Kat v HSBC ****WON****

[lateralus]

probably seen this before - if it is today - try pressing the button at 3 - no can do - try pressing it at 4 and guess what - a defence has been filed.

no harm pressing the button -

once it shows they have defended - don't call anybody - you'll get the court papers in 2-3 days.

[Katteh]

Checked this morning and they have finally filed their defense! So now another waiting game.

[givememymoney]

Yeah this seems pretty standard at the moment they want to see how far they can push people at if they can get them to accept a lower offer.

[Whatawoman]

Well I guess my claim will be defended in a day or two then as I am following you

[Micheyboo]

I checked MCOL and they filed their defence for mine today too, though it wasn't due until Weds, so they are early unless I am getting my deadlines wrong. Tick-Tock.......

[Katteh]

Got the defence through the post yesterday with the AQ papers. I've read through some threads but have seen a bit of conflicting information. Is it best to submit the AQ sooner rather than later, or wait until the last minute to submit? Also is there any point in communicating with DG at this point to maybe get on their radar now that it's at this stage, or will it just annoy them and make them more reluctant to deal with mine?

 

Thanks in advance.

[lateralus]

i wrote it all out in great detail for dickydido? yesterday - that may help.

 

just checked - that's great detail for the aq

 

as for filing - i say later but don't miss deadline as why spend another 100 you will need to add to the claim - when they may offer within this time frame.

 

wouldn't hurt to drop them a note - saying you will shortly be filing your aq and it will raise the cost of your claim - or call - but don't bug them. one call or e-mail or post is sufficient. if you call - you may actually get through as we are now advising not to bug them - they maybe put their phones back on the hook by now.

[Katteh]

I'll check that out thanks lateralus.

 

Right - I am about to file my AQ now, I've read over a lot for this but my head is just spinning with the amount of info to take in. So, I'm sending my AQ to the court they've told me to. Do I need to send a copy to DG? If so, do I just photocopy it? Am I right in understanding that I don't send anything along with the AQ form, just the lone form?

 

Thank you in advance.

[Michael Browne]

Do I need to send a copy to DG? If so, do I just photocopy it?

Only as a courtesy, you don't have to. But keep a copy for yourself anyway

 

Am I right in understanding that I don't send anything along with the AQ form, just the lone form?

1. Schedule of charges if you haven't previously sent 1 to DG

2. Draft Direction Order if you're going down that route

Otherwise nothing else.

[Katteh]

Thanks you, that helps a lot. I assume I would know if I was going down the draft direction order route?

[Michael Browne]

I assume I would know if I was going down the draft direction order route?

Yes, see here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[Katteh]

Thank you again

[Katteh]

Have been delayed slightly with filing my AQ as I've been very busy with work and haven't had a chance to fill out the last bit. I am filling in section G "Other information" and I'm utterly clueless as to what I'm meant to write here. Is there some kind of template available which I could get some ideas from? I've looked around a lot but haven't been able to find anything like this. Thank you in advance.

[Michael Browne]

Are you using the Draft Direction Order? If so see post#3 in the above link.

 

If not, use this:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

[Katteh]

Okay thank you. So just to clarify before I print/send this off. At this point I send the court my AQ questionnaire with the long version of section G - other information, and the draft order for directions (on 2 separate sheets) Then when the judge comes back in a couple of weeks time to me, I then have to file all information in the order for directions?

 

Is the draft direction order in post #2 of the link you gave me, the up to date version?

 

Also, in the last paragraph of the section G - other information it says...

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

As my claim is already at the small claims track does this still need to be said?

 

Sorry for all the questions (and repeatativeness), I just really don't want to mess up at this point.

[Michael Browne]

Then when the judge comes back in a couple of weeks time to me, I then have to file all information in the order for directions?

 

Correct, assuming he agrees to the draft order, you will be notified what is required.

 

Is the draft direction order in post #2 of the link you gave me, the up to date version?

 

 

Yes

 

As my claim is already at the small claims track does this still need to be said?

Yes, because although your claim may be below £5000, it hasn't actually been allocated to Small Claims. That's what the Aq is for, for the judge to decide which track is most suitable.

[Katteh]

Okay, thank you so much for your help. This form has been scaring me for a while now and I finally feel like I understand it!

[lateralus]

when you've filed - look for my "when you've filed your aq" thread - this is exactly when you want it - to sooth a little nervousness, see what happens next and some ideas for the next few weeks in your claim.

we are still all here - right behind you!

[Katteh]

Thanks for the reassurance. I already have that page bookmarked ready and waiting!

[Katteh]

This is probably a silly question, but do I just photocopy the AQ for the copy to send to DG?

[Katteh]

Okay so I have one envelope to my local court with AQ and 2 additional sheets paperclipped on, and I have one envelope with the AQ photocopied and 2 additional sheets paperclipped on, and a cover letter "please find enclosed etc..". Last question for now I promise!! Do I need any cover letter to the court? Or am I ready to go?

[Michael Browne]

but do I just photocopy the AQ for the copy to send to DG?

Yes. It's a good idea to keep a copy for yourself.

 

Do I need any cover letter to the court?

Not strictly necessary, since the AQ will have your claim no. on it, but you can if you want.

[lateralus]

and those extra pages with your aq - be sure they have your name and claim number at the top.

[Katteh]

I made sure they did, I used the templates off of the thread given above. Sent AQ and AQ copy yesterday recorded delivery. Back to waiting,

[Katteh]

Quick update, according to the RM site, AQ documents received by both parties Friday morning.