gaz v hsbc **WON**

[gazhodge1981]

i am in the process of getting my money back from hsbc.

i have sent the two letters and spreadsheets listing my charges. the first letter was sent on the 22nd november 2006 with no reply from the bank, the second letter was sent on the 11th december 2006. the bank then replyed on the 28th december 2006 saying they have received my letter dated the 22nd november 2006. they said in the letter that they are investigating my claim and they will get back to me by the 19th janurary 2007. should i wait?????. the letter came from colin langdale (whop ever he is).

i am now looking to fill in the n1 form and i have done three copys of spreadsheets and have a cheque ready.

can anyone give me advise on filling in the form and what i should do next.

 

regards

 

gareth

[Rooster-UK]

Hi Gaz.

 

This is a classic example of the bank trying to sidetrack you into their timetable.

This is YOUR action and it runs to YOUR timetable.

The time that you allowed the bank to respond was ample. By sending letters, late, they are, in effect, not responding.

 

Get your claim in now, they've had sufficient time.

 

N.1 form info....

 

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

 

Good luck.

Regards, Rooster.

[gazhodge1981]

does anyone know how to calculate the CHARGES+OD interest on the n1 form.

[lateralus]

that should be the figure you've been sending in your breakdown. did you do the advanced s/s or the simple one. the simple one figures the 8% that you can now add on to your claim, the advanced one figures the o/d interest - some people do this and some people choose not to. this would be your last chance to include the o/d interest. if you have not included it up to this point but want to have a look at it - i recommend you look at post number 9 in this link:HONEYGIE sees you HSBC! (1. this is my step by step description of the difference between the two interests and how

to do the spreadsheets. if you choose not to include the o/d interest, you need to do the

simple s/s to get the 8% interest you can now add on at claim stage. there is a sentence

that you need to include in the particulars if you are claiming interest. it is in the template:

4. Particulars of claim - N1 - hard copy version. get back if you have more questions.

[gazhodge1981]

i have done 8% on the spreadsheet. i have gone through the hard copy verion on the n1 form. it was on there so i was wondering how to do it. do i do both or just one of them.

[lateralus]

if you included o/d interest from the advanced s/s in your breakdown then put them both on the N1, if you didn't, just don't put anything for o/d interest - my question to you above was - did you try to figure the o/d interest to see if it was a significant amount. if yes, then include it, if no - then you may want to check it out before you file the N1 as this is the last point at which you could add it to the claim. if you have a look and decide not to do it - then fine - go with the particulars and just don't add the o/d interest - i'm just trying to give you the options of checking it out before you decide not to use it. regardless of whether you claim for o/d interest - you do claim for the court interes 8% on the N1. so, if you want to have a go at the o/d interest follow the steps in the honeygie thread - post number 9 link above.

[gazhodge1981]

Hi all, I have been down to the court with my n1 form and spreadsheet to file my claim. I have had all my stuff back from the court, can someone tell me how long the process is, how long do hsbc have now to file a respones. looking at the paper work they have 14 days to respond. any advise at this stage would be appreciated.

[lateralus]

the schedule looks like this - you file, you can deem it as served on the fifth day - then you start to count days - they have 14 days to acknowledge or else you apply for a judgment, 99.9% of the time they do acknowledge, this give them an additional 14 days to file a defense, if they d on't you can apply for judgment - usually they file their defense at 3:59 on the 28th day.

so, as of now:

you can expect to receive, in a day or two - a notice of issue - that gives the s pecific day it was served (instead of the 5 day deemed), you will normally then receive a few days, maybe a week after notice of acknowledgment - at that point, as you filed n1 and already sent your copies to the court with paperwork you only need to send dg a copy of your breakdown - address on pg2 where they will have ticked the box that they intend to defend. you could wait until they ask for it - but they won't make an offer until they have asked for it - even though the court will have sent them one - it's just another stall, so this shave a couple of days off the process. next paperwork will come when they have defended, including their defense and an aq. my advice, don't fill the aq out and send it right back - wait for the deadline to get close. this gives you a little room to ring dg at the defense filed point and try to spur them into action - asking if they have received your breakdown or whatever -

all that is a few weeks away (28 days) so, that should give you a good idea of what to ex pect. sideline, you may very well (or not) receive an offer from hsbc at about 80-90% of your original claim - which hopefully, you will reject (use template letter) as this is a ploy to tempt you into giving in also, note that any offer should now be from dg solicitors, the hsbc offers will be in response to earlier letters - hold out and you will get it all - court fee, interest and your original charges. good luck. happy waiting.

[gazhodge1981]

when you say dg do you mean there solicitor. do i need to send them a copy of what i have done, i asked the court and they said they would send everything to them. (HSBC).

