Ardbeg Vs HSBC

[Ardbeg01]

Well after giving this quite a bit of thought, I have finally taken the plunge. Got all my statements online and was amazed at the final amount - thought it would be a couple of hundred but it came to £1,400 so have got my spreadsheet which along with my initial letter will be in the post tomorrow. Was very nervous about going ahead but a colleague at work has just had her claim for c£2,000 paid in full (by the Halifax).

 

Any and all advice/guidance gratefully received.

[raaydaar]

Welcome and good luck, chance are you will not receive a response to your first letter, don't be worried, stick to the timetable and send the LBA after 14 days, after that you may get an offer from them which varies from 30% to about 80% of charges claimed. At that point you have to decide if you are prepared to continue and not accept the offer (which most people do) and continue down the MCOl (court) route - and you will get everything back - or bite the bullet and take what they offer.

 

There is plenty of advice to be had from people on here, take time to read the threads and ask any questions you want, no matter how daft they may seem

[lateralus]

just take it step by step,

welcome to the forum. the best piece of advice i can give is to read and the reread and then once more with feeling read the faqs. they are very helpful and hold everything you need to do to get your money back. you have a thread now - use it like a diary to keep track of your progress. and ask if you have questions. but really, read up on it first - that time spent now will save you loads of time later if you should get it wrong by not understanding what you are doing. we've alll been there (at the beginning of this process) and you will get your money back if you follow the plan. good luck.

[Ardbeg01]

Received a letter this morning from Colin Langdale - Senior Service Quality Officer saying that they are looking into my claim and will contact me with a full response as soon as they have finished their investigation. I presume this is a delaying tactic and I should send my LBA 14 days after my first letter anyway.

[nettyg]

yes ardbeg it's a delaying tactic. stick to your guns and go for it!!

 

netty

[sugaredhoney]

Evening Ardbeg, I sent my prelim a day before yours and received exactly the same letter this morning (twice!) sending LBA on 16th, will be watching your post for updates!

 

Christy

[Ardbeg01]

Sent my LBA off last week (problems with broadband so unable to post until today) - nothing heard so far so will be spending this weekend looking over MCOL and submitting on Monday

[Ardbeg01]

Nothing heard from HSBC so have just submitted my MCOL - hope all the details were right. I read as much as I could find so should be OK - what is likely to happen next and how long realistically is it before everything is settled?

[nettyg]

hi

you're on your way now! the 'issued' status will change to acknowledged in a few days and you'll first receive your notice of issue from the courts stating a date deemed to be served to hsbc. that is the date you start counting from. then notice of acknowledgment will arrive in the post after the change of status on mcol. on the acknowldgment will be dg solicitors and a box ticked with 'intend to defend fully'. don't be put off by that i think it's pretty much standard practice. when you receive the acknowledgment, send 1 copy of your breakdown to the court and 2/3 copies (recorded delivery) to dg. give them a couple of days to receive it and phone them after to make sure they have seen it. make sure you get reply back from them to say they have.

 

then... my friend, it's just sit tight and wait...............

[Ardbeg01]

Well, received 2 letters today, one saying that they intend to defend my claim and the other offering me £990 in payment. The daft thing is, if they had sent this offer last week I would probably have accepted as it is nearly 90% of my initial claim. But because I have now spent £120 entering the claim, I'll hold out.

[Ardbeg01]

As above, I received a letter syaing that the claim was acknowledged on the 8th Feb along with a letter saying that they intend to defend but have heard nothing since.

1. Am i likely to now?

2. Do they get 28 days from the acknowledgement to file their defence?

3. If I don't hear anything next week - what happens next.

 

thanks for any info you can pass on.

[nettyg]

it's 28 days from when it was issued.

just keep your eye on the mcol site for the status to change to 'defended' and meanwhile look at the following links and get yourself familiar with the next step.

this is the looonnnnggg wait now but you'll be ok - just read up a bit ok?

