When you have filed your AQ................

[lateralus]

To all those who have filed their AQ’s

As this is fairly new territory to the group as a whole, I’ve decided some info is needed for the period of time following the AQ filing.

 

Only a couple of months ago – very few got to this stage, now it is becoming routine.

Filling in your AQ’s last week or so – I saw the same questions over and over. Let’s take this next stage and look at it.

 

So, you’ve filed your AQ. An offer could come at any time.

As always – you are fighting this on two fronts: DG and the courts

 

ok, at this point i'm going to insert a letter that rob-the-viking wrote - he wrote this to his local county court and received a court date shortly after - so it may have moved things along - tweak it to your own details - here is the letter:

 

Address

 

You Vs HSBC

Claim No

DATE

 

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

Your Name

 

 

 

 

 

 

A NEW LETTER AS OF 31 MARCH;

Apparently, due to the high volume of cases coming into the court, the courts have, in some cases, decided that an allocation questionaire won't be necessary. While this is good as it means the judge will act more quickly - it also gives us an excellent opportunity to prod DG in my mind. Not sure as yet what it means to the new strategy - i'll be back with more info.

So, if you are a recipient of one of the letters telling you that an aq won't be required - I think you should then send DG this:

 

 

 

this is the thread about this situation where the aq has been dispensed with:

New---after 28 Days - Maybe No Aq!!!!!!!

 

 

 

As for the COURT side of things:

this is probably the most important thing i am writing on this thread so please read it: WHEN THE COURT SEND YOU THE DIRECTIONS (WHAT NEEDS DOING), IF YOU WANT US TO HELP - PUT THE FULL DIRECTIONS ON YOUR THREAD SO WE CAN READ AND ADVISE IMMEDIATELY! it's no good telling us you've missed a date - we don't do miracles! we can help but we have to know what is required.

 

 

Keep this in mind - an offer is much preferable to a default judgment!

You’ve filed your AQ – they have exactly the same deadline – so:

Just after the deadline: ring the court to see if they have filed their AQ. The court routinely gives them an extra 7 or 14 days to file. Whatever they say, like they have until xx/xx/xx to file their AQ. The day after that date, ring again and ask if they have filed their AQ. If they say no – ask if the judge will be issuing an “unless order” (unless they file by xx/xx/xx – their defence will be thrown out). When that has passed – ring the court again and ask what the next step is.

They may not file their AQ at all and you may be able to apply for a judgment in default. The court will tell you how to proceed.

To enter Judgment in Default you will need to file a form from the court, this is known as a "Request for Judgment" Form.

The form you need is an N225, find one here: http://www.hmcourts-service.gov.uk/H...forms_id =465.

 

Also on the COURT side of things:

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have 14 days (the date will be on the paperwork) to send in four things.

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

courtesy of hagenuk: some t & c's from 2004

Attached Filespersonal_banking_terms.pdf (177.1 KB, 40 views)

All of this is my take on what happens after the AQ is filed – not CAG policy – just my opinion. Don’t hold me to it……I don’t want to go to court either! Good luck!

[VeryTrying]

Thanks very much for this, Lattie. It answers a lot of questions for me, and saves them being answered for the rest of the dirty dozen (Netty now honourably excluded!).

 

I'll read it a bit slower now, and make sure I understand.

[lateralus]

that's what i was hoping for - so many claimers....so little time! - lol

any feedback appreciated.

[honeygie]

as always, well explained.. well done mammie lattie;)

[lateralus]

thanks honey - bet you are really glad you've already got your money!

[honeygie]

i sure am... thanks.

[nogard23]

Time scale on AQ is more like this:

deadline for filing expires

following day goes to judge

judge takes 5 days to get round to dealing with it. Issues "unless order" and passes it to court admin to deal with it.

Admin send it out 2 weeks later.

So if bank don't file AQ have aprox 4 weeks grace.

Makes a mockery of "fast track" really.

[nogard23]

ps

i won.

[lateralus]

CONGRATULATIONS ON YOUR WIN!

it does often look like the courts lean over backward for them - but they are the defendant after all - were we in their position - i would hope for the same consideration. (flying pigs spotted above!)

anyway - i'm glad you won, bet you are too!

spend wisely!

