johnnymitch v HSBC

[johnnymitch]

Hi There Fellow Claimants,

 

I wrote twice to HSBC and told them they owed me about £620. They didn't answer either letter(2nd one, LBA, sent recorded delivery). At the exact 14 day point from there I instigated Court action online. Of course this meant the amount I was asking for went up to about £800, (interest + court costs (£80))

 

Then they came up with an offer, of £500, but with no admittance of liability, and as far as |I know they haven't advised the Court of this offer. (I think I'm right in saying they should if they're admitting even part liability?).

 

Now they have lodged a 'Defence' according to the online Court update.

 

I have a feeling they're trying to take me to the brink, but I've got the file ready if it goes there, and I'm prepared to argue it. But I think they'll pull out at the last minute. I' now waiting for details of where and when the Court action will be.

 

Any advice out there?

Thanks , John

[Castlebest]

Hiya john, Good Luck !!!

 

From what I have seen here just stick to your time line, read up on the arguments for claiming what you have and have the reasons very clear in your mind if you do get to court, including the tricky questions the banks cant answer.

But one step at a time, very few get as far as court from what I can see and there is plenty of help and advice if you have any questions.

 

pete

[johnnymitch]

Thanks Pete,

 

Good to know I'm on the right lines - I don't think it'll get to court(has anyone's to your knowledge?) - but I'll have the awkward list with me if it comes to that!

 

It's good to have your support though, Thanks again , John

 

PS: Good luck with yours, I didn't realise your process is actually behind mine!

[Castlebest]

Think a few have been to court but they tend to be people who are doing something a bit different i.e. going over the 6 year statute of limitations which gives HSBC's solicitors something to argue. I’ve not seen anything in the threads about "standard" claims that get as far as court.

They do wait untill the last minute to send anything though, I think someone at HSBC is trying to build a blue brick house

pete

yep i'm not at MCOL yet but the clocks ticking, find this site facinating.

[johnnymitch]

Have now received the Allocation Questionnaire with deadline for it's return of 3 March(it'll be returned well before that !) Meanwhile my online staus is:Status of this Claim

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

Has anyone been here before? Observations or advice would be welcome. I have today prepared two files, one for the court and one for me - what else can I do at this stage - is there still time for them to pull out, or have they now got to run with it?

Thanks in anticipation

John

[Castlebest]

Hi John, there are loads of threads about filling in the AQ's, do a search and look for any bits your not sure about and the problems other people have had. One particular thread that court my eye and could reduce the time after submission is this one

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Lots of comments by the senior people here on this thread all good stuff.

 

pete

[lateralus]

john

ok, have you sent a breakdown of your charges to dg? reason i ask is because dg never offers but what they don't first ask for a breakdown - so if you haven't yet - send them one - address on pg 2 of your acknowledgment. if you have sent one - now is the time to ring dg to see if it was received - it is keeping you on their lips - ring them. even if you haven't sent one - ring them to tell them that you are sending one. and then do it. keep pestering them every couple of days with something - it bumps you up to the top of their to-do list.

 

 

 

now, as for the aq - plenty of time - not due until 3 mar.

here's the info on the aq.ok, :Allocation Questionnaires - A guide to completion

this is your step by step completion guide - and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g on the aq, use the wording on post #3 of new strategy link,

and then attach draft order for directions to your aq - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

as for your last question - no one has gone to court - they might have a court date - but i don't think hsbc has gone at all yet - i feel quite confident saying - they will deal before that - but - let's get some action going here and hope for an offer before the aq is due - for that reason - let's not be too hasty to get it in - 2 march is fine - just before the deadline (but don't miss the deadline). if you file now - my thinking is - they just plop it onto the inactive files they haven't got to do anything to for a couple of weeks - let's keep it active - ring them - bug them - dance naked in front of their building. whatever! get back if you have questions or need more reassurance.

[johnnymitch]

Thanks a lot for your prompt replies Castlebest and lateralus. It is really appreciated at this stage. I've been fine

up to now, followed the steps fairly well, but now I'm getting slightly out of my depth I think.

 

Everyone is talking about DG. I must admit to complete ignorance here - what or who is DG and where do they come into the picture. Is there some document that I should have had that tells me about them? He-e-e-e-lp!!!!

 

I'm determined to see this through,even if I have to go to court, but i want to be 100% prepared, with your help I can be!

Cheers, John

[johnnymitch]

PS: If I dance naked in front of their building they'll definitely pay me just to move on!

[lateralus]

dg is hsbc's in-house solicitor firm which handles all these claims. so, once you've filed a claim your contact is with dg, not hsbc.

in your acknowledgment - pg2 is the box they ticked where they intend to defend - that's where you get their address (or in the contact info above in the hsbc forum notes),

anyway, now go back and start reading what i wrote above - obviously you haven't sent them a copy of your breakdown - do so, immediately and then monday, ring them to see if they have arrived and all else as above.

