FergalThang v HSBC

[FergalThang]

Evening all,

 

Thought I would stop lurking and actually post!! I have followed what I can only describe as the invaluable advice on this board, so thanks to each and everyone of you.

 

I am about to fill in MCOL as letters have been sent, responses received from our good friend Mr Langdale, but alas, deadline has passed and no offer has been forthcoming.

 

Sooo.....

 

I think I have everything straight here, just one question that is throwing me somewhat, as it seems different threads suggest different things, either that or I am just confusing the issue... However, once the MCOL is submited, do I then have to send copies of correspondence off to MCOL to be added to the file, or do I just wait to hear from DG and then send off my bits and peices? Any advice would be gratefully received!!

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[FergalThang]

That's great, thanks for the advice, will keep you all posted and heres hoping for another success!!!

 

Cheers!

[FergalThang]

Morning all,

 

I submitted the MCOL back on 22 of January and have a couple of quick questions if I can!!

 

The status online was changed to Acknowleged on 24/01/07 and I received the notification that they intend to defend a couple of days later.

 

As things stand, it is still only showing as acknowleged as at this morning. Am I right in saying that if they do not enter a defence (which I am assuming will show online where it currently says acknowleged), can I then start judgement through MCOL? Which by my calculations would be on 19/02/07.

 

If so do I need to at any point request that the court is changed to a local court and do I need to file any additional papers?

 

I have not entered into any corrrespondence with DG, other than to send them copies of the schedule and previous correspodence with HSBC. Reluctant to do so at the moment as given that it appears they have not entered a defence, I do not fancy encouraging them to do so!!!

 

Any advice at this stage would be gratefully appreciated.

 

Many thanks,

FT.

[nettyg]

hi ft

everything is as it should be at the moment. the status will change to 'defence' at the last minute on 19th. you'll then receive the defence and aq.

 

everybody is working 2/3 weeks behind, so even if you hit the judgement button on mcol (if it lets you), the court will probably give hsbc 7 days further to submit their aq. all a bit hit and miss at the mo - don't worry though - we'll all get there in the end!

 

netty

[FergalThang]

Netty,

 

Thanks for the info, thought I was doing ok, but just wanted to check to be on the safe side!! Better, keep some cash aside for the aq

 

Have just requested 6 years worth of statements on a Llyods TSB credit card as well so shall be shortly going through it all again!! Fun and games!

 

Cheers,

FT

[mlloyd]

Hello Ft,

 

I am currently at the same stage as you with MCOL. You are about three days a head. Will be keeping a close eye, so please keep me updated!!!! I'm going to hold out for the lot!!!!

[FergalThang]

I will be holding out for every single penny!!! Will let you know as soon as anything changes, looks like they are holding out as long as possible before entering a defence though!!

[mlloyd]

I will be holding out for every single penny!!! Will let you know as soon as anything changes, looks like they are holding out as long as possible before entering a defence though!!

 

It does seem that way, I still haven't had a defence posted. When I faxed over the calculation sheet I pointed out HSBC made two offers; £2000 and £3000 and I declined both!!!! I want it all, and I'm going to get it........ Although it's very frustrating waiting!!!!!!!!!!!

[skintasusual]

Hi All

 

FergalThang can't get on today so I am asking on his behalf

 

HSBC have not entered a defence yet, They have until 5pm today I assume.

 

If they don't enter the defence today, and he asks for the judgement to start, What happens next?

 

Any advice much appreciated

[FergalThang]

Hmmm, yeah, appears that my company have blocked access to the site, funnily enough a bank!!!

 

Anyway, it seems I have done my maths slightly wrong and didn't notice that the 28 days in which they have to reply is from the date of service which is 5 days after the date of issue.......

 

So, if I issued on the 21st Jan, then they have until 24th February to enter a defence. Does this sound right or am I reading it all wrong??

 

Cheers!

[mlloyd]

"The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply" "Acknowledgement" is them acknowledging that they have been served (or so I understand).

[FergalThang]

Ahhhh well, t'was all in vain they have entered a defence today so will have to go down the same path as those before me

[nettyg]

welcome to the 'fold' ft lol

[FergalThang]

Hehe, thanks, but 'fold' we shall not!!!

[FergalThang]

Well, the allocation questionnaire has landed!!

 

Mine has to be submitted by the 11th March, which is a Sunday However I am away from the 8th so will have to file on the 7th.

