Surf v HSBS

[surfstak]

Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

 

This was Acknowleged 20/02/07, time for a DG tickle maybe or let them come back and defend?

Im not fussed on havin to do an AQ...

[surfstak]

Took me right til the end eh.

They have DEFENDED.

[givememymoney]

That is the way the lovely folks at HSBC do things at the moment

[nettyg]

here's a little light reading for you!!

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

[surfstak]

here's a little light reading for you!!

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

cheers Net:-)

[surfstak]

Arrgh section G looks a bit conusing?

[nettyg]

note particularly posts 2 and 3. post 3 - the bit in blue is the wording for section g of the aq (if it's a 149 or section h if it's a 150) that's telling them that you are asking for a draft direction and post 2 - the bit in blue is the actual draft direction which you put on a separate piece of paper - fill in the xxxxxxx's to your own details on both - and put you name and claim number at the top of any extra sheets. if you haven't already sent the court an breakdown at some point - send them one with your aq - also with your name and claim number at the top.

so, what is your deadline?

it costs 100 to file - get this back with your claim - (unless it's under 1500, then it doesn't cost). i advice filing a couple of days before it's due - don't miss the deadline.

send dg a breakdown / then follow up with a phone call asking if it's there.

file just before the aq is due.

[surfstak]

note particularly posts 2 and 3. post 3 - the bit in blue is the wording for section g of the aq (if it's a 149 or section h if it's a 150) that's telling them that you are asking for a draft direction and post 2 - the bit in blue is the actual draft direction which you put on a separate piece of paper - fill in the xxxxxxx's to your own details on both - and put you name and claim number at the top of any extra sheets. if you haven't already sent the court an breakdown at some point - send them one with your aq - also with your name and claim number at the top.

so, what is your deadline?

it costs 100 to file - get this back with your claim - (unless it's under 1500, then it doesn't cost). i advice filing a couple of days before it's due - don't miss the deadline.

send dg a breakdown / then follow up with a phone call asking if it's there.

file just before the aq is due.

Sir Yes Sir:)

 

Deadline= April 7th mate.

[surfstak]

Just to keep up to date I filed just before the deadline and now its 10 days later and my cheque for a £100 was cashed yesterday.

I have nothing through as yet so may ring the court tommorow to find out if DG filed their AQ.

[nettyg]

the most annoying thing is... they cash the cheques as soon as they arrive in the court's post room - before they do anything. yes, ring the court tomorrow and see where the land lies!!!

[surfstak]

the most annoying thing is... they cash the cheques as soon as they arrive in the court's post room - before they do anything. yes, ring the court tomorrow and see where the land lies!!!

cheers.

 

If DG havent filed is it worth a tinkle to our stalling friends:|

[nettyg]

hsbc are out of the equasion so to speak as you are now dealing with dg. give them a 'tinkle' and see what's what.

[surfstak]

Courts have not received DG's AQ (11 days late) I explained that they had missed the deadline but as the judge was busy they have not looked into the case yet.

 

Phoned DG and let a message for our Rach explaining their AQ was late, no phone back as yet:-?

[HSBCrusher]

infuriating isn't it?

DG submitting the paperwork is preferable to you trying to get a default win.

try and keep your chin up!

[surfstak]

AQ submission date was 07 April 07. I have rang the court this morning as I have heard nothing so far.

Supposedly the judge reviewed the paperwork on the 18th and had passed this onto the 'district' judge?

The clerk says the next stage is either an 'unless order' or the judge will strike this out.

I have sent a nudging letter and left a phone message which wasnt replied to. Im gunna drop an email to Rachel now.

If its struck out do I still get all the cash?, just with your comment crusher of "paperwork is preferable to you trying to get a default win".

Cheers!

[surfstak]

*NEWS FLASH*

Just had a letter from DG delivered offering £1758.

Total I requested is £2045 (this includes the 8% interest) + 100 MCOL + 120 Court Costs = £2265

I'll reply and accept as a part payment.

I sent a nudging email this morning.

[surfstak]

:idea: Is this letter received today standard?

 

They wrote that the period claimed for was in ecess od six years prior to the commencement of the claim. (20/02/01 - 30/09/05).

"our client will not entertain a claim in resprct of such charges as they are limited by the provisions of the limitations act 1980".

 

then they go on to say there are at a loss about the 8% int and can i confirm the basis of the claim with supporting case law.

 

They recon they are discrepanicies in the schedule also.

 

ARE THEY TRYIN IT ON?

[surfstak]

help purleeeeeease should i knock the offer back and hold out?

[HSBCrusher]

Hold out for the lot, you will get it.

The 6+ argument is dead in the water, and you have claimed the 8% because you have had to take court action.

Send the standard rejection letter.

[surfstak]

Cheers Fella.

 

Do you think the "discrepancies" is a scare tactic?

'Your shecdule has been checked against the charges actually passed to your account which has revealed some discrepancies.'

 

This seems odd as the only charges I would have entered on my spreadsheet are the ones that were stated on my statements.

Maybe that again refers back to the 6+ theory?

 

Anyoo I shall reject the offer...again.....

[surfstak]

Dear Sir,

 

Thank you for your letter dated 30/04/07. I respectfully decline your offer of £1,758.62 as settlement of my claim.

My claim is for £2046.16 as outlined in my Particulars of Claim, plus court costs of £220, and this claim will continue until payment is made in full. This figure includes interest claimed at the annual rate of 8% pursuant to Section 69 of the County Court Act 1984.

 

Regarding your six years statement and the commencement of my claim my initial timescales are set out below:-

Request for repayment of charges - 13 December 2006

Response To Settlement Offer/ Letter Before Action - 17 January 2007

Claim Period – 20 February 2001 – 30 September 2005

You also state that there are some discrepancies in my schedule against the charges passed to my account, you should be aware that my claim for charges has been meticulously calculated and double checked. I would be grateful if you could elaborate on these discrepancies.

I’m sorry you are at a loss to understand my claim for overdraft interest; the claim is actually for interest on the penalty. had the penalties not been charged then the balance would be less overdrawn or even not at all, giving rise to a lower interest charge or none at all.

I have enclosed a copy of my schedule of charges to assist you.

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£2246) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

[surfstak]

Havent posted the letter yet so any comments would be great:)

[lateralus]

i think it looks fine!

[surfstak]

i think it looks fine!

Cheers:)

[Nikki1234]

Hi surf,

 

I must say I'm relieved to find this thread as I'm pretty sure I received an identical letter this morning. It even went as far as mentioning these phantom discrepancies we apparently have! They just re-worded the interest bit as I have gone for 15.9% contractual instead of stat.

 

I have been offered £4050 against a £5k claim and I must say I was very tempted, but no, I have stuck it out for 3 months, so I don't want to wimp out at the last hurdle!

 

I shall be ringing them tomorrow (well it's worth a try I suppose!) and will be writing to reject the offer... all I have to do now is wait for them to miss their 2nd AQ deadline and I'm home free....!

 

Good luck with yours,

Nikki