[Mr_Fen]

this is a great post, i have just sorted out my AQ tonight, shall await a nice offer soon

[johnnymitch]

That advice came at just the right time,Lateralus, I'[ve to phone the court tomorrow to see if DG have submitted their AQ(they've already filed a defence).

This now looks as if they (DG) have found this time-wasting exercise of waiting for the court to say thry've got to file by XXXXX, which Nogard described so eloquently.

Looks as if I'm at the start of a new phase - but if I keep on at DG as advised, what do I say without actually negotiating - how do I justify continually phoning them?

Any advice will be gratefuly received as usual - I'm in unknown territory again!

 

Thanks in advance

John:confused:

[johnnymitch]

PS I've spoken to them last week, but there's been no offer since Colin the man made his derisory effort!

Is this unusual?

[Castlebest]

why are you still talking to Colin ?... unless he makes an offer your dealing with DG his legal puppies... just phone cuz ya want to... say its you and leave yer number to get back to you.... there is a huge snowball about to hit this system and they are going to go under with the volume of claims... if ya dont claim it back they will just declare it as profit... lol

 

Lattie.... nice thread xx

[lateralus]

johnnym, i wrote this specifically for big group of you who filed aq's over the last few days.

it's not unusual not to hear from them - if they have your breakdown, the next time dg contacts you will be with an offer.

don't harass them - but keep in touch - offering any info they might need... ask about the status of your claim.... tell them you cost to settle has gone up by £100 now your filed your AQ....... whatever!

 

i'm hoping the info on this thread will inform, settle some nerves and keep the filers on top of things with a little working knowledge.

 

good luck,

 

i think anytime dg says your claim is "with the client", "being looked at", "with the bank", etc. an offer will be coming pretty sharpish.

[nettyg]

absolutely brilliant lats... that will put a few uneasy minds at rest for sure.

thank you for that (too late for me - i 'nearly' got my spondoolies)lol

 

nice and easy to understand xxx

[Pen]

Thank You, very helpful no idea who DG are by the way as I'm with Lloyds but the timetables after the AQ must be the same for all of us. isn't it.

 

Pen

[nettyg]

hi pen

dg is hsbc's in-house solicitor. timetables would be the same for any bank

[Katteh]

Thanks for this lateralus. I think I'll be doing this in the next couple of weeks!

[rob-the-viking]

Great thread with loads of useful info in Lattie. I'm not at this stage as yet, but will be in a few weeks. It's good to get the procedure into my head in advance though!

[johnnymitch]

I may have given you the wrong end of the stick Castlebest, what I meant was 'the only time I've had an offer it was from Colin' . I obviously haven't spoken to him since DG became involved. I'm just hoping they'll come up with one shortly - I phoned the Court today and they said to give them a couple of days grace then ask for a judgement.

[nogard23]

I had a much more relaxed method. At no time did i contact DG or them contact me until i got an offer in full. I didn't send DG a breakdown nor did they ask. I wrote to colin twice, he replied just once, a week after i had filed on MCOL offering about 80% of claim which i rejected. That was total corespondence until i got full settlement. So send in the paperwork,everyone, then just sit back and wait.No worries.

[lateralus]

whatever works! that's partially what's behind this thread - for others to tell their experience but mostly for the growing numbers who find themselves filing their aq and asking what happens next.

thankx for your input nogard.

[nogard23]

Just a thought,but perhaps what is slowing down the payments is that DG are so busy dealing with constant phone calls and e mails that they dont have time to process the claims. Perhaps if every one just left them alone to get on with it then the pay outs would come quicker.

Just a thought.

[HSBCrusher]

Nice post latty.

 

I would recommend nogard's approach. Contact DG if you need to, by all means, and they often point blank refuse to pay out without a breakdown, but its not good to hassle them too much. The staff in that office are generally fairly decent people just doing a job.

I also think that too much pestering can also make you look desperate, I think you are more likely to get a lower offer if you do... ;-)

Get your paperwork right, stick to your timetable, but take it easy. I have won 3 times against hsbc, but only spoken to DG by phone twice in all that time....

[nogard23]

Perhaps we should start a new thread.

" Dim the lights, put on the soft music, pour yourself a drink and sue the bank."