ET v HSBC offer made - should I bite?

[ETphoneshome]

I found this on here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=strategy

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

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 the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Does this sound the right thing to put into section G of a 149 anyone?

[ETphoneshome]

Now reading through a lot of court stuff. I am terrified about going to court and having to defend. I've just had a baby and it is using all my sleep deprived brain cells looking for and understanding all of this AQ information. At this rate I am probably going to get it struck out anyway. Maybe I should just give it up. My time online is so difficult to find with a new baby and I feel I am sinking in mud with the claim

 

If I give up now and not file an AQ will I get charged?

[darling1]

don't give up - they are only doing this to you to make you give up, unfortunately you will have to go on as if you will go to cour, but don't give up. YOu may be sleep deprived ( ) but they don't know that, so just do each bit as it comes along, prepare all the court stuff as required and try not to worry. With a new baby I know a few extra quid will come in handy

 

 

ITS YOUR MONEY -YOU WILL GET IT BACK (one way or another )

 

 

 

 

if I have been of help -please cllick on my scales - thank you

[hagenuk]

Ok, this text from the link that Livelylad posted is what you put in section G,

 

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. I believe this would bring a rapid end to this litigation.

 

The idea is that you want the Judge to order standard disclosure, in spite of the fact that your case will probably be heard on the Small Claims Track, which does not automatically include standard disclosure.

 

The New strategy for Allocation Questionaires pretty much does the same thing but goes one step further and provides a draft order for directions, which includes an order for standard disclosure.

 

If you wish to use this then you must also include the draft order, which is fine.

 

I have PM'd you, please get back to me and we can get this AQ done and filed.

 

Above all, stop worrying and enjoy your new baby

[ETphoneshome]

HagenUK

 

Thanks so much. Reply coming. Here is my timeline so far:

 

13.12.06 – called and asked for bank statements for 2004-2001. Was asked if I had asked for them before. I said no. I asked how much it would cost. She said £10. I was told that having these statements was no problem. I then asked to cancel my Visa card.

 

21.12.06 – send letter to HSBC local branch asking for the return of £831

 

2.1.07 – receive letter from Colin Langdale saying that they will not look at highlighted statements but need the info in a table format

 

4.1.07 – write to Colin Langdale with charges breakdown in a table

 

10.1.07 – receive letter from Colin Langdale saying he is investigating the matter

 

29.1.07 – file MCOL for £831 plus £80 charges – total £911.

 

30.1.07 – receive notice of issue that MCOL is deemed served on 3.2.07

 

31.01.07 – receive Acknowledgement of Service of the MCOL saying HSBC will defend

 

10.2.07 – receive letter from Colin Langdale offering £732.00, giving me seven days to accept

 

17.2.07 – receive letter from DG Solicitors wanting fully itemised breakdown of the amount with the date of charge, description and value.

 

18.02.07 – sent letter to DG with breakdown

 

28.02.07 – MCOL expires and HSBC submits defence

 

1.03.07 – receive notice of transfer of proceedings, defence particulars (five bullet points) and AQ form 149

[ETphoneshome]

To all those getting AQs, this might help http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=strategy

 

Although it is VERY long and some bits are hard to grasps for the layman. GaryH really does explain it as simply as possible and seems to be there to help everyone.

[RaoulDuke]

Hi EtPhonesHome

 

Think it might be worth us buddying up? my MCOL expired on 28/2/07, I expect my AQ stuff will be on the doormat when I get home.

 

I'm a bit rushed today, but will spend some time on it tomorrow.

 

And I'm expecting April! well my partner is, I'm just getting fat and slavering the house in paint.

 

Raoul

[ETphoneshome]

Hi Raoul

 

Congratulations and welcome to the crazy no sleep world. Yes, more than happy to buddy up. I've had a lot of help so far with the AQ and willing to share if you need help (section G and the draft directions).

 

I got sacked when I was pregnant in 2003 and set up as a freelance. 2003/4 was tough financially and we got whacked with £832 charges, mainly in that year. Now I am on maternity again, having that money back will really help with July's tax bill (which I will struggle with otherwise).

 

I am SHIT scared of going to court but I've come this far...and people really do help on this website. It's sanity saving.

 

---

 

Darling1

 

Thanks for the buck up post. I needed it!

[HSBCrusher]

HSBC will pay up, you will not have to go to court.

Its nothing but a big game to these guys.

Chin up, you will win.

They have just settled with me, weeks after I put in my AQ, although I am still waiting for the cheque.

[darling1]

I am asking everyone I can and no one replies!!!

WILL WE GET THE MONEY THAT WE PAY FOR FILING THE AQ BACK .....

