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Help! Think I've screwed up!


Eoin
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Hello All, if anyone could help as soon as possible I'd REALLY appreciate it.

 

I've been trying to get charges back from HSBC for some time (original thread here - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/46412-right-then-its-my.html)

 

Anyway, I started the MCOL and so forth. It was considered served on 17/01/07. I was using a c/o address and only the other day was the documentation from the court sent through. HSBC intend to defend of course. Today I was just browsing the forums and noticed that, after HSBC state their intent to defend, there should be another step I am taking. What is this step? Should I be sending more documentation to the court and HSBC? I am more than a little confused and, since the 28 days for HSBC to reply will be up on 14/02 I'm beginning to panic that I haven't done something and won't get any money back! :confused:

 

Any help will be much, much appreciated!

 

Eoin

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hi eion

did you get the defence papers and aq from the court? are they the paper you're on about. you should see a date on the papers by which time you have to file the aq - check this because you dont want to miss this deadline - get back to me and let me know exactly what you have got

don't panic

If i've been helpful in any way....then tip my scales over there!

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Hi - and thanks for the reply!

 

The only thing that I have so far is an Acknowledgement of Service (stating the intent to defend). This was filed on 15/01/07.

 

Since then, seemingly in error, I have done nothing...

 

Having read some other threads it looks like I should be sending two charges breakdowns to the court and one to DG - is this correct? And, importantly, is there a time limit on this? If I send the relevant stuff out tomorrow it will arrive with the court and DG before 28 days have elapsed since Acknowledgement of Service.

 

I am, as you can see, generally confused...

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ok no need to worry. i presume that the claim was deemed served on 17th jan, so they needed to acknowledge which they did. if you look on the mcol site, the status will show acknowledged. they will file their defense any time between now and the 14th Feb - it will probably be on the 13th, they like to leave it till last minute!!

 

when they do, they will send a copy of the defence and the aq. i'll send the thread on how to complete the aq later on. right now, calm down and relax, there is nothing to do except read as much as you can on the aq procedure until it arrives.

 

i'm at the same stage - really nothing to worry about, and i know how sometimes think 'blimey i must have missed something' but you really haven't.

 

send 2 copies of your breakdown to northampton county court referencing your claim no xxxxxxxxx and 1 copy to dg. give them a couple of days to receive them then give them a call, email, fax just to make sure they have it. after that, just wait ok? panic over!!!

If i've been helpful in any way....then tip my scales over there!

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Thanks very much for that advice - I'll send the breakdowns off in the morning. As long as there's no penalty involved in me taking nigh-on 28 days to send them in then that's alright! :)

 

Thanks again!

 

Eoin

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Well, I have filled in my AQ (though haven't sent it yet - last filing date is 3/3). I've also emailed Debbie to make sure she has my schedule of charges...anything else I should do now other than hold off filing for a bit and pestering DG as much as possible?

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Well, DG have let me know that my schedule has been received (after a mere three emails and two phonecalls...) but have said nothing more on the subject. Since my AQ final date is 3/3 should I just file now? Will it make a blind bit of difference? Realistically how long should things take from now? I've been reading the forums but this is the part where I start to get a bit tangled up and unsure of procedure...

 

Also, a question here for the AQ - if I attach the new strategy directions I'm wondering if I'll have to use original statements as my supporting documents? I used my online banking facility to go back six years and, consequently, don't have any "official" stuff from HSBC - merely the printoffs that I made from my online account records. Is this submittable or will I have to get statements from the bank? As ever I'm a bit confused there!

 

Thoughts anyone?

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you don't need your copies of statements at this point just your schedule of charges/breakdown/spreadsheet whatever you wish to call it. statements will be need if you need to get a court bundle together, and don't panic about that either - that's IF the court give you a date for the hearing, and that wouldn't be for a good while yet. you're doing just fine.

 

mine's due on the 4th march, so i'll get it posted for next day delivery so it arrives at court for the friday before (2nd), another 100 squid down the pan (til i get it back anyway).

 

btw.. the copies of statements you got from online banking are fine.

hang in there - we're nearly there!!! ;)

If i've been helpful in any way....then tip my scales over there!

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  • 2 weeks later...

Well - I hear you've won netty...hopefully I'll hear something shortly. I filed the AQ in time for the 3rd. Didn't get anything from DG before then. Guess I best phone the court tomorrow to see if they even filed their AQ...if they didn't, what's the procedure?

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phone the court tomorrow and see if they filed theirs. even if they didn't, they are usually given a further 7 days to do so (not fair as we manage to get ours off in time!). i'm not sure, but if they still don't file, you can ask for judgement by filling in another form - i'll have to find out if this is correct and if so, which form it is.

 

i'll be back

If i've been helpful in any way....then tip my scales over there!

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