If after 14 days and still nothing, i take it i apply for a judgement- can anyone tell me how this works. what will happen.

[lateralus]

i don't know how you apply for judgment with the n1 - maybe just ring the court, on mcol you just press a button. yes, dg is their solicitor - and i know the courts send them one - but when you get acknowledged - send dg a breakdown referencing your claim number - they will just ask for it later - it saves time - don't even ask why they want another copy - i can only guess the obvious - another hsbc stall!!!!! so send it, when you are acknowledged - dg details will be on it.

[gazhodge1981]

Hi all,

 

I have had a letter from hsbc today offering me 1595 pounds, my claim is for 2179.

they have said that is is the letter regarding 22nd november 2006. i filed my claim against them on the 10th janurary 2007. do i class this as an out of court settlement. can someone tell me what my next step should be. I would like them to pay the lot. any advise would be good at this point.

[lateralus]

you can either ignore it - or send a rejection letter - probably the better option - simply because it shows your intentions.

here's a template:

Rejection of settlement offer

tweak it to your case - i'd add something like: thank you for your very tardy response to my letter...........

and add something else like...........as you have not responded in a timely manner, i have now filed a claim against you. case number xxxxx, filed xx/xx/xx for the following amounts. then give them charges, plus interest, plus court fee = total. then, something like - it will now require xxxx.xx for me to halt this claim with the court.

 

 

 

now, on another item, have you had an acknowledgment notice yet from the court - when you do, send 3 copies of your breakdown to the court referencing your claim number (unless you filed the n1 in which case you will already have given the court the breakdown) and also, send a copy to dg with your claim number on it - address will be on page 2 of the acknowl. good luck with your claim.

[gazhodge1981]

they have sent this letter with only 6 days to go to the court dead line. will this letter be classed as acknowledgement of the notice of issue from the court.

the only time in says anything in the letter about court is "If your claim for a refund proceededs to court, we therefore believe we would successfully resist any legal challenge in relation to these fees".

can this be classed as acknowledgement?????.

i have done a n1 form with the court.

what to do next????

[lateralus]

no,no, the acknowledgment is an official document from the court -

when it gets the to 14th day from the date of issue - i'd contact the court to see if they have acknowledged and if they haven't - you ask for judgement - there was one just yesterday who got their money because dg didn't acknowledge (that letter was from the bank in response to an earlier letter - has nothing to do with the claim - anything to do with the claim will come from dg solicitors) anyway, i digress, look at stringerancy's thread - he got his money at the acknowledgment stage becasue they didn't file an acknowledgment and he let the court know - funnily enough, it was an n1 as well - since most of these are through mcol - it will be super if yours made it through without an acknowled. as well (we may have discovered a weakpoint). but don't count on it - they may yet file and even if they are late - the court can allow a late one if they want to - so don't get too excited - read stringerancy's thread and keep on top of it. by the way, that letter you got was standard fob off version.

 

check this out:

stringernicy v HSBC ***SETTLED IN FULL*** (1 2 3 4 5)

stringernicy

[gazhodge1981]

so if they file acknowledgement, what happens next.

if they dont do i win by default.

sorry for all the questions

[lateralus]

i could say fo back and read the step by step's, but i'm in a good mood with all the offers flying in today - so,

if they file an ackowledgment - that buys them another 14 days before they have to file their defense (or again you would win by default), again, we are talking from the date of service 14+14.

if they acknowledge - you send dg a copy of your breakdown with your claim number referencing it. as you've done the n1 you will already have sent the court sufficient copies. we only send dg one at this point - because they have a nasty habit of asking for one and we are cutting them off at the pass (just saving a couple of days), did you see the link in my last post - i added it late. it' fun reading the last few posts - it's just like yours - hopefully!

[gazhodge1981]

after reading the link all i have to do is wait..... and wait.....and wait.

what are the chances of it going to court and them turning up. can i ask what happens in court as i have never been in one in my life.

[lateralus]

you still won't

[gazhodge1981]

So your saying theres no way they will turn up:cool:

[lateralus]

they haven't yet.

[gazhodge1981]

Hsbc have filed an acknowledgement to the claim i have against them, they have done it with a day to go.

what is my next step.

what is likley to happen now.

anyone with advice on please.

[lateralus]

read again what i wrote you on the 15th.

[gazhodge1981]

so as i have done a n1 form should i send them a copy of my claim. are hsbc likely to file a defence.

[lateralus]

send dg a copy - even though they must have 3 or 4 by now - it's just their way, reference your claim no. on it and send it to the address on pg 2 of your acknow. they are 99% sure to defend - the do miss the odd one and they do settle before on the odd one but mostly, yes, they defend and to date, most offers are coming between the defense being filed and the aq being due.

[gazhodge1981]

I just want to double check what i need to send to dg.