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

[Whatawoman]

What? you mean my impatience shows? I thought I was hiding it so well

[Andy Williams]

I think the biggest problem now is the strain on the court system. HSBC strategy now is to do absolutely nothing until they receive final deadline from the court.

 

My MCOL was transferred to Cardiff (my local court) with a allocation questionnaire deadline of 2nd April. Speaking to court officials it seems that the judge still hasn't made an order and won't do until next week and then there is a 10 day back log on typing up orders.....judges are therefore adding 2 weeks to their normal timescales to take account of this backlog.

 

I don't understand why the bank's defense is not being thrown out automatically when they don't make allocation deadline.

[Whatawoman]

oh Andy, seems we are on the same path and timescale so keep me updated how you do.

 

I agree the defense should just be struck out when they don't submit an AQ - I guess my local court is under the same strain then as I am waiting for the Judge to make an order too, I expected that to be within a day or two of the deadline passing

[forever young]

Hi, whatawoman, AQ due 1st April. Have sent nudge letter, have rang DG - heard nothing. Rang Court, was told same as you. Still waiting.

[Whatawoman]

Wow - how frustrating..... however you being told the same gives me renewed hope for an offer.. I was starting to think I was the first to go to court!

 

Hopefully offers coming this week

Helen

[forever young]

I really hope so I am not a patient person, and it feels like this has gone on forever. I have had no response from DG at all, which is frustrating, no contact from HSBC, no offers, nothing from the beginning. Hopefully though as you say we might hear something this week.

[Whatawoman]

I had one measly offer from Mr Langdale at the LBA stage in respose to my Prelim letter then nothing... DG are rude in the two email responses I have pushed for .... Kate Eaves addressed me as MADAM! and sent me a template reply.... Not sure what they concider "Due Course" to be but for me due course has passed.....

Keep me updated, hopefully we are in teh same batch and willhear today, I have been told offers come Wed, Thur Fri in most cases.

[Andy Williams]

Hello whatawoman,

 

just rang the court...allocation questionnaire still not received by court and Judge still not made order. The Clerk told me that the Judge will probably either make an unless order or move to trial date (why when they haven't received questionnare?)

 

Hears the great news DO NOT EXPECT TO HEAR ANYTHING IN THE NEXT 2 WEEKS AS THEY ARE VERY BUSY AND SHORT STAFFED.

 

oh well, I can't see DG making offer now until their hand is forced..hopefully I'm wrong.

[Whatawoman]

My court has jsut said the EXACT same thing - I smell a rat.....

 

instead of paying us DG are paying the courts to stall (JK)

[anney63]

Did you manage to get any response from Kate Eaves . I have saent 2 letter by fax and an email and had absolutely no response at all. I find this sooooooooooo! rude how do you get any answers???

[Whatawoman]

The only response I have had from her either by phone, fax or mail is this imersonal email response: (I don't think that customer liason is her fortee!)

 

Dear Madam

 

Your email is acknowledged and will be dealt with in due course.

 

Yours faithfully

DG SOLICITORS

[Whatawoman]

Well I rang the court AGAIN who said that the claim was refered to a District judge on the 17th and they are waiting to hear what he will do, he may still issue an unless order, despite DG having had a further 18 days since the AQ deadline of 2nd April - this is all seems very unfair.

[Whatawoman]

Just phoned DG and left ANOTHER voice message as no one is answering the phones today

[lateralus]

that's why we started writing instead!

[forever young]

Hi received letter from court yesterday (at last some correspondence from somebody) just saying that the judge has read the court file and it is ordered that unless by 27th April the defendant files a completed AQ the defence and any counterclaim shall be struck out without further order. The only thing is I rang court on Monday and they had just filed their AQ, so reckon these must have crossed each other. Sent another nudging letter to DG yesterday, just waiting now.

[forever young]

Can anyone tell me if DG receives this same letter from the Court!

[lateralus]

absolutely - all along the way - they have the same deadlines (unless the judge orders differently). so, if they have filed - next letter you say - i understand you have now (instead of understand you have not) makes no difference - you still want an offer - keep writing nudges until you get one.

[Whatawoman]

oh wow so they are still filing AQ's jsut waiting till the last possible moment again

Good luck Forever

[forever young]

we WILL get there in the end!!!!

[Castlebest]

I believe the changes to the system have been done to try to relieve pressure from the court staff but maintain pressure on DG to make offers because the District Judges know the only way the court will get rid of us is with our money safely stuffed into our back pockets.

 

pete

[Whatawoman]

Seems to me the main reason for delays now is shortage in Court Staff!

[Whatawoman]

CONCERN RE THE COURTS:

 

I rang the court again today. My AQ deadline was 2nd April, because of a shortage in District judges it didn't get passed to one till 17th April (DG had not submitted an AQ at this point). Now I am told because of a shortage in admin staff they are at least 14 days after the judge has made an order before paperork is being processed. (Surely this is just giving DG more and more and more delaying time, and if the judge issued an 'unless order' on the 17th but DG don't get the details till May sometime, can't they argue it was unfair? I am so frustrated with this whole waiting game.........

[Whatawoman]

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

 

All on voice mail - surprise surprise!

[lateralus]

just send a nudge - they can't ignore that.

[Andy Williams]

Judges are aware of the backlog. If they make an 'unless order' they will take account of the fact that it may take 2 weeks to type up order and add this time on. Also bank charge cases are a very low priority. According to the Clerk I spoke to staff are waiting to be given overtime to type these orders up, until then they are at the back of the queue.

 

I rang the court today and judge has made order. A court date has been set for 14th August (though the order hasn't been typed yet). This is despite the fact that HSBC didn't file AQ...Judge obviously gave them benefit of doubt.

 

Resigned to the fact that HSBC will probably ignore me until week before trial.

 

I think their strategy is to make it as difficult and frustrating as possible to claim against them and possibly make reduced offers once OFT report comes out. Does anyone know when this is due? I thought it was to be published end of March.