 

I seem to remember some people getting an N150 to complete, but mine is an N149, without sounding lazy, what exactly is the difference?

[givememymoney]

I think and am willing to be corrected that the N149 is specifically for the Small Claims track i.e. under £5000 and the N150 is for any track (fast, multi or small)

[nettyg]

hi ft

the N150 is for claims over £5k

[FergalThang]

Ahhh gotcha!!! it just seems far easier to complete that what you are presently faced with netty!!!

 

It looks like there will be 4 or 5, if not more, people who's queastionnaires are due in at the same time.

 

Did you get yours filled ok or leaving it 'till the weekend?

[nettyg]

as you well know, i had a bit of a stressful start to the week!! so i've put it to one side and am going to concentrate on it at the weekend. it doesn't have to be filed until the 4th (sunday) so i'll be sending it off on 2nd for next day delivery i think - it'll get there on the friday then.......

 

then the fun begins.... dg hate me, can't think why - i've been very pleasant to ALL of them hehe

[FergalThang]

Well it is nearly the weekend, so time to relax and fill it out over a bottle of voddy!!!!

 

I have yet to start pestering D&G, but that will all commence on Monday!!

[nettyg]

noooooo i shall be leaving the voddy right out until i've done it!!!!

[givememymoney]

I am with you there fergalthang my AQ is due 6th March and DG are going to find me a right pain in the arse from next week!

[FergalThang]

Well thanks to everyone on here and their assistance, I have now received a full settlement offer from D&G, so thanks again to each and every one of you.

 

There are a couple of conditions attached, as per usual, the obligatory confidentiality clause and also the one below......

 

They have said that my accounts have been passed to metropolitan collection services limited and therefore any sums paid in settlement will be set off in reduction of your outstanding debt.

 

Now this is causing me some confusion (and might confuse anyone who read this post before I edited it!!), as I do not make any payments to metropolitan collection services nor do I have any account with them that I am aware of!!!

 

I did have a managed loan that and having looked into this it would appear that the debt was sold to a company called Intrum Justicia, whom I now make payments to. Am I right in saying that as Intrum Justicia have, presumably, bought the debt from HSBC and are nothing whatsoever to do with them? As opposed to metropolitan who appear to be a recovery arm of HSBC? Do certain debts get held with MCS and others sold or something like that?

 

I appreciate that I can tell them that I wish the cheque made payable to me etc, however I am slightly concerned if they are saying that the I have debt is with MCS.

 

Cheers!

 

Oh yeah, and when returning the offer letter, should I return it without signing advising what I do not agree to. Or, should I delete the bits I dont agree to and then sign it?

[FergalThang]

Ok have done a bit more digging and they are talking absolute nonsense about the Metropolitan Collection Services. It would appear that I did pay them a monthly sum back in 2000, but nothing since!!!!

 

Have drafted up a letter of response and would be grateful if anyone would add any thoughts on what to add or remove.

 

 

D&G Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ 24 February 2007

 

WITHOUT PREJUDICE

 

 

Dear Sirs

 

I acknowledge receipt of your letter dated 22 February 2007 and your settlement offer of £xxxx.

 

I am willing to accept your offer as full and final settlement for this claim of bank charges made on my account between xxxx and xxxx. However I cannot agree to the further conditions of acceptance that you have attached to this offer, namely HSBC seeking my confirmation that this payment will be treated as confidential.

 

I am not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxx, in order to be afforded this privilege by myself

 

Furthermore, I would like to take the opportunity to point out that I do not have any accounts, nor do I hold any agreements or have any outstanding debt with Metropolitan Collection Services in relation to any accounts previously held with HSBC Bank Plc.

 

As this is the case I would respectfully request that payment of the aforementioned sum of £xxxx be made payable by cheque, drawn in favour of xxxx, issued to the address quoted above and that the terms of offer be accepted as amended in the attached signed offer acceptance.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim.

 

If confirmation of your acceptance and full payment is not received within 7 days, I will proceed with submission of the Allocation Questionnaire, which will result in a further £100.00 being claimed in addition to the sum quoted.

 

Should you not accept my own conditions for acceptance or choose to withdraw the offer of £xxxx, plus any additional costs which may arise, please be aware that I shall be left with no option but to continue with my claim through the small claims court.

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter and have amended the enclosed offer of acceptance accordingly.

 

I trust that you will find this arrangement acceptable.

 

 

Yours faithfully