gaz v hsbc **WON**

[nettyg]

hi gaz

send a copy of your breakdown and a covering letter... 'please find enclosed breakdown of charges that should be joined with Claim xxxxxxx issued on xxxxxxx'

 

3 copies to court 1 copy to dg

 

give it a couple of days to reach them then phone dg and ask if they have received them - if not keep sending and phoning to check ok

[gazhodge1981]

so do i go to court and give them 3 copys and send dg 1 as well

[lateralus]

this has been an hsbc thing - sending your breakdown to dg as soon as the acknowledgment arrives. it is because dg always, always, always asks for a breakdown when they are gettin ready to offer - this just shave a couple of days off the process. whether you do it or not is up to you.

as for sending the courts a breakdown - as you've filed an n1 you've already given them your breakdown so nothing to do on that front. just relax for a bit.

[gazhodge1981]

hi all, just been to the court to see where everything is up to. hsbc have filed a defence. so i am waiting for the paper work.

can someone tell me what happens now please.

[gazhodge1981]

hi all, can someone tell me how long it take for a defence to arrive, it,s now 7 days since they files there defence and i havent had anything from the court.

I have been told by the court that i am waiting for a questionaire or something like that.

any advise would be great at this time, thank you.

[lateralus]

it's probably sitting in your post box - honestly - it's usually only 2-3 days from them filing to you getting the stuff. it will include a transfer to your local court, a copy of banks defense and an allocation questionaire which will be due (with £100 if your claim is over 1500) in about 2 weeks time.

if you haven't already - send dg solicitors a copy of your breakdown, if you have, ring them to see if they have been received -

don't be in a hurry to file the aq - but don't miss the deadline. this is the time to stay in touch with dg - asking about your claim - hoping they will offer before the aq is due.

as for the aq - when you get it - tell us the deadline and i'll put the how-to up for you to use when fillng it in. all up to now is perfectly normal - i would say - if you don't have the aq and stuff by monday - ring the court again and tell them that.

[gazhodge1981]

thanks lateralus you have been a star, i have just spoken to the court and i will get it in the post tomorrow, it's been done today.(worry over).

I have sent dg a copy and they have received it.

Can i ask what the 100 pounds is for that goes with the questionaire.

when contacting dg, what do i need to say/ask them?????

[lateralus]

maybe that was a little unclear - the aq will be sent to the court - not dg and will require a 100 filing fee to the court - but you add it to your claim.

[gazhodge1981]

no problem, i have been reading a thread below, about sending dg a revise list of charges. does this mean the 100 pounds for the aq or are people adding more charges?????? sorry for being a bit dimm

[lateralus]

no, just keep with the original breakdown for dg - if and when you need to file your aq - you will inform them and add the 100 to your claim.

[gazhodge1981]

Hi Lateralus,

I have received my questionaire today along with hsbc defence. it has to be in on the 5th march 2007.

There defence is rubbish really, all its says is that they beleive the charges are not breaking the law.

should i wait till the 5th march to hand the questionaire in?????

[lateralus]

basically, yes, and look at the aq new strategy - i'll be back later to point right direction.

[gazhodge1981]

thanks lateralus

[lateralus]

ok, here's the deal:Allocation Questionnaires - A guide to completion

this is your step by step completion guide -. and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the aq, use the wording on post #3 of new strategy link,

and then attach draft order for directions - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

on, the other front - of this two pronged thing - you sent dg a breakdown of your charges - they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

so, good luck

 

and now is the time to start ringing dg - asking how your claim is coming along - do they have your breakdown - anything to bump your claim up - the idea being to try to get an offer from them before the aq is due.

[gazhodge1981]

what sort of questions should i ask dg, i have sent them a copy of the charges which they have had.

[lateralus]

have you received my breakdown?

 

is there anything i can supply for you to expedite my claim?

 

can you tell my how my claim is coming along?

 

can you tell me when i might be hearing from you as my aq is due shortly and i will at that point require a further £100 to settle my claim.

 

how's the weather in birmingham?

 

well, maybe not that one!

 

anything to get you noticed.

[gazhodge1981]

does the weather question normally pop up when speaking to them. lol

When is a good time scale to ring them. should i ring tomorrow or leave it closer to the time.

[gazhodge1981]

Hi lateralus,

can you tell me in section g do i hand write it on the questionaire of print it of and attach it to the questionaire.

i take it i use the new straegy.

[lateralus]

yes, for section g - no way this fits so, i'd put "see attached page for Section G"

section G:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred 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 UTCCR 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 service (which is denied), 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.

 

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 the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

and on every page, put your name and claim number

 

same with the draft order for direction

 

yes, this info is coming from the new strategy.

[gazhodge1981]

sorry to be a bit dimm, i have completed and printed of the draft order for direction. do i use the claimant bit and the defendant bit.

The bit above (The Claimant proposes the attached draft order) does this need to be put in for section g aswell.

I am sorry for so many questions, i just want to get it right.

[GuidoT]

The content of post 45 above 'The claimant proposes...one hour.' goes into section G and the draft order is an attachment to the AQ - both pages. I think this is the answer to the question you are asking.

 

You may find it easier and tidier to complete the PDF version and type it up:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf

[lateralus]

ok, put : gazhodge - claimant

and

HSBC, PLC - defendant

 

and - looking again, maybe it will fit into the G blank section if it's typed in , yes, the whole thing:

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred 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 UTCCR 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 service (which is denied), 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.

 

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 the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

so gaz, you are putting all that in section G and attaching the draft order on a separate piece of paper with your name and claim no. at top.

so, see in section g you are telling why you are attaching a draft order and then you are actually attaching it. keep asking if i'm not making it clear. we'll get there.

[gazhodge1981]

Hi GuidoT,

I have tried to go on the link and it tells me i need a password to access it.

am i write to think that if like the draft order for direction, where i put my case number, claimant and defendent on the top and the rest under it.

[gazhodge1981]

thanks

lateralus

 

We will get there and Win.

[GuidoT]

However, prepare like you will end up in court, that way you are less likely to end up there.

 

The banks may pick on the weak cases and eventually allow some to go to trial.