HSBC Help please!

[Kathryn Holton]

I am very concerned, I now have 9 days to pat yet another £100 to the court to proceed with my claim. HSBC put in a defence on the 22nd of December and I have heard nothing from DG solicitors, I keep checking the post everyday as it seems that other claimants have recieved settlemnt offers as soon as the defence has been submitted. I am really worried that I am going to end up in court. Does anyone have any advice on what I should do now? I am feeling a little lost, and I really could do without paying another £100.

[bennyowen]

I assume DG Solicitors are representing HSBC.

 

If you have submitted your Allocation Questionnaire (AQ) to the court and may be responded to the defence statement, then the court will notify you and the defendant of a court hearing date showing allocation of the claim track, normally small claims track if claiming below £5000.

 

The court will send you a hearing date after receiving the AQ you submitted and that of the defendant. Before the actual hearing, the DG Solicitors could settle but they may wait until a day before the court date. Do not be afraid. If you follow the process correctly, DG Solicitors would not want to challenge you in court.

 

Good luck.

[stenjenkel]

Hi

 

Don't panic, you will get the extra £100 back you have to pay out. It seems as though some of the banks are waiting until the day before the hearing before they pay out in the hope of panicking people and putting them off. I'm sure it will be fine.

[Kathryn Holton]

I have not yet sent back the AQ, I have until the 17th to send it back, the problem is that the court want another £100 is this usual? Also is there a normal time frame for the court date once they have recieved the paperwork? I am wondering if I should bite the bullet and send back the paperwork with the £100, or see if DG solicitors settle beforehand.

[bennyowen]

It is normal practice of the court to ask for £100 if the money you are claiming exceeds £1500.

 

Make sure you fill the AQ correctly following the process in the library. Do not wait until the 17th because the earlier you return the form to the court with your payment the better. The court can then set a hearing date and notify you and the defendant.

 

Your £100 will be paid back as part of your claims by the defendant for court cost.

 

Good luck.

[bennyowen]

DG Solicitors are known for delays. Do not expect them to call you quickly.

[Kathryn Holton]

Thanks guys, I think I will return my AQ form with the £100 at the end of the week! Just to check should I send a copy of the statement of charges to DG solicitors, will this speed up the process?

[bennyowen]

Kathryn,

I cannot guarantee the speed with the behaviour of these banks. It is good idea to send them a copy and also include one copy with your AQ to the court.

 

I hope you have seen the new updated strategy for AQ. If not read the link below:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

Good luck

[Kathryn Holton]

That's really helpful just a couple of questions. Has anyone succesfully used this yet? Also on C) Statement of evidence - Is there anywhere I could get help with this? And on D) Copies of decided cases- Where would I get these from? I would be slightly worried about using this at the moment as it means alot more work, and I don't know if I am entirely confident about being a Guinea pig!

[bennyowen]

Kathryn,

Don't worry. Progress with the old method. It will still yield good result. I thought you have seen the document previously.

Good luck

[Kathryn Holton]

Hi everyone, I have put my AQ form into the court this morning with yet another £100. They have told me that I am unlikely to get a court date until the end of March, obviously I really want my money as soon as possible. Has anyone had any recent dealings with DG solicitors? I would like to know what the current trend is, at what point are they paying out? Am I likely to be waiting until the end of March to recieve anything? Any advice would be gratefully appreciated.

[bennyowen]

Kathryn,

 

I would suggest that you don't use 'as soon as possible' when dealing with any bank. They would delay for as long as possible. Although you will eventually get your money, you cannot determine the actual date because the banks and their solicitors are trying to hold out to the last minute.

 

Now that you have submitted your own AQ, the banks will have to submit their own as well. They often wait to the last date to submit their own to the court. They may not contact you to settle until court hearing is set or until few days before actual hearing.

 

I am not trying to scare you Kathryn. I just want you to be aware of what the banks and their solicitors are doing to try to escape. But they will not escape if you are determined.

 

It will be over soon.

