Raoul Duke V HSBC

[RaoulDuke]

Howdy all

 

So now I wait for some coresspondance through the post? Does any one know of a good link to look at so I can prepare my next load of paperwork?

 

The step by step guide for beginers seems to have dried up!!!

 

Cheers in advance Raoul

[lateralus]

in a day or two you will receive from the court - a transfer to your local court, a copy of dg's defense and an allocation questionaire. look on the aq for the deadline - that's the important bit. you will fill it out and send it back in (with another 100 if the claim is over 1500)- (add it to your claim). don't be in a hurry to send it in - wait until it is almost due and in the meantime - ring dg and see if they received your breakdown, and then ring a couple of days later to see how it's going and then a couple of days later to see if they need any more info from you - get the idea? it's to keep your claim up near the top. they often make an offer just before the aq is due - and no sense paying the 100 only to have them offer and you have to say oh, yes, by the way that's another 100 because i sent off the aq. so hold on a bit.

 

as for the aq - start looking at this:Allocation Questionnaires - A guide to completion a step by step guide to filling it in.

and this:New strategy for Allocation Questionaires read other threads and we'll be along later to tell you how this applies - keep posts 2 and 3 handy.

[RaoulDuke]

Laterus.... you are an absolute star!!!!!!

 

Had teh AQ documentation waitingon my doorstep when I got home last night, will spend soem time reading through it today and the other relevant posts.

 

Thanks Again

 

Raoul

[lateralus]

what's you due date ? - and i mean the aq - not the sprog. were you the one whose o/h is expecting - if not - ignore the above comment (lol).

[RaoulDuke]

Oh yes I'm about to become a proud father for the first time!

 

AQ (last date for filing AQ with office) 18th March

 

FTO (for sale!) 19th Feb

Diesel Salon (car hunting!) 28th Feb

DIY (date for completion) 8th April

Peanuts (date of arrival) 21st April

[lateralus]

raoul, have you got that aq ready to go? need any help. don't let the impending birth make you forget the deadline.

let us know if you hear anything.

here's a thread i wrote to help with the next bit............

When you have filed your AQ................ (1 2 3 4)

lateralus

[RaoulDuke]

Hi Laterus

 

Thanks for the nudge, I'll do some work on it today and post what I plan to send on the forum later this afternoon.

 

Cheers

 

Raoul

 

PS: DIY still on going!!!! Car not sold!!!! Baby Peanut on her way!!!

[jimmyjamjar]

Hi there everyone - just wanted a bit of reassuarnce that I'm doing the right thing really.

 

I have already written two letters to HSBC anf recieved the standard letter back from them saying they are looking into it. Yesterday I filed my claim on MoneyClaim and paid the £120.

 

I'm a bit unsure of what to do now. Do I need to send the statement of charges to Moneyclaim now? Or wait until they get back to me (i'm not even sure who my local court is).

 

I'm feeling a little bit out of my depth, but am determined to go all the way!

[lateralus]

when you get your paperwork from the court - send them 2 copies of your schedule of charges - referencing your claim number.

the solicitors have 14 days from the issue date to file an acknowledgment - they will and that gives them another 14 days added to the first 14 in which to file a defense. at the acknol. page 2 is dg's address - so when you get the acknowledgment send them a breakdown as well and reference your claim number.

 

best to start your own thread in the hsbc forum - just look for the new thread tab - that way we can help you and find you much more easily.

keep track of everything - let us know how you are getting on.

[jimmyjamjar]

Hi thanks lateralus - have just started my own thread now

 

(sorry to crash this thread btw!)

 

OK will hold fire until I hear from the court

[RaoulDuke]

Hi Laterus

 

Think I've got it sorted, I was sent the N150, my total claim is over 5k but thats after interest.

 

I'm filling the form in with teh relevant bits, some feed back before it goes would be great if you have a spare bit of time. (Jimmy no probs on the gatecrash good luck).

 

Location of trail : Birmingham. I am a private individual, and claiming against a company who carries on business in this location,I feel the case should be heard locally to my residence.

 

Track: The claim figure is below £5000 before interest is added.

 

Proposed Directions : I have attachted a list of proposed directions (the ones recomeended)

 

Other Information : The Claimant respectfully suggests that special directions may be made as per the attached draft order.

If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Hows that? Also do I intend to make any applications in the future?

 

Raoul

[lateralus]

looks fine to me - might add in the third last line about it being just over the 5k mark. we found a good sentence that netty used - look back over her thread (if you can stand it!) to where she was filing - hers too was just over 5k and the n150. that's all i see at first read - i'll look again later.

[RaoulDuke]

Hello all, AQ forms all sent off with next day delivery on Thursday 15th March, AQ deadline was 18th March so I'll ring the Court on Monday and see if DG have filled theirs in time.

 

Cheers

 

Raoul

[givememymoney]

The most likely thing to happen is that DG won't file their AQ they then get an order from the judge to file it within the next 2 weeks. Effectively this just gives them an extension to the AQ deadline. Not particularly fair but that is the way it is going at the moment!!

[lateralus]

great! see post 31.

[RaoulDuke]

Howdy All

 

Just rang Birmingham County Court to check they had recieved my AQ (They have although it hasn't gone down to the Judge yet). DG haven't sent theirs in despite the deadline of the 18th March.

 

I also rang DG on 01214552701 and left a message asking them to give me a call back to discuss their AQ.

 

I really opose the fact they are allowed to miss the deadline with no penalty! As their client gives no such liency to its customers.

[RaoulDuke]

Howdy Everyone

 

Rachel from DG returned my call today, I asked if they have recieved my AQ which they have, I also asked if they were going to file their AQ soon. Apparently they are and will be in contact shortly.

 

Lattie your AQ post is brilliant.

 

Raoul

[lateralus]

thanks,

if they say they will be in contact shortly - expect an offer - they don't write for any other reason. fingers crossed for you!

[givememymoney]

A word of caution I had the same promise weeks ago and I am still waiting!!!

[lateralus]

you are such a party poop!

[givememymoney]

Lattie I am going to accuse you of misselling empty promises of offers obviously an ex Barclays employee!!! :lol: Pinky is telling porkers!!!

[lateralus]

if the party hat fits............

[nettyg]

well as an ex hsbc employee... i'm with lats and i think they will offer very soon if they say they are going to be in touch!

[givememymoney]

Perky as always

[nettyg]

forever the optimist me... and why not!!