Cribgirl vs HSBC

[lateralus]

you should send dg a copy of your breakdown of charges.

take you other cues from this thread::New---after 28 Days - Maybe No Aq!!!!!!!

[cribgirl]

Anyone had their court proceedings sent to Bow County Court in Stratford, East London?

 

Just want to check time frames with anyone!

 

Thanks in advance

[cribgirl]

Help!! I'm starting to get the jitters now. I received a transfer of proceedings to court about 6 weeks ago. On the letter it stated that the AQ had been dispensed with. I phoned the court to double check that they wouldn't need the £100 AQ fee which they said they didn't because it had been dispensed with. A few weeks later I phoned again as I hadn't heard anything for a while and was told that my file was with the district judge for review. Today I received a letter with an AQ, stating this needed to be completed by 30th July with £100 fee sent to the court. The top of the letter had 'Notice that a defence has been filed'. Now I'm uncertain, as they told me the AQ was dispensed with and now that the district judge has seen my file they've sent me an AQ! Does anyone know what this means? Has this happened to anyone else? Please help, as I thought I was only a few weeks away from receiving my cheque and now I'm scared I'm going to actually have to go to court - and could lose! Thanks in advance everyone, Emma

[jowalshy]

Don't panic. I will try and dig up the AQ thread for you. The chances of you actually reaching court are very slim.

[jowalshy]

Here is the guide to completing an AQ. Take your time and read through it first and make sure you understand. If you have any questions about it, ask away.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[lateralus]

hope you don't mind jo (i know you won't) here's my standard instructions for filling in the aq with the draft order info included.

 

aq info:

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 of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) 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.

 

 

i think, cribgirl, it's still sort of early days from when mcol used to routinely send everyone an aq - then around 1 april they decided to leave it to the local court and most local courts were caught on the hop - most dispensed with it to begin with but we have seen several where it was at first dispensed with then later sent. so if your claim is over 1500 you pay 100 but that gives you a good excuse to nudge dg - telling them that the 100 is going on shortly and then later that you have added it on to your claim - see the when you've filed your aq thread in my signature - post 1, i think the first nudge is sort of - i'll be filing it soon - don't you want to offer sort of thing.... check it

 

as for the aq - only takes a little bit to do it - and you send it - plus the draft order plus cheque and a copy of your schedule to the local court - or take it in if it's close - then send dg a copy of aq and draft order and another nudge.

 

it's all good - as you are moving forward all the time.

[freakyleaky]

Cribgirl, really, you have nothing to worry about! The local judge has decided he want's an aq that's all. As long as you follow his directions then there will be no problem. Noone else who has followed the advice properly has lost! Why shpould you be any different?

No worries!

As jo says, just ask if you need help with the aq!

[jowalshy]

Of course I don't mind. I knew there was an adlib thread somewhere, I just couldn't find it.

[freakyleaky]

See how many people are just waiting jump to your every need!

[cribgirl]

Ahhh thank you guys, I'm actually touched. Didn't expect to log back on to such comprehensive responses! Thank you all very much.

 

Right I feel an awful lot better now, as time goes on I'm needing this money more and more! I'll start by looking though the threads attached and then I'll start my AQ after that. I was just worried because I thought I was going to receive a court date or something and then the AQ sort of surprised me.

 

Thanks again everyone, i'll probably be back here again soon with some problem or something!

 

Emma x

[cribgirl]

Hi guys, just filling in my AQ, and I've got the N150 form. My claim is for £3900 should i have this form? It's got to be back by monday so i'm doing it tonight and going down to the court tomorrow.

 

Thanks in advance, Cribbers

[lateralus]

yes, it's not really important if you get the 149 or 150 - i think they send 150's out mostly

[cribgirl]

thanks, what do you make of this test case tomorrow lattie?

[cribgirl]

should have started this earlier.........

 

In section D of the AQ (N150) under witnesses it states:

 

Witness Name Witness to which facts

 

 

I'm my only witness so my name goes under the witness name part, but does anyone know what i should put under 'witness to which facts'?

 

Not sure what to put i was thinking of putting 'everything or all'

 

I hate doing these things, eerrr! Also do i have to bring all my paperwork with me (photocopies of statements, letters i've sent to hsbc, d&g, schedule of charges etc) when i go down to the court?

 

Thank you!

[cribgirl]

Another question sorry guys..

 

In section F where it talks about Proposed directions, i've copied out the suggested draft which I will attach to the AQ no problem.

 

However the second tick box says 'have they (the directions) been agreed with the other party?

 

Did i need to get this draft agreed by D&G before i can file my AQ? I'd planned on taking it down to the court tomorrow, but if i have to get things agreed first i might miss my deadline date (monday)

[Michael Browne]

Just tick no.

[cribgirl]

Thanks michael can you please take a look at the question above please! Thanks

[freakyleaky]

DG would not agree to this so just tick no!

[cribgirl]

Hi guys, just heard a bit of news/gossip and if anyone could give me their perspective on it i'd be greatful.

 

I've heard that due to the test case in the high courts that I'm unlikely to get the bank charges back until a test case has been heard (that could take up to a year)

 

Currently I've filed my AQ with the court on July 30th.

 

What should I do? What am I waiting for from the court?

 

I've just phoned the court and i've found out that HSBC have not given in their AQ on time. The court is waiting for the file to come back to them from the judge, they said that it would normally take 7-14 days (the 14th day is on Monday 13th August), then it takes a further 5 days for the court to send out the judge's direction. I enquired if I could apply for judgement as HSBC had not handed in their AQ, but they said i had to wait for the judges direction!

 

I know i'm spinning here and i'm probably a pain in the butt but please help me gain some perspective on this, what am i facing now! Now i wish i'd accepted the full offer (minus interest) a couple of months back (i actually filed on MCOL the day I received the offer)

 

Thanks in advance as usual.

Emma

[freakyleaky]

Unfortunately you do have to wait for judges directions before you can do much more. Get up to speed with the applicastion for removing a stay if one is applied for. Application for removal of staty

[cribgirl]

Hi thanks for that freaky. I've just phoned the court and the customer service person said that since I started my claim on May 1st it's unlikely that my case will be stayed! Of course that's not set in stone but at least it gives me hope, I hate all this uncertainty......

 

Thanks for the advice x

[lateralus]

would that that were true - it entirely depends on your local court - some have been stayed that were started in february. just don't want you to get your hopes too high. i thought when this all started that common sense would say they would continue with all cases passed the 28 wait for a defence - but it is a real mixed bag - depending on your locals - hopefully yours will get through - which court?

[cribgirl]

Hi lattie, i'm with Bow County court in Stratford, east london. I've searched and searched on this website and it doesn't seem that anyone else has posted any info about this court.

 

My friend was offered full settlement from HSBC minus interest before she was about to file on MCOL. She had 10 days to reply to their offer which she didn't do as she planned to file a claim, however just before she was about to do this all the business about the test case came out so she wrote to them saying she would accept their offer, and they've agreed even though its about a month after her 10 day deadline. Do you think i should give this a try?

[cribgirl]

Hi guys, just phoned the court today and my case has been stayed. I feel gutted, I just wish I'd accepted the offer when it was made to me. Does anyone know what this means?

 

Totally deflated, wish I never claimed for the interest. Does anyone know how long this is likely to take?

[GuidoT]

Have a read here:

OFT Stay Removal

More OFT Stay Removal

 

And here regarding Bow:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/108883-help-court-tues-barclays.html#post1062700

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107696-courts-carrying-13.html#post1074351