[Kathryn Holton]

Hi again, I phoned DG solicitors yesterday to ask what was happening with my case, as I am expecting to get the court date through by the end of the week. I was told that the claim was still with the client (HSBC) and it would be another 7 days before they got direction on what to do! Are they fobbing me off? I informed them that I will be calling again next Monday. Just wondering if any one has any ideas on what I can say if they tell me the same thing again (which I am expecting they will). Is there any way to put on any more pressure?

[stenjenkel]

Hi

 

DG Solicitors will eventually pay up in full about 2 weeks from Court date. You don't need to be ringing or getting in touch with them Kathryn, just be patient and you will get all your claim back even though they will try every method to put you off !!

Regards

[Kathryn Holton]

Thanks for that I will do my very best to be patient, I am buying a house at the moment and the money would come in very handy, hopefully the court date won't be too far in the future.

[yay101]

Wish you all the best with yours Kathryn! I am sure that smell of money will get stronger soon.......

x:)

[lateralus]

kathryn, just wondering if you've heard anything? i think it being with the client means it won't be long - i'm really keeping a good thought for you - thurs, fri, and sat. seem to bring in offers from dg - i'm pulling for one for you on thurs. also, would like to know - for reference - when you hear anything from the court. i'm betting dg will cough up before you get a court date set.

[lucykirk2003]

It seems to take so long to get money back. They've got till the 4th to submit a defence for my claim. I started this process in October! It just takes so long doesn't it!

 

I'd be interested to hear how you get on as it might give me an idea of how long mine will take to go through. I was hoping for the money in March sometime, so I hope it doesn't take much longer than that! I really could do with it to avoid more bank charges!!

[lateralus]

i won't bore you with my son's claim as it was completed back in october and that is all completely out of date info - due to the huge number of claims and dg's seeming inability to keep on top of the situation. good luck - i'm watching your thread with interest!

[Kathryn Holton]

I have spoken to DG again today and they say that it is still with the client, apparently they have a huge backlog at the moment and so it is taking longer. The lady at DG was very nice though and very apologetic for the fact that she could not give me any further information. I am hoping that the court date will arrive by the end of the week, if not I will give the court a ring on Monday and ask what is happening. I will keep you updated if anything happens!

[lateralus]

kathryn, just thinking - your aq was due the 17th - and it's in. did they file their aq? it would be worth a call to the court to find out - if they did not - they have defaulted by now and as such you should be asking for a judgment - certainly worth a call to the court on monday to find out if they have filed their aq. get back also if you need help with what you need to send next - it's pretty simple - just need to follow some links.

[Kathryn Holton]

They had not entered their AQ, but the court gave them an extension. However they have made me a offer! Not sure if I should accept as it is about £400 short.

[lateralus]

so, if they still have not filed their aq - (what second deadline did the court give?) if it has passed - would not their defense be struck out and now you must enter a Judgement in Default. To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form.

 

The form you need is an N225, here http://www.hmcourts-service.gov.uk/H...forms_id =465

 

Complete this and file it with the court where you filed your claim

 

That's if they have missed the deadline given by the court. do you think you could ring the court and ask?

 

this course would make the offer unappealing, yes?

[nettyg]

lats, what happens if you have sent off the aq and all that business and they make a final offer that isn't 100%? - what other route is there to go?

[lateralus]

if they don't file their aq - their defense is struck out (sometimes the judge gives them extra time and they still don't file their aq) so, you win.

 

their full and final offers are never their full and final offers if you reject them - they eventually come back with more.

 

the idea of the aq is to put it into the right court track - but dg doesn't want to go - because they would have to show their costs and all and they aren't prepared to do it. so, sometimes (often actually) they just don't file their aq , but if they did, next step would be a court date being set. and crusher and the other's say - they still will settle before that.

OK? answer your question?

 

kathryn, did they say why they are offering 400 less than the full offer - was it that they were questioning some charges or questioning overdraft interest or what? my instincts tell me it is the same old ploy they have been using right along, just reject it, tell them you require xxxx.xx to halt the claim and be sure you add the aq filing fee.