 

surely some one will tell me??? on a sml claim of about £500 a charge of £100 is a lot on top of the court fee of £80.00 that bit is returnable I know............... I have paid £100 on my own AQ (lloyds) but that was for a large amount - over £5000 - well over!

Let me in on the secret!!!.....please

[Katteh]

As far as I'm aware, you don't have to pay for the AQ unless it's over £1500. And if you do pay, you get it back as part of the claim, same as filing the MCOL.

[hagenuk]

Yes, you do get the AQ fee back, but you only pay the AQ fee on claims of over £1500, so on a claim of £500, there is no fee for the AQ

[MARTIN3030]

4 threads merged

[RaoulDuke]

Hi ETPhoneHome

 

AQ stuff was waiting for me when I got home yesterday, my last date for filing AQ with Court Office is 18.03.07 is yours the same?

 

Raoul

[darling1]

Thanks for the info ref charge for AQ this claim will therefore have no fee as only for about £600, but we forgot to claim the £10.00 back for the SAR ! oh well.

Good luck ETphonehome and RaoulDuke - babies everywhere!

Ive had 6!! .........you start to get sleep again at about the 5th year, then in a few years you get to stay awake all night wondering what time they are coming in!!

[ETphoneshome]

Crusher: thanks for the chin up

Martin: thanks for merging my threads

 

Raoul: Yes, 18.3.07. I've sent it off yesterday with this wording for section G:

The Claimant proposes the attached draft order for directions, for the court’s due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900s.

 

In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

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 the 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. I estimate this case will take not more than one hour.

 

I sent the draft directions with them too. I have to say a massive thanks the marvellous Hagenuk for helping me.

 

Darling1: SIX?! Bloody hell. I tell you I am knackered with just two!

[ETphoneshome]

I got a statement today notifying me of a charge of £25 for being overdrawn last month. Weird, I though seeing as I have been really careful for ages. I looked at the statement in detail.

 

We were find until the 24th when at 8pm we took out £30 making us £25 over our limit. On 26th my husband got paid and we were fine again. We were overdrawn for 30 hours by £25 and got charged £25. I normally transfer funds if we look like going over but because it was a Sunday I just forget to do my daily check.

 

I called up HSBC and went mental. Really really angry. I haven't gone over the limit for about 8 months. I said if they really were going to charge £25 for 30 hours overdrawn I was closing the account and going to natwest. They waivered the charge as a goodwill gesture. I was so mad I really felt like closing. But at least I saved the £25. That's the main thing.

[lateralus]

yes, a triumph for reasonable behaviour - shame you had to go mental with them to get it - never mind. soon be over.

so, my advice - for what it's worth - this is a two pronged approach - the court stuff on one hand - aq, etc.

but on the other hand - ring dg and ask them when you will be hearing from them ring again - do they have your breakdown - ring again and say - gee, you must be oh so busy with all these claims - wouldn't you like to get my small claim off your books - let's get this done!

 

get the idea - use a little of that mentality you used with the bank on their solicitors. let's get this offer before the aq is even due.

[Spiceskull]

I got a statement today notifying me of a charge of £25 for being overdrawn last month.

Oooohhhh! Pending charges...my favourite:

 

Course 1: Hors d'oeuvre

Course 2: Dinner

Course 3: Pudding

 

Enjoy.

[ETphoneshome]

Hi Lattie

DG wrote to me following my refusal to accept £732 from our beloved Colin of Langdale. They asked for my breakdown. I posted it to them. I am now mindful to email the breakdown to Netty's email list. My claim is for £911 - so peanuts compared to some.

 

What's you reckon?

 

I felt bad at going mental at the poor lady in the call centre in India. I know it wasn't her fault - but 30 hours...c'mon £25 is just a joke! I got the mean reds.

[lateralus]

go ahead - email, fax, ring - make them sick to death of you! netty did and look at her 6k offer yesterday- ok it's not big - but it's yours - go after it!

[ETphoneshome]

I've started the emails. Loads of them. I've cnp'd my breakdown in it and asked to be updated where with my claim. We'll see what happens.

[lateralus]

ok, i've got to start somewhere so i'll start with you. the site helpers and mods are concerned that too much of this could be construed as harassment - so i'm going to start advising a more laid back approach.

once you know they have your breakdown - how about just a weekly approach - might give them more time to make offers, you never know!

[ETphoneshome]

Hi Lattie

 

I only sent two batches of emails to the contacts list, so it wasn't too bad. It's just too much effort for me to do it!

[lateralus]

ok, then leave them to it for a bit, hopefully an offer soon!