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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Request for Judgement.....help please!!


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Yay the bank have 'forgotten' to enter a defence so I win!!!! YES!!!!

 

So firstly thanks to all, it got a bit hairy but I stuck with it!! But I need a bit of help on my Request for Judgement please........

 

Basically, my initial claim that went to court was for £460, but the bank wrote to me responding to my LBA after this with an offer (I refused) but also I had to take some charges out of my schedule. So I replied to the bank with a refusal and a revised schedule for £300 and also sent a copy to DG.

 

So HSBC didn't defend and I'm filling out the Judgement but it has a couple of columns and I'm not sure what to put. It says:

 

"Amount of claim as stated in claim form"

"Interest since date of claim"

"Court Fees"

"Deduct amount (if any) paid since issue"

 

So, should I put the original total I claimed for and then take off what I had to in the deduct column, or should I put the new total in the claim column?

 

Also, do I add on any more of the 8% interest that has accrued?

 

Thanks, these are probably really obvious but I don't want to mess up at the last hurdle!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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don't want to pop your bubble - but, the courts have been lenient with the banks before and you may find that they will accept their late defense - don't worry - it just means you carry on, regardless.

don't know what those questionable charges were - but if you felt you were entitled to them and they were in:Charges description on statements - Please Read , then i'd include them - use original totals, don't deduct - that means money they have paid you, if you didn't put daily interest in your claim then put 0 in more interest.

i really think you'll find they will accept the banks late defense - so be prepared (mentally) to just carry on.

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Ok, thanks for the heads up!! :) I've waited for the post and nothing today, so I'll take the Judgement to the court Monday? If they do file a defense I'll get a letter and then do the allocation questionnaire right?

 

Yeah, the charges were an unpaid cheque which (unfortunately) they are right to contest, dammit!!! So I took it off and sent a revised schedule to Colin Langdale and DG Solicitors. So I guess I put the revised amount in the total claim column, even though it is different from the original, as that is the total I am claiming? And then put 0 in the interest column as I added the 8% on when I went to court?

 

Sorry for all the questions!:???:

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Right then, still no post today so I toddled off to the court and filed the Request for Judgement this afternoon, eeek!! Bet there will be post tomorrow now, just my luck!!! Will wait for them to get back to me I suppose..........

 

Wait wait wait!!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Grrrrr!! You guys were right, I received a defence from HSBC yesterday :(

 

I have to fill out the allocation questionnaire by 01st February.......

 

I've read other posts that say sit tight until the last minute that you have to file it, as an offer might come in? So thought I'd complete the AQ and sit on it until I have to file it.....just in case!!

 

but I have a question, as I have filed the Request for Judgement, but then received the AQ and defence, what do I do? Do I have to tell the court or DG that I did the Request and get them to cancel it? Or should I proceed as per usual and ignore the fact I had already given in my Request?

 

Thanks!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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they already know - wouldn't bother - they knew before you. know you start bugging dg - did you send a breakdown - ring and see if they got it and if you might be hearing from them soon. this is the time to see if you can't prod them into an offer before your aq is due.

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Rand Deborah D'Aubery, she is the contact they have given me, but she is off until Monday. On Monday I will call her and try and nudge them along! Thanks:)

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Well the post came today and I had two letters....one returning my Request for Judgement, as expected!! But the other.......

 

FULL OFFER!!!! Woo hoo!!! DG sent me a letter with the usual HSBC are confident they would win but mindful of the whole time and costs etc and prepared to make a full and final offer!!!! Yay!!!

 

So, it has the whole thing about confidentiality which I willl cross out. But I am worried they might try and use it against my loan instead of paying it into my account, what should I do to make sure they do it my way?

 

Thanks so much everyone, Lateralus you are so wise!!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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wise i'm not - just good at follow instructions and like poking my nose into other people's business.

i am so pleased for you!!!!!.

now, are we sure it's for everything - charges, interest and court fee?

if so, go ahead and sign. cross off the confidentiality clause, yes.

if your loan is up to date - then i'm thinking no way will they try to do this. my son's was a 2k refund - has a loan - it was never mentioned.

a lot of people are afraid it will be used to pay off stuff and so ask for a cheque - but i reallly don't think it is a problem unless you owe them and are quite behind. if you wanted a cheque - you must write now and specify a cheque. if you are happy for it to go into your account. it will be there about a week - maybe 10 days after you return the acceptance. When You Get Your Refund

 

once again - i'm chuffed for you. spend wisely!

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