Whatawoman v HSBC *******WON*******

[Micheyboo]

What protocol?

 

If they make their offer then you either accept or decline. Depends on your decision really.

[Whatawoman]

Maybe I did not make myself clear - (not unusual)

I meant their current protocol - as over the last few months they have changed their game a bit.

 

Are they making full settlement offers currently jsut before the AQ deadline or just before the court daye after the AQ is submitted?

[Will Scarlet]

It seems to be a bit tough working our what current strategies / protocols are with the banks as, not only do they change them on a regular basis but they are also swamped with work and are defaulting on deadlines quite regularly.

Are you using the traditional AQ or the new strategy with the draft order.

The new strategy which can be found here:

 

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

 

It seems to be working well with other people and I have decided to give it a go. Have a read and see what you think. It basically puts a much tighter timeframe in place (if approved by the judge) but in doing so, puts you under more pressure to deliver your court bundles. Other people with Lloyds have said that the phone was pretty swift to ring after they had adopted this tactic.

[Whatawoman]

I will have a good read of everything tomorrow and decide which way to go - at least I have this forum to help me along the way- I would be a little daunted to do this alone.

[nettyg]

that's the secret, to read as much as you can! protocol got thrown out of the window pretty much after programmes on tv and media coverage started encouraging everybody to claim back. lots of people are trying to do it without doing their homework first and think that they can just ask and get! (present company excluded). you'll need to add the new strategy bit to the aq when you submit it so it's worth taking a read through so you understand it all. good luck -you're on your way

[Whatawoman]

Thanks Netty -

Will fill in the AQ tomorrow with the new strategy and hold on to it till the 2nd.... so you can bet I will be back asking questions tomorrow lol.

[Micheyboo]

So are you going to submit your AQ last minute close as possible to the 2nd. I read in another thread others were going to hand theirs in as soon as they got it! I will wait last minute.

[forever young]

Hi, AQ due on the 1st April, so day before. Will keep an eye on your progress. Will probably hand in my AQ sooner rather than later

[Whatawoman]

My plan is to hand it in on the 2nd hoping that I get a full offer before and save myself the lay out of another £100.

[Castlebest]

I don’t think there is any reason behind the timing of the other sides AQ's and offer's apart from they are snowed under so I suspect they are acting on emergencies only.

By that stage of any claim its pretty certain they are going to offer the claim value or pretty close to it so making us pay another £100 just adds £100 to their bill every time which is stupid. Unless they are waiting to see if we can afford another £100 in the hope we cant and we miss the AQ date.

 

From our point of view the later the better would seem to be best in the hope they offer before you pay the additional fee, just make sure you have the fee and don't miss the deadline!

 

pete

[Whatawoman]

Thanks Pete - makes sense

[stroke a badger]

Phoned the court this afternoon and the deadline is 21/03/07 and DG haven't submitted theirs yet so lets hope they forget. With that said I expext DG will get an extension!!

[givememymoney]

Yeah HSBC are getting plenty of two week extensions at the moment. However, a default judgement is not always the best option.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[nettyg]

there's a letter somewhere that lats has put together for peeps who have submitted their aq's and are waiting for hsbc to submit theirs. it's not on lats link so i'll find it and post it here for you if i can. .... brb

[nettyg]

found it!!!

 

Dear

 

Claim Number 7XX00000

 

You have not filed a defence for claim number 7XX00000 at (Town) County Court, and the time to file a defence has now passed and judgement in default has been/will be granted.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file for Judgment in Default/apply for a warrant of execution.

 

Yours sincerely

[lateralus]

except you#d have to change it a little - maybe:

 

I understand that you have not filed you Allocation Questionaire for claim number xxxxxxxxx. The deadline for filing this was xx/xx/xx. etc.

 

actually, i'd hang on to this one for awhile.

 

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

there are some basics here which might help.

i think it's important to keep tabs on what the court is saying and also a gentle nudge for dg - this is the one i think netty wanted:

as i put at the end - about the offer to take less - this is up to you - you could just put:

 

 

 

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have not filed the Allocation Questionaire in this case which was due on xx/xx/07. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim.

 

I would remind you that with the filing of the Allocation Questionaire, I will now require the addition of that fee to my claim. (obviously only if you paid for it)

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. 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.

 

Sincerely,

 

whether you want to add the part about accepting an offer of xxx or keep it more general - depends on your circumstances and needs.

 

Also, this is a template - use your own initiative or discretion to alter it to your liking and circumstances.

 

so, alternatively in the body of the letter you could put:

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have not filed the Allocation Questionaire in this case which was due on xx/xx/07. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim.

 

I would remind you that with the filing of the Allocation Questionaire, I will now require the addition of that fee to my claim. (obviously only if you paid for it)

 

I am mindful of the vast number of claims with which you are currently dealing. I would remind you that I now require £XXXX.XX to settle this claim and halt the court action. This figure includes all charges, interest and court fees for which I am claiming. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. 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.

 

 

 

 

 

hope this helps

[Whatawoman]

But if the courts are giving DG longer to file - will these letters achieve anything - seems DG have become masters of playing this game.

 

It seems unfair that any charges occured on banks accounts during the months they stall paying back these reclaimed charges - still stand! Quite a worthwhile exersise this stalling... wonder how many extra two months of charges they have squeezed out of people? enough to pay the wages of the extra DG staff taken on to deal with these claims?

[lateralus]

doubt it - my vision of them is an office full of headless chickens - don't think stalling tactics come into play - (i think they def do earlier with colin -but not with dg and not after the aq deadline, they are just inundated with paperwork)

they just can't get it all done. these letters are an out for them. remember the game is they don't want to go to court - and truth be known we don't either - we just want our money, right?

[Whatawoman]

Right!

I just hope it does not go all the way to the line - I really could do with this money before May!

Patience is not a virtue I have

[nettyg]

i'm feeling lucky today and my guess is, that you'll receive an offer very very soon!! (mystic perky)!!

[Whatawoman]

Oh Netty you are fast becoming my number one responder ha ha - hope you are right Thanks for the optemistic reply anyway

[Whatawoman]

I have just emailed Kate Eaves (who is dealing with my claim according to the defense entered by DG). Be nice if she replies in the affirmative

 

Dear Kate,

 

I am writing to you in respect of my claim (number xxxxxxxx)

 

I am about to submit my AQ form which will incur a further cost of £100 bringing my total claim to £1800.67 + daily interest from 13th February 2007. Before I send it to the court I wanted to see if a resolution and full offer is imminent or not.

 

I look forward to hearing from you,

 

Yours faithfully

Helen Ashby

[Whatawoman]

Well I recieved a quick reply - and I have to say it has un nerved me a little.

 

No dear Helen and no from anyone.....just one line!

 

We suggest that you submit your Allocation Questionnaire as planned!

[stroke a badger]

Well, Close of play today is the deadline for the submission of both Allocation Questionnaires, but I expect if DG neglect to produce their's in time they will get an extension. How annoying is that!!

 

One very quick question. If I wanted to fax a modfied version of lateralus letter, which number would I be best sending it to.

 

Cheers all

[domflanuk]

I have just come across this thread, it seems that "whatawoman" is being taken the whole 9 yards with this claim, i dont know why they drag it out for so long as the inevitable result is going to be a settlement!

I was fortunate to receive a settlement offer the day of MCOL, i am glad i didnt have to take it this far... Good luck!