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Micheyboo vs HSBC ****WON****


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The problem with you giving them an offer is that if they sense weakness then they are likely to take advantage and string things out even longer in the hope that you will fold and not proceed with your claim. It is quite likely that you will get an offer before filing the AQ in the region you are talking about (they seem to like offering the full amount less 10%!!!) but you really have to hang in there and follow the process. :-)

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Your advice is very reasonable. I shall sit tight and be more patient. This is the general consensus I get from people at the same stage. Though as Lattie said, there are more and more claims going to the AQ stage and I fear that is what will happen to mine. Their defence is due on the 14th March next week and I haven't heard anything since. I left a message on Deborah D'Aubney's number about my claim last week but no call back of course.

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once you know they have your breakdown - just sit tight! it will happen - hopefully sooner rather than later and the site helpers and mods are concerned that too much of this could be construed as harassment - so i'm going to start advising a more laid back approach.

once you know they have your breakdown - how about just a weekly approach - might give them more time to make offers, you never know!

it could be our advice to bug them may be counterproductive.

so, now i'm thinking - just sit tight - long ways to april. keep an eye on the judgment button - you may get to press it!

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Just so I am 100% sure about when to press the judgement button :-) I asked this question before on my thread but I recently read something in another thread which confused me :

 

- Claim ISSUED 9th February 2007 & confirmed by court

- Court wrote that it will be deemed SERVED on 14th February 2007

- Acknowledgement of Service filed 12th February from DG

 

Does that mean therefore I have 28 days from the 14th February for DG to file their defence, from date it was deemed served - 14 March? Netty said 14th March but I'm wondering now if it is from date of issue???

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i think we mix our words a little sometimes - it is 28 days from the date it is deemed served and that - you say - is 14 mar. so on wed, next week - you check to see if you can press the button - normally - when it's too early to press - it won't let you and if they file their defense you get a message saying you cannot proceed. so pressing it around that date does no harm. crusher says he's won 3 claims with dg and in total only spoken with them twice. how long you going to oz for?

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Fingers crossed they miss deadline. I sent an email to DG yesterday with my schedule as I realised the one I sent did not state the TOTAL figure correctly for some reason. Should I send the amended version to the court again? If I don't get an email confirmation back from DG by tomorrow I'll resend and copy in all the other names on the list. That will be the last time I harrass them :-)

 

Will be away for about a month from mid-April.

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They normally file a defense at the very last moment. You will then have the case transferred at this point to your local court.... hopefully an offer will come at the time you have to post off your AQ.

So, hopefully, not too much longer to wait and you will get your money by the time you leave... but you are going to have to be patient. :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi all - HSBC have filed their defence on MCOL so I am awaiting word fromt he court on the AQ. Anyway, just reading up a bit in preparation but I see that copy statements may be required. I had some missing statements and for the periods I was missing I just printed out my statements online as they are all online back to 2001. Would this be acceptable to the courts when I eventually have to provide such copies? Anybody did the same as me, rather than request them all? I pretty much kept my statements safe from when I opened my account but moving homes over the years meant I lost a few here and there..... so the missing ones I just printed from the HSBC website.

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Can anybody reply to this, I posted on the New Strategy thread about AQ but nobody seems to be responsive........

 

I have received my AQ and understand about attaching the Draft Order for Directions to it. My only concern is the timescales from when I submit my AQ to when judge orders the info on the draft order. I am going on holiday soon on the 11 April and my AQ deadline is 31st March. So if I submit on the 30th March say, is it likely I'll be expected to get the info together whilst I am away. Now in the N149 form there is a section to write when you cannot go to court so I have put my holiday dates, however, if I attach the Draft Order doesn't this kinda override this section cos the timeframes are pushed forward?

 

I appreciate the reasoning behind the draft order but with my holiday coming up am I making it awkward for myself as no doubt judge will order the information for a date when I am away.

 

Hope somebody can enlighten :-)

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my answer would just be a common sense approach(a note at the part where you can't appear.... saying, please consider this when reviewing the draft direction for order, or some such) - so, ask someone who knows - i would pm GaryH - he will tell you how to handle it.

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  • 2 weeks later...

GUYS!!! I am in a complete panic, arrrrggghhhh!!! I'm due to hand in my AQ tomorrow, due on the 31st. I've just looked at my schedule of charges and thought for some reason that the spreadsheet I have been using didn't calculate the 8% interest correctly. I decided to use a fresh spreadsheet template, the simple one with 8% interest column just to check cos I am paranoid like that, and the totals for each have come out different. I understand the interest has probably increased cos it's charged to date but my total is different for some reason!!!

 

My Claim = £1974.50

Interest = £346.05

 

Total Claim on MCOL = £2440.55

 

New Calculation = £1924.50

New Interest (up to todays date I assume) = £368.08

 

AM I SCREWED??????? Will my case get thrown out or will HSBC just contest my calculations? I have decided to stick with my old spreadsheet but I am desperately worried now that I've used the wrong spreadsheet. I was sure it wasn't the one based on contractual interest. The design template also looks different this time round, has it been changed in the last 3-4 months???

