Double trouble**WON**

[kiwikiz]

Hi All

 

I have finally got around to doing my first contact letters - sent 1st March and still no response. I have prepared my Letter before Action letters and will post these tomorrow. I have two, one for my account (£2200) and one for joint account (£2493) - I can't belive it's so much - no wonder we're always broke!!!!!

 

Two questions please:

1) Should I worry that I haven't had any response to my letters? (they were sent to HQ on a signed receipt basis) and 2) I have signed the letter for the joint account without my partners signature. Should I include both on our letter before action?

 

Thanks!

[tstobbs001]

I sent my letter on 28 February. I got the standard "we wil contact you with a full response......" reply today. Maybe this means you can expect yours tomorrow.

 

I am also claiming for solo and joint accounts (4 in all), and don't have my partner's (ex) signature. I included all 4 accounts in my letter - they weren't sent separately. However, HSBC sent me 3 response letters. Some addressed to myself personally, and one addressed to the holders of the joint account

[kiwikiz]

Thanks - I'll look for my letter tomorrow!

[nettyg]

don't be surprised if you don't hear anything at all. just keep to your timescales and carry on. you may receive a 'fob off' letter after you've started your claim - ignore any correspondence unless it's a full offer.

 

good luck with your claims

[pompeyfaith]

kiwikiz remember they have 40 days to comply so if you sent your s.a.r on the 01/03/07 they have another 27 days to comply and you cannot send an lba until the 40 days is yup i would send the lba on the 38th day my claim with co-op was for a joint account so all correspondance was with both signatures

[kiwikiz]

Time has moved on and I have lodged my claim with the court. Two weeks later I got a letter (this Thursday) telling me that although they accept no liablility etc etc they will pay me XXX which was very exciting until I realised that if I added my court fees and the 8% interest, I'm being short changed by around £1000!!! So my question is should I take the money and run or stick it out? Also, they want to pay the money directly into the bank account which I REALLY do not want -any advice on these questions would be much appreciated!

[Celicaman]

Hi , Unless you desperatley need the money, stick it out. tell them you do not accept their offer of settlement.

If this had been pre MCOL you would have been advised to accept , but its not, you have shelled out the cost of the court and now the minimum you should look for is your claim plus the costs plus the 8% Statute interest the court would give you, that is the minimum you would get if it went to court & you won, except it will not go to court.

Im Sure there are template letters , try this i think its letter 5 you would need but check first im a bit pink eyed at mo

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

CM

 

Good luck

[pinkduchess]

its your call & depends on how fast you need the money. Personally I would continue with your claim & get the lot.

[Celicaman]

oh and as for them paying direct into your account, Probably an idea when they offer the full amount to say you accept, but only if it is paid to you with a cheque ( cap one paid offer straight off account & i had rejected it , cheeky beggers didnt even tell me till they sent full offer)

Make sure you do it in writing , ask them when they make full offer to confirm that they will send / pay into account of your choice only before you will accept

CM

[kiwikiz]

Thanks! Think I will go for the whole kit and caboodle (deep breath and swallow the nerves!) I have one further question, when I was reading through the steps on claiming, it mentioned in step 8 (I think) that after the defence you should also be sent an allocation questionnaire from the court. I have never received this, although I have the acknowledgement from the bank and court. Is this something that comes after the 28 days are up or should I chase this?

[nettyg]

i see it this way.....!!

this is money that you thought you'd never set eyes on again SO, stick it out and go for the lot. It's yours and you should hang on in there and get it back. £1000 is a lot of money!!!

[pinkduchess]

this happens after the 28 days & may not happen at all. some courts are dispensing of it. theres a few threads on this. will locate one for you

 

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

 

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

[kiwikiz]

Help! After seeing that a judge has ruled in favour of Lloyds in a bank claim case - should we start to panic and accept that lesser amount that the bank has offered in case they take me to court and I don't get anything? (running around like a headless chicken moment folks!)

[Celicaman]

Help! After seeing that a judge has ruled in favour of Lloyds in a bank claim case - should we start to panic and accept that lesser amount that the bank has offered in case they take me to court and I don't get anything? (running around like a headless chicken moment folks!)

 

 

Dont panic, dont panic

 

Wait and see why the judge ruled in favour of the bank, it most likley be that some ill prepared case has been put into the system, this is why all claimants are advised to read and understand the what, why and where of claiming when using CAG, BBC or moneymaster claim templates.

What you are claiming is against unlawfull charges, the bank cant take you to court for claiming them back as in small claims court you are not liable to the banks claims for expenses etc.

Keep watching on CAG and we will no doubt find out about it. Dