dg likes to stall.......

[gullivt]

thank you for all your advice. I sent DG a breakdown of costs and still have not heard anything from them. I have since received a letter from the bank direct offering me £1296.88 when I am claiming £1543 plus the 8% interest and now the £120 court fee as they didnt respond within my time limits. Should I acknowledge letter and say "sorry your late in replying i am now dealing with your solicitors" or just ignore it. I guess i just ignore, but what you all all think. Also DG lodged the acknowledgement on 28 December 2006 this gives them an extra 28 days are these working days? perhaps someone could confirm for me.

[Jason1975]

I would ignor the bank, your now dealing with their solicitors (unless of course they offer you the full amount ). You have done everything you can now so just wait for the 28 day, the 25th of this month and then press the settlement/judgement button, cant remember what it is but some one here will tell you, on MCOL website. Just think in 2 weeks time pluss the time its gonna take for then to put your money in to your account you gonna be a whloe lot richer!!

 

J.

[lateralus]

going back to when you filed - just after that, you should have received a notice of issue - on it was your service date - you count from that date, as they have acknowledged, yes the total is 28 days from the date of service - if you don't have a date of service - figure you filing date plus 5 days. then start the 28 day count. on that day(i make it about the 23rd) - try to press the mcol judgment button - but it is fairly standard for them to file their defense on the last day. then you just have to wait for the defense papers and the aq and the transfer to a local court. most aren't hearing anything until the defense date or after. but, as you sent you breakdown to dg earlier - you could now ring dg just to ask if your details were received - it just bumps you up and sometimes gets things moving a bit. or you could just wait to see if they defend before ringing them. whatever - this is the quiet before all the action - it will all start happening for you soon. whether you choose to send a Rejection of settlement offer letter is up to you - if you do - use this one and just tweak it a bit to say, i have now filed a claim in court - claim no. xxxx and it will now require xxxxx.xx to settle this claim and halt the court action.

[gullivt]

i'm getting really confused!!! I received from the Court my "Notice of Issue" form stating my claim was issued on 20 Dec 2006 DG acknowledged on 28 Dec. From my calculations counting from 20/12/06, 28 days ran out on 17 Jan 07. I haven't heard nothing from court stating a defence has been filed. I am going to call them in the morning. As I have said in previous emails I did not issue my claim on line (MCOL) so can press the judgement button. I did it at person at the court as I work close by. Can someone confimr my dates are correct.

[lateralus]

yes, the 17th - get you little butt down to the courts tomorrow (or call) and if no defense has been filed ask for a judgment. it may be that you will get to file for a judgment - but here's a heads up - it may also be that they would allow the defense to be filed by dg even if it is late - apparently they give them some leeway. but, we have seen one case and waiting to hear on another one and funnily enough both were n1 as is yours. so, fingers crossed - contact the court tomorrow as early as you can and inquire about a defense and then ask for a judgment.

i'm getting the feeling dg is a bit lax on the n1 defenses - on the other two they didn't even acknowledge. but your timing is right. i'm keeping my fingers crossed for you. it would be lovely to get another one passed them without the need for their offer process. let us know what happens.

[gullivt]

damn they have lodged a defence on the 17th just my luck! The court have confirmed I should get a copy either today or tomorrow in the post with an allocation questionnaire attached. I am presuming I just need to fill this in return to the court and then wait again for maybe DG/HSBC to settle? Anyone know what DG are likely to do now?

[lateralus]

wait until you get the aq paperwork and see when you aq deadline is. don't miss it - but i'm saying don't file until you have to as in my reckoning - this moves you over into another holding pattern time frame - best to get an offer out of them between the defense and the aq deadline.

so, you sent dg a breakdown earlier (not hsbc - but dg) if not, get them one tomorrow - soon as possible - they will only ask for one and this saves a couple of days, then a couple of days later (or tomorrow if you already sent it) ring dg and ask if your breakdown has been received.

find slouhart's thread and read what he did - at the point you are now - he literally faxed them his schedule every day and got an offer in about a week - well before the aq was due - he is sure it was because of the faxing - basically the idea is to keep you in their minds and on top of somebody's pile - so ring, fax, e mail, and then ring again - asking things like: will i be hearing from you soon as my aq will be due "soon". did you receive my breakdown,? anything i can do to facilitate my offer? basically, if you want to be proactive about this - ring them every couple of days. can also say you wanted to avoid further costs both to them and yourself (as your claim is over 1500, it will cost 100 but if you end up filing - be sure you get that back when they do offer).

also, when your aq arrives - take some time to look it over - fill it in, - lots of help above - in the library stuff - jsut in case you end up having to file - do not miss the aq deadline - but you can hand deliver 4pm on the date due.

[gullivt]

thanks for your help - aq didn't arrive this morning I'm expecting it tomorrow. will keep you posted on progress.

[gullivt]

received defence and AQ in the post yesterday - defence pretty standard stuff really i suppose they use the same template defence for all claims. I have emailed debbie daubney at DG today asking her to confirm:

 

1. my breakdown of charges was received sent on 4 jan;

 

2. she is dealing with my claim;

 

3 whether HSBC are intending to settle, I mentioned the letter I received from service quality team and the offer which had been made.

 

I will call her this afternoon to discuss claim with a view to settling. I pointed out to her I am intending to submit my AQ before 5 Feb 2007 (the deadline) and that I will be adding the £100 to my claim if a settlement cannot be reached before this date.

 

will call her later and see what response i get.

[gullivt]

yipee !!! after my above email and leaving various voicemails for calls back re. my claim i got a letter in the post this morning confirming they are prepared to settle in full (£1954.08) just need to send signed letter back to them and then my refund will be made.

[nettyg]

well done!!! make sure you have the cheque/money in your account before halting proceedings at the court. when you get it, inform the court that the matter has now been resolved - ta very much!! lol

congratulations once again - another success

netty

[lateralus]

excellent news - very happy for you. it's made my sunday - bet it's made yours. here's some info:When You Get Your Refund

keep the claim alive until you have your money - if you don't have it by frid. - ring the court and tell them you've accepted an offer and are awaiting payment - ask them to delay the aq deadline.

job well done,

spend wisely!