 

HELP!!!

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  • 2 weeks later...

I'm thinking about doing a Defalut Judgement as HSBC haven't filed their AQ and it has been 10 days past the deadline already. Courts have confirmed that an extension has not been granted or requested by the Defendant. So, I figure time for me to either request an Unless Order or a Default Judgement. I have not heard from HSBC, although I have emailed them asking to settle and reminding them they hadn't yet filed.

 

What would people's advice be? I am off abroad tomorrow for 3 weeks so ideally I need to sort this out today.

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If you apply for a default judgement HSBC are likely to go for and get a stay... this will cause further delay.

But as you are away for 3 weeks.... it just might work out OK.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Sorry, if I am being clueless but what is a "stay".... have no time to research what it is. Last day at work today and all and trying to sort out this too is getting a bit much.

 

I have even got all my Draft Order stuff ready to go incase judge asks for it, though I am going to email them today to take note of my away days as per my AQ. Court says I am covered if I have stated that I am abroad so hopefully nothing major will be requested of me while I am away.

 

Lattie - thanks for finding out the info for me too! What are your thoughts over Unless Order vs Default Judgement? Don't really wanna waste anymore time on this really and looks like HSBC haven't even contacted courts for an extension anyway and it's been 10 days since deadline!

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My case is being referred to the judge today as I have highlighted that it has been 10 days now since the deadline passed. The judge at this stage is at liberty to either ask for an Unless Order, Order a Default or Order a hearing...... fingers crossed they just Default so time isn't wasted any longer.

 

I'm away on holiday for 3 weeks now so I shall be incommunicado. Good luck to those that are still doing this. I hope when I get back I will have some good news in the post regarding my claim.

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  • 2 weeks later...

Has anybody's case been sent to the Mercantile Court aka Royal Court for Justice? I sent my AQ to Lambeth County Court and though HSBC didn't file their's the judge has ordered the case to this new court now. It's in London. AQ was filed on 30th March.

 

I am abroad so if anybody is able to shed any light on this in the next couple of hours that would be great!

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don't worry about it til you get back -

someone will know - probably just not within a couple of hours - so try to relax - it won't get to court - we'll get busy with nudging letters when you get back and get you an offer!

have a good time.

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I have just called the Mercantile Court which is in the Royal Courts for Justice..... they tell me that a lot of claims are now being transferred to them and they are dealing with hundreds. My court transferred my claim to them on they received this on the 20th April.... they have still not had a judge look at it and apparently it could take another 2-3 weeks before a judge looks at it and a case management conference date will be set to discuss the case. I am so annoyed that this will take even longer now!!!! I shall keep people posted. Has anybody experienced the same thing??? The previous procedure now looks to be changing :-(

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i'll send the merchantile stuff when i find it -

but that doesn't alter the fact that you still need to be nudging dg - every 10 days - a new letter - an offer is the goal - not a court judgment.

are you still away - you can wait til you return to send a nudge letter - but soon as you are back....nudge.

i'll look for that other stuff and add it when i find it.

 

clear.gifMercantile Court cases and Stays pending a test case

 

finally found what i was looking for:

If your case is heading for the Mercantile Court....

Mercantile Court Guide

Mercantile Hearing, Leeds, 26th April 2007

 

 

and this link should be required for everyone:

BBC NEWS | Business | Judge attacks 'time-wasting' bank

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OK, i'm back in the country again finally and faced with this new hurdle of the mercantile court. Thanks for the links Lattie, I have looked at some threads and trying to still get my head round it all.

 

I haven't been able to physically get all my post yet and have to check whether a date has been set for me or if a letter has been sent by the court or HSBC.

 

Can anybody confirm whether I still need all my Draft Order stuff which I prepared before I went on holiday.

 

From what I gather on the Mercantile Court forum that going to the MC is a good sign and means I am near the end of the tunnel and that banks will want to settle before the court date. I hope so anyway, in the meantime Lattie you said I should nudge again. Does that mean at this stage it is ok to now send them loads of of emails and call them a few times. I have resisted bombarding DG so far cos they seemed snowed under. Maybe I should start now.

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i said nudge - not hit with a hammer! so, no - one polite phone call or email and no limit on letters - just encourage them to make an offer.

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I have sent a nudge letter asking to settle before the Mercantile Court sets a date for a hearing. I will send them an email later in the week too.

 

I'm getting VERY panicky guys cos my case has gone to the MC. I have spent weeks understanding what I needed to do for the normal procedure and now it's changed because the judge has transferred my case. The MC stage seems more complex and what if it does go to court. I don't know if I'd be able to do it. I know I must though. It doesn't seem promising :-(

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