HSBC (Holy Son of a Bank Charge)

[babyfactoryxxx]

hi there, SAR sent on 11th November, letter back (including my cheque back for £10) and statements within 2 weeks, request for charges £1634 sent on 8th Dec, no reply, LBA sent 29th Dec, just waiting for reply they have until 12th jan otherwise have already printed 3 copies of N1 with all my info on inc £120 court costs, interest at £0.35 per day etc but have no idea where to send it!! any help after this point would be much appreciated! thanks

[Guest ian cognito]

The N1 will go to your local court. You can either post it or take it in yourself for a nosey round!

 

For court locations see http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Good luck.

[HSBCrusher]

You will need to send this to your local court, either post it or take it there by hand (I like this option... lots more fun! )

All the best with your claim, you are quite well along, so not too long to wait!

[HSBCrusher]

Hello Jan, didn't see you there.

[babyfactoryxxx]

thanks guys, will take it myself, the post just seems such a long way round! and yeah i wanted to have a look round anyway!! i'm looking forward to my money back.. they've both had it for too long (RBoS-Right Bag of[edit]as well) (quick question, would you both mind having a look at my thread on RBS bit as well as there's a bit about court costs for Data protection and the process for this?? after 40 days has exp.) cheers

[lateralus]

, you are quite well along, so not too long to wait!

 

i like it crusher! considering the username is babyfactory!

 

when's it due?????????????

[babyfactoryxxx]

ha ha ha!!! I had 2 boys a year apart, not expecting any more anytime soon but yeah the quote is quite fitting!! lateralus, are u trying to say I've put on weight... (you could say I've lost a few pounds since being with HSBC!!)

[lateralus]

oh, such wit! i'm going to like you - i'd look at your thread but probably wouldn't understand it - they will. my forte is the bog standard following of hsbc's trail to get it back and what to expect next so i'll help where i can. good luck - sounds like you've done your homework and may not need much.

[babyfactoryxxx]

we'll see! am just in the middle of submitting a claim form online and copy/pasting all the answers from the FAQs-fells like i'm cheating as don't understand a word of it! but they've (hsbc) have got a while yet so am just going to save the forms on there until 12th jan...

[babyfactoryxxx]

taken my court claim form in to courts yesterday and a nice lady there said i should hear something back quite soon.. anyone know how long it takes from this stage to get my money back as repayments on my managed loan from hsbc need paying off...

[HSBCrusher]

A little while yet.. from here (if it goes as it is at the moment) you have about 6 weeks I suppose.

[babyfactoryxxx]

funny that, received offer letter today for £1388 (claim is for £1634), i'm thinking that they only did this to [edit] me off cuz it wouldn't be such a bad offer if i hadn't just paid the court costs i would accept it.. i think i might accept as part payment and advise them of court proceedings already submitted. does anyone think this would be a better idea (court claim would be £1754 plus interest, so their offer is £366 under-not including interest).

[lateralus]

that's fine - use the rejection of settlement template and tweak it to read as you said above.

i think it is all computers - you file - they send a 80% offer - it happens too many times to be a coincidence - why wouldn't they offer that earlier - it's a ploy to weed out the weaklings! carry on! don't look back!

[babyfactoryxxx]

cheers lateralus, i've got the letter printed off and ready to go, just waiting now i guess (speaking of which, my claim with RBS is takin ages, haven't even got statements back yet but filed N1 form on 8th jan for data protection-and i think you'll get this- i paid the court fee for a court order and damages with an RBS cheque!! how ironic!

[lateralus]

irony is my middle name, cool!

[babyfactoryxxx]

submitted my court case-judgement day was on 12th march so sent my form back to the courts-not heard anything back yet so will give them a ring on monday to what the crack is. can anyone tell me how long it takes for a judgement to be enforced.. ie when i will get a cheque from HSBC?? cheers.

[givememymoney]

The stardard process with the courts and HSBC is for them to be allowed another 2 weeks to submit their AQ then their defence will be struck out.

