JW 'v' HSBC ***SETTLED IN FULL***

[givememymoney]

Hi givememymoney. I said nudging not judgement. lol

 

You said "can I strike out their defence"!!!!

[nettyg]

just sit tight now for a couple of days and see what comes to you in the post - whether they send you an aq to fill in or a court date. not a lot else you can do at this stage jo.... hang in there!

[jowalshy]

Thanks Netty. How long is it before the court stuff comes through?

[nettyg]

usually a couple of days after the defence has been entered jo, so you should get it at the beginning of next week

[jowalshy]

I am a bit confused. I was aware that I was going to have £125 debited from my account for charges this month. I haven't done anything about the charges, but when I look at my account online this morning, I found that they had taken the money and then refunded it. Has this happened to anyone else, or has HSBC just made a little mistake and left the "return charges" button switched "on" on my account.

[Rayne]

Don't knock it...I would take it as a "goodwill gesture" on their part and not mention it....unless of course they happen to take it again out of sheer bloodymindedness which I personally wouldn't past them after what they did to us.

[jowalshy]

Notice of Transfer of Proceedings received today together with an order stating that "The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise".

 

Date order drawn: 12th April 2007.

 

Also came with DG's defence which I presume is the same as everybody else's.

 

Do I send a polite nudge letter to DG now?

[jowalshy]

I have drafed up a letter to nudge DG. It goes as follows:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

20th April 2007

 

Re: xxxxxxxxxxxxxx - v - HSBC

account no: xxxxxxxxxxxxxx

claim no: 7QZ33640, Filing date:14th March 2007.

 

It has come to my attention that as of 12th April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £4,220.00 in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£4081.10), the daily interest total to date (£28.49) and the court fee (£120.00).

Sincerely,

 

Is this ok?

[jowalshy]

Can anyone have a look at the letter I have drafted (above) please. Do you think that it is ok to send this to DG now.

[jowalshy]

Bump

[lateralus]

i think it's lovely - i'd put I look forward to hearing from you just before the sincerely......

yes, send the letter. and start working on the one for 10 days from now - just to keep your fingers nimble!

[jowalshy]

Thanks Lattie. Do you have any idea of how long they will take before they pay up? What do I do about the court stuff? Will I get anything further from them?

[lateralus]

well, philomena got her offer after the first nudge letter - so here's hoping. it may take a couple but you will get an offer! just keep on top of the court stuff by knowing what is coming next and not missing any deadlines - and whatever you do - keep the court claim active until you get the money in your hand.

[jowalshy]

First nudge letter sent recorded delivery today. Let's hope they act on it and make me an offer.

[jowalshy]

Is there anything else that I can do? I have received the notice of transfer from MCOL, saying that AQ is dispensed with unless my local court orders it. I noticed that someone else had received this and they wrote to the court asking whether the AQ is going to be needed. Do I do this?

[lateralus]

if it's been transferred then it's up to the local court to decide -

so, aside from the nudging letters, you could ring the court and ask if they think an aq will be needed - it just puts you in touch with the locals.

one point we are just seeing - even if no aq is required - apparently if they allocate a track (the judge does this and i think would then let you know) - an aq fee of £100 (for claims over 1500) will then be required. so that's another question you could ask - will the aq fee be payable -

just touch base with the court - ask if they need any further info from you. you might get a feel as to how long it will be before your local court responds to the transfer.

the main goal - as always - is to get dg to make an offer.....my best advice at the moment is nudge every 10 days.

i keep trying to update post 1 on this thread with anything i come up with:New---after 28 Days - Maybe No Aq!!!!!!!

 

anglianwaterboy put this up just now:

AQ dispensed with, which is great.......but there is a line on the order that says "an allocation fee MAY be payable in this instance. Please conatct the court of transfer for further details".

so asked and answered - ring the court.

[jowalshy]

Thanks Lattie, I will give the court a ring today and see what is happening.

[jowalshy]

Just phoned my local court and was told that as far as they know there will be no AQ and no AQ fee to pay.

[jowalshy]

I am starting to get a bit worried now. According to the maybe no AQ thread it says that there will be a fee if claim is over £1500.00. I have recieved nothing from any court since I received the Notice of Transfer on 12th April. I have sent DG a nudging letter on 20th April, nothing received back as yet. Am I due to receive anything from the Court to tell me what happens next? I am worried that I will miss an important deadline or something.

[freakyleaky]

I am starting to get a bit worried now. According to the maybe no AQ thread it says that there will be a fee if claim is over £1500.00. I have recieved nothing from any court since I received the Notice of Transfer on 12th April. I have sent DG a nudging letter on 20th April, nothing received back as yet. Am I due to receive anything from the Court to tell me what happens next? I am worried that I will miss an important deadline or something.

 

 

I am in the same boat jo and totally confused about this AQ fee. I was not able to ring the court today so I will have to sweat until monday.

According to bookworm the fee HAS TO BE PAID within 14 days of allocation to track, but what I don't understand is why the court have not asked for this money? I have not seen anything about it apart from on lats thread. I really am worried now as its 15 days since Track allocation, 2 letters to dg and still heard nothing.

[lateralus]

there's more there now -

and another thread has a post which explains it nicely - i'll try to find it and put it here:

it is on the 28 day thread from ladymuck:

Hi all, was getting a little confused, about the £100.00 payment!!!!

 

My case was passed to Walsall on the 17/04/07, and from the posts in the thread I thought I would need send a cheque to the court before 01/05/07 (bearing in mind I have heard nothing as yet from Walsall County Court)!

 

I rang the court and asked! It turns out that Walsall have been instructed to send out AQ with their instructions (each court will differ), mine was sent yesterday, so that gives me till the 14/05/07 to complete, return and send my payment!

 

If in doubt ask, the court clerks/assistants may be fed up with us, but they are never anything but pleasant, its worth it for peace of mind.

 

hth.

[Castlebest]

I may be proved wrong but I believe this is just teething troubles in the new procedure. I don’t think any claims will be thrown out because you haven’t paid a fee they haven’t asked for.

Bookworm is right, technically we should be paying the £100 allocation fee on claims over £1500 but the County Court small claims system was always intended for use by "non-legal" people, they don’t expect you to know what to do as a matter of course.

Jo says even his court officials don’t know an allocation fee is due so how are we expected to know.

Best advice I think is to phone your court to check what they are expecting like the Lady in latties last post did. If you do have to pay a fee, I’m sure the court wont expect you to pay without a short period of notice along similar lines to the amount of time we had to pay for the AQ.

pete

[jowalshy]

Jo says even his court officials don’t know an allocation fee is due so how are we expected to know.

 

 

pete

 

Were you refering to me Pete?

 

Anyway, first nudge letter to DG - no response. Now drafting up second nudge letter.

[HSBCrusher]

nudge nudge wink wink, say no more...

[jowalshy]

Second nudge letter sent off 1st May. No reply yet .

 

Still nothing received from the courts either .

 

I feel like I am being forgotten .