 

dare you!

[johnnymitch]

Thanks again, lateralus,

 

Now I know where you're coming from! I don't seem to have a written acknowledgement though, the only notification I can find was the online one. However I've now found and saved DG's details and will run with your advice -I will keep you posted - thanks ever so much!

 

Cheers John

[Castlebest]

Hmmm... I wonder if we can set up a video thread here..... on second thoughts, maybe not

 

pete

[lateralus]

oh, yes, could make an old woman very happy!

[johnnymitch]

Not if you value your video ,Pete!

[johnnymitch]

There's no answer to that which won't get me in trouble! LOL!

 

Sorry, that was for you, lateralus!

[nettyg]

lattie... behave yourself!!!!

indeed!!! lol

[johnnymitch]

Right lateralus - here we go! I've found the letter of acknowledgement - filed unopened by someone who shall remain nameless - and I've done a leeter for the court to submit the copies of Schedule of Claim. Now that it's moved from Northampton to the local court I suppose I can drop it in by hand?

 

I've also got a letter done for DG - (now I know who they are, I'm cooking with gas!). Tried to phone them on the pretext of asking if they need anymore than the schedule at this stage, but Deborah D'Aubeney is on leave till Monday, so I'll leave it for now - I''ll ring next week to 'check that she got the letter'

Things are moving apace - I'm working on the court bundle but hope I won't need it.

Thanks again for your support, it makes a big difference when you know you're not on your own.

[johnnymitch]

Just to get it clear about the 'Court Bundle' - at what point do I have to produce this and do I send one to the court and one to the Defendant, or do I give 2 to the court and they send 1 to the defendant. At what point does everybody need this - I've seen conflicting views and I don't want to fall down on protocol at this stage.

 

Hopefully it won't get that far and they'll default on the AQ, but I suppose I've got to be ready if they don't!

[johnnymitch]

It's OK, just me panicking! The bundle goes within 14 days of the Draft Order for Directions - right? And it's the claimant who sends it to both!!

[lateralus]

all that is aways down the line - stop panicing. after they defend - you get the aq and even then you don't do the court bundle. later.........

 

all you need now is to get the aq in order incase you need to file it - as per post 7 above - if the judge makes the draft direction a draft order - both sides have 14 days from his letter to produce 4 things - i'll post them here - but it is just a lot of copying - nothing new - and one of the 4 is the court bundle. unless you are dead keen to read ahead - don't bother just yet - but it's all here:one more quickie, if the judge agrees and it comes back and you have 14 days to send in the four things (post #47 of new strategy), and i see the evidence one (post #55 in new strategy) and a,b, and d are pretty self explanatory. and you are sending this back to the court - at what point do you send all this stuff to dg or do you? someone said about sending the aq to dg - certainly not before this point is it? at the same time as sending it to the courts? and the answer:

you send the stuff to the courts and the defendant (DG). its just a matter of courtesy sending DG a copy of your AQ when you send it to court. it isn't a requirement.

 

again, that will keep you off the streets for a bit - but certainly don't get ahead of yourself and start all the copying - may/probably won't, be needed.

[johnnymitch]

Oh, thanks again, Lateralus - I don't know what I'd do without your calming influence:)

 

Cheers, John

[johnnymitch]

OK, here we go again -

 

I sent Debbie D (DG) a breakdown of charges (recorded delivery) on Tues 20th and at the same time handed into the County Court 3 copies of the same breakdown and my AQ, together with the new 'Draft Order for Directions'.

 

I phoned Debbie today - just to check that she got it OK:rolleyes: - I think she's permanently on voicemail now, so I'm waiting for her to phone back - be nice if it was with an offer - but my deadline is not till 3 March.

 

I notice that the papers have picked up on it today - some are running it on the front page. Hope we get ours before the rush starts - or the Banks will be using that as an excuse for taking forever to refund!

[johnnymitch]

Right, here we go again -

I've kept my head down until deadline date(3 Mar) then asked local court if DG had filed AQ. They said give them a couple of days to find out as they were a bit inundated. Phoned today, they said 'No' and suggested I go for judgement. They will help with it - looks like the last lap - it seems the court were not prepared to give DG any more time - settlement may be just around the corner:D

[C&D]

Fingers crossed for you Johnny..

[lateralus]

seen my new thread? after the aq is filed............

you may get a little help there - like the judgment form. but the courts will be your biggest help - fingers crossed for you - let me know how it's going - maybe on that thread - as i'm try to build up a picture for everybody.

When you have filed your AQ................ (1 2 3)