johnk81 vs HSBC

[johnk81]

ok so as of this point prelim sent , got glossy pamphlet and a letter telling me they are investigating , then sent lba which expires on weds 21st been on money claim online and done my particulars ready to use i will need to re do my spreadsheet to accomodate for more time of the charges and interest , so if i dont get anything from colin do i then fill out mcol and when i get paid i submit? so if poss i will look for the procedure now as to what i need to do after that but is there a guide for mcol or is it self explanatory? and ive heard of aq? when will that cross my path?

 

p.s if youve got any humour for me let me know this is getting a bit daunting now cheers john.

[Michael Browne]

More or less.See here:

Getting MCOL Right

[lateralus]

just need to pop around a few threads to see the humour!

our best joke: what's the dif between unlawful and illegal? unlawful is against the law illeagle is a sick bird! yeah, we know it's old - but it's still flies!

 

here's the deal - you file - court sends notice of issue - look at the date it was issued and that starts the count - bank gets 14 days to acknowledge, and they will, and that gives them another 14 days to file a defence.- so 28 days in total. when the notice of acknowledgment arrives - on page 2 dg (hsbc's solicitors) will have ticked their intention to defend - also you'll see their name and address . - at that point, you will send the courts 2 copies of your breakdown - asking for it to be attached to your claim - include your claim ref. no. and you will send 1 copy to dg also referencing your claim number.

i'll find the notes to send with the breakdowns here..

 

 

here is the one for the court:

 

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,

 

 

and here is the one for dg:

 

 

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.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

Yours sincerely

 

 

and that's all you do until they defend or come through with an offer - usually they defend and at the very last moment.

 

pop around for a cup of tea and a natter on the other threads while you are waiting.

[lateralus]

michael, that's very nice the way you put that para in!!!!

[Michael Browne]

Not like me, I don't normally do nice!!

[lateralus]

change of image, perhaps?

[Michael Browne]

Worry not,won't last

[lateralus]

have you seen a doctor? i've diagnosed OCD - you are extraordinarily organised!

[nettyg]

cag syndrome??? i've got it i think!!

[lateralus]

michael can probably give you a link for it!

[Michael Browne]

You can wean yourself off CAG here:

Penalty Charges Forum - Powered by vBulletin

[lateralus]

wow, it looks so familiar!!!!!!

[johnk81]

hello all its been a while but ive just been paid , so now im on to mcol i have issues though mcol is posing me a problem in regards to letting me submit i dont know why it comes up with an error message even though its with the specified line and text limit i got the template from here and now im on mcol permitting it lets me submit at some point what are the particulars of what to do next when i submit do i get sent the aq then i fill that in with ny schedule of charges to the court and colin? is this my next step (im just checking) and am i near a finish line work wise cheers john! nettyg i need your help !

[givememymoney]

Well the next step is to see if HSBC are going to defend (which they almost always do!) then you can send a copy of your schedule to the court and DG then it will be onto the AQ section!!!

[johnk81]

cheers! my mcol has now been sent ive been reading a few threads and ive seen an additional 100 pound charge for aq is this right? but to recap

prelim letter sent nothing back

lba sent got glossy pamphlet

now just this minute done mcol

..... what will i do next getting very nervous ..... do i wait to see if hsbc defend? and then go to aq , im sorry for asking and recapping but i want to make sure im doing this right as im getting muddled with the threads being different lol

[johnk81]

oh crap just proof read my particulars i made a mistake it was 79 charges not 81 which i put and ive had the account from sept 2000 not apr 01 which i also put will this affect my claim???????

[givememymoney]

Yeah AQ is another £100 which you will get back. You are also correct on what happens next usually HSBC will defend and then you go to AQ. Don't worry about getting muddled that is what the forum is for to ask questions so that it goes well for you. There are loads of people that will help you along the way but make sure you do your own research too.

[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.

(If, and only if, you are also claiming overdraft interest on your penalties, also include this paragraph)

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

Yours sincerely,

[givememymoney]

I wouldn't worry too much about those mistakes as it is unlikely to end up in front of a judge as you will likely get an offer long before that.

[johnk81]

pheeew! lol thanks all its getting alot easier to graspo now!

[Michael Browne]

oh crap just proof read my particulars i made a mistake it was 79 charges not 81 which i put and ive had the account from sept 2000 not apr 01 which i also put will this affect my claim???????

Less haste, more speed. From the MCOL website:

 

Cancelling a claim

 

What if I notice after I have submitted my claim that I have made an error? Can I stop the claim?

If you realise that you have made an error you can, under certain circumstances, request that the claim be stopped, but you must be quick! Once you have submitted your claim, it will be processed at 10am and you therefore need to contact the MCOL team before 10am with a request that the claim be stopped. You can do this initially by telephone although you will need to confirm by email the same day. Your email should contain the claim number and the name and address to which we should return the court fee.

Where we receive notification too late, the claim will be issued and the fee cannot be refunded.

[lateralus]

so, as michael has written - this first night and thef following morning (although i would assume it is probably monday morning as they aren't open at weekends) so, just follow the steps above - ring early monday morning and they will cancel - refund your money and you can resubmit,

if you are a bit of a perfectionist like me - you would want it to be spot on. but as gmmm says - they don't look like biggies if it is only those two things.

 

as for what happens next: you'll receive a notice of issue, then a notice of acknowledgment, then 28 days after you're claim is served - probably a notice of defence- along with a transfer to a local court and an aq to fill in. if your claim is for more than 1500 - the aq will cost 100 to file - which you will add to your claim (just like the claim fee), but as you have to wait 28 days for them to defend and then the aq will be due 14 days or so later - you have 6 weeks to come up with the 100 - and with luck, you may get an offer and not have to file it - and even if you do - hopefully with 6 weeks before you need it - you could budget for it - you will get it back from the bank when you get a settlement! nothing more to do now except follow michael's post above about sending out copies of your charges to the court and to dg.

[johnk81]

So what is the concensus on this? should I re - file and cancel my outstanding claim or should I just continue regardless? Its Sunday so I could do this online and email them and ring tomorrow but the amount of charges and slight date discrepancy shouldnt play too much of a role in my claim I beleive. cheers again (sorry) john.

[johnk81]

ive done my mcol it was acknowledged on the 5th of april then they have 28 days to file a defence is it from that date? and if they dont defend do i win by default?

[lateralus]

could happen but hardly ever does - have you sent them and the court copies of your breakdown as michael put in post 68.

 

it's doubtful you will get an aq as the northampton court has been dispensing with them and leaving it to the local judge - see the thread i wrote - 28 days - maybe no aq.....

 

you just need to wait a little now for the next stage - their defence.