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

[Ardbeg01]

Well the 28 days from the claim being acknowledged are up tomorrow - does this mean I win by default if nothing cahnges tomorrowor does the fact that they acknowledges the claim saying that they intend to defend in full give them some more time? (On MCOL the claim shows as acknowledged)

 

I thought I would have heard something by now

[lateralus]

mystic lat sees into the future - " i see dg putting in their defence at 3:58pm tomorrow"

check the mcol - early afternoon it will look just as it does not - look again at 4pm and it will say you can't continue - because the defense will have been filed.

 

or not, and if you can press it - then by all means press it - but even if you get to press for judgment - the courts regularly give them an extra 7 days to file - it's a joke! they get extra time right down the line! you don't - you miss a deadline - they throw it out - they miss one - the judge gives them 7 days. very irritating that.

so, if your counting is up to scratch - give it a go pressing the button. and as a note - it's 28 days from the issue date (served date).

[gordylar]

DONT press the button though if it says anything along the lines of defendant admits all monies owed or something along those lines.

I did and it put a bit of a spanner in the works.

[lateralus]

no, don't press it if it says that............but press it if it says judgment

 

gordy - i still don't know how you did it - how you got that message in the first place(i think you broke the press key) and how you got your offer regardless - what a feat - you'll live on in infamy in this forum!

[nettyg]

gordy you do make me laugh!!

[Ardbeg01]

As suggested above, I checked the MCOL site just after lunch today and saw that the status had changed to defence so I await the AQ. Can anyone give me an idea how long this stage will last?

[lateralus]

you'll get the paperwork shortly - here is what you'll get- - you will get a copy of their defense, a transfer to your local court and the aq. - look for the aq deadline and don't miss it. it will be in about 2 weeks from the letter. as for filling out the aq:

Allocation Questionnaires - A guide to completion a step by step guide.

and this:New strategy for Allocation Questionaires and here's how to use the new strategy:

- for section gof the aq (that's for the N149 - if you get the N150 it's section h), use the wording in the blue part on post #3 of new strategy link, it fits, so you can just cut and paste, and then attach draft order for directions on a separate piece of paper with your name and claim number at the top - use wording on post #2 of new strategy link, again the part in blue. don't forget to fill in the XXXXXX's with your own details. that's it - just look at the aq a couple of times - it looks easier every time you look at it - by the third read through you should ace it! get back if you have questions.

 

it has become fairly common to get an offer from dg shortly before the aq is due or just after it has been filed. so, hopefully you will be hearing from dg soon - if your claim is over 1500 - it will cost 100 to file the aq but you add that on to your claim and you'll get it back.

do not miss the aq filing date.

[Ardbeg01]

Thanks for the advice - AQ received, filled in using the advice above and sent back this morning.

 

Will wait and see what happens next.

[HSBCrusher]

have a glass of Ardbeg as you wait!

[Ardbeg01]

AQ date has passed - just phoned the court. No AQ received from DG but the district judge has decided to list all outstaining bank charge claims together and will be hearing them in June.

[Castlebest]

Sounds like a party

 

pete

[skintcumbrian]

June??? This could become something we see more of as the courts get more and more bank cases to hear. Can anyone advise on something then?

 

If this delay happens in my case, (and probably lots of others at a guess) then I will have had interest charges for March, April and May dumped on my account by then too, plus I will have gone over the 6 years. In order to get these latest charges back plus prevent an argument by HSBC that the schedule of charges is outside the 6 year limit by the time the court case actually happens, what would be the best steps to take? Thanks

[lateralus]

ardbeg - have you seen the thread i wrote for you guys:

When you have filed your AQ................

it might help out - some info on there.

 

i'm thinking it may be time for a nudging letter from you to dg - see post 1 of the link above.

 

just fill in the blanks - dates, what you are claiming, and in your case i think another sentence to add - maybe something like:

 

This claim is a relatively small amount compared to many of the claims with which you are dealing. It would seem prudent to me to settle mine sooner rather than later to alleviate taking up further court time.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. (INSERT ABOVE SENTENCE). 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.

 

 

It can't hurt and it might help - so give it a try!