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bryantgumball vs. HSBC


bryantgumball
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Ok so they have now submitted their defence..HELP!!

I shall be expecting my AQ, I have read about how to fill it in and that seems pretty straight forward. But I need to ask a few things:

 

1) On the AQ, the section which says "Have you attached the fee for filing this allocation questionnaire?" well the answer is no because my claim is under £1500. It may seem a silly question but do I tick yes or no here? because I don't want them to take one look at the 'no' tick and throw the claim out

 

2) When do I send the AQ back to the court, bearing in mind I have to post it. Should I get it in ASAP or give it a few days to see if HSBC come up with an offer?

 

3) Please someone tell me..how close am I to winning :sad: its been dragging on for so long now and I need the money for carpet (currently have bare concrete in the house!)

 

4)I'm having a bit of trouble with this: New Strategy for allocation questionnaires

I need an idiots guide of what I send to the court and when. The way I understand it now is firstly I complete the AQ, plus I attach this document (filled in with my details obviously).

 

After that, I give it a few days and I send the court and HSBC/DG these:

a) Another summary of my charges

b) Copies of my bank statements showing these charges (I have taken them all from internet banking so presumably I can print out each statement?)

c) & d) two other things which I'm not too sure about - is it the document located here tailored to suit my own needs?

 

Someone please help as I am getting very nervous now :-(

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1 Tick no

2 Either the main thing is not to miss the return date for the AQ

3 4 weeks maybe.

4 Yes to the Draft Order. But you don't send any of the documents until the court tells you to, it may not issue the draft order.

many thanks for this Michael, I will do the AQ and get it sent off asap. I get it so I send off the draft order attached with my AQ, wait for the court to reply and say you have 14 days to send these docs. and then if/when I get that I will probably need to post on here again to get help on what docs to send. Many thanks again

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The other thing to be prepared for is HSBC not to file their AQ on time and the judge to give an extension of another 14 days.

 

This thread will also help you know what is likely to happen next http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

and of course you could get an offer at anytime. :D

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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  • 2 weeks later...

I telephoned xxxx court today and the woman told me it had been transferred through on the xxth April. Whilst the county Judge, Judge xxxx, isn't requesting AQ's, the xxxx judge might.

I was thinking maybe a quick phonecall to DG? I haven't contacted them before so its not as if I'm hassling. I wouldn't know what to say to them..I would be like "uuhh..umm..I believe you owe me some money" :confused:

Any tips on what to say?

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Ok I have received my Notice Of Allocation (they dispensed with the AQ).

My court date is xxxth July at 14:00.

The NOA looks ok apart from this:

 

"2. Each party must deliver to every other copy and to the court office copies of all documents on which they intend to rely at the hearing.

These must include:

- The contract

- Bank Statements for the relevant period

- Witness statements

 

The documents must be delivered by 4pm on the 30th May 2007. The original documents to be brought to the hearing"

 

:eek: whats all this? point 5 goes onto say about a skeleton argument to be delivered 7 days before court but I assume thats the court bundle etc.

 

So basically, what do I need to send before xxth and who to?

Also my bank statements are all online..is it a problem just to print these out?

 

As a side note, would a letter to DG saying something like it would be easier to settle this out of court blah blah and here are my contact details if you wish to discuss be a good idea or does it sound too desperate?

I am just dying for an offer..

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I'm really sorry to keep replying to my own thread :oops:

I have done a bit of reading around on this site and from what I understand now, I need to submit to the court and DG:

 

1) My Schedule of charges (the contract)

2) Bank statements showing charges printed from HSBC online banking (Bank Statements for the relevant period)

3) Basic court bundle (Witness statements)

 

Is this right? sorry to keep hassling, I just need a straight yes or no :| many thanks in advance all

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Pretty well everything you need is here:

 

Court Bundle

Basic Court Bundle

 

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

Michael, thankyou so much..the witness statement bit will help no end.

So the contract is my summary of charges?

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Sorry, missed that, the contract is your Terms & Conditions.

 

Obviously include a schedule in the bundle.

ok, is the Ts&Cs This document? So basically print off the whole thing and include that? or just the section about current accounts?

(its a good thing I can do duplex printing!)

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or just the section about current accounts?

 

Yes Pages 1 - 39. This is their current T&C's which came into effect 1st Dec 2006. Ideally it would be better to have a copy of their old T&C's, but on the basis that the court bundle is unlikely to see the inside of a courtroom, it's hardly vital.
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Yes Pages 1 - 39. This is their current T&C's which came into effect 1st Dec 2006. Ideally it would be better to have a copy of their old T&C's, but on the basis that the court bundle is unlikely to see the inside of a courtroom, it's hardly vital.

excellent thankyou ever so much.

 

Just one last point, I am ok to print out bank statements from HSBC's online banking?

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  • 2 weeks later...

I've won. :)

I got a letter yesterday without predujice (as always) for the full amount interest and costs and all.

Apparently I'm not supposed to tell anyone hence I have edited all the figures and dates in this thread, perhaps thats me being paranoid but hey, better to be safe than sorry.

Can someone please tell me who the best person to PM is about this so it can be added to the total charges reclaimed bit.

For the record if there is anyone in the claiming stage, it took me a total of three months to get back the charges. Oh, and a bit of advice..be patient and stick with it, you will get there and its a good feeling when you read that letter with the offer :)

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can anyone please tell me how long DG take to get their bottoms in gear and pay up?

I know I only got the letter 2 days ago, but I just don't want it to be ages.

I faxed the letter back and also sent it recorded delivery in the post, with a cover letter saying I won't stop the claim until I receive the full payment.

I have tried telephoning Rachel but always get voicemail.

Can people please with their experiences tell me how long theirs took?

thanks guys

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I just got a call from Niaomi at DG, apparently they will request payment on monday and it will take 7-10 days to process - eh? it takes 7 days for a bank to put money into one of their bank accounts? I'm surprised I'm not going to get charged an administration fee for the 'service' :wink:

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