[babyfactoryxxx]

sorry to sound daft but what does struck out mean? they basically have 2 weeks from when i ask for judgement as a final final deadline then will i get a court date or does the court just tell me of the ruling? (thanks for your post by the way!)

[givememymoney]

What typically happens is that the judge will send out an order to HSBC/DG telling them to file their AQ by a particular date (usually 2 weeks from the original one) if they don't then the judge will declare that you have won by default. If they do file their AQ within this time then you will have to wait for a court date.

[HSBCrusher]

not heard anything back yet so will give them a ring on monday to what the crack is

It might be an idea to give DG a nudge by means of a letter or quick call. A default judgement just means greater delays....

[lateralus]

you two are talking about two different stages - but the practicalities are the same -

they had 28 days to file a defence - they didn't file one - had they filed, you would have received paperwork including an allocation questionaire which would have been due back in about 2 weeks. you would have filed it and if they hadn't filed theirs you'd also be contacting the court to see if you could get their defense thrown out. just a slightly different stage, thought i'd clear it for bf and gmmm.

but back to bf and them not filing a defence. as with all the deadlines for the defendent - the court seems to bend over backwards giving them an extra week or two to file (makes you wonder why they give deadlines - should call them dyinglines or hangingaboutlines but deadlines is a mockery)

so, the court will give them extra time and i've only seen a couple in all these months where peeps got a judgment. best scenario - as crush says, send them a letter - i'll tweak one hear for you if you like and in general, dg will hold up their hands and say ok - we missed that one.

keep in touch with the court side of things - by ringing the court and just nicely keep saying what happens next.... they are very accomodating.

see if this works for you:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have not filed a defence in this case which was due on xx/xx/07. Please find enclosed a copy of my schedule of charges relating to this claim.

 

I would remind you that with the filing of the court claim, I will now require the addition of that fee to my claim.

 

I am mindful of the vast number of claims with which you are currently dealing. I would remind that I require £xxxx.xx in total to end this claim and for me to halt the court action. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Sincerely

 

 

 

 

 

 

have to dash - didn't want to loose this, i'll be back in a bit to proofread it

ok, back now:

i was looking for this from crusher:

Remember, its actually best to try not to get a win by default.

You are better trying to ring debbie and get them to put in a defense, (although this is something that goes against my intense will to get the bailiffs in on hsbc...:grin:) as a default judgement normally results in loads more delays. The judge WANTS to get this case heard, not won on a technicality.

 

take a look at this.....

 

default judgement

so, look at that link and this is the letter from that link:

__________________

 

Quote:

:

Dear

 

Claim Number 7XX00000

 

You have not filed a defence for claim number 7XX00000 at (Town) County Court, and the time to file a defence has now passed and judgement in default has been/will be granted.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file for Judgment in Default/apply for a warrant of execution.

 

Yours sincerely

i think i like the one from the link a bit better - but there are a couple of options - yes, i'd def send them a letter.

[babyfactoryxxx]

thanks very much you 2!do really appreciate all this as starting to get a bit worrying and haphazard in these later stages as all other cases i have read seem to take different routes. i'll have a read of the letter in the link and send one off 2moro and ring the courts as well. (ps lateralus, what were you doing up at a reasonable hour??)

[lateralus]

i never sleep - i just sit here 24 hours a day, watching and waiting for someone to help!!!!!!!! ta-da - it's lats to the rescue....................

i'm actually trying to beat netty to the newbies!

[HSBCrusher]

well you usually beat me to them.

 

 

 

[babyfactoryxxx]

hiya, sent a letter to DG telling them that time was up, one week to file a defence or else etc.. they filed a defence and now i have an allocation questionnaire.. due on 23rd April, i can fill in the AQ but what happens now? the defence says what i guess everyone else's does, that HSBC deny everything and that they are in the right... i'm starting to get a bit worried now, what if the judge doesn't file in my favour? and do i have to pay another £100 on top of the court fee I've already paid?-can i claim this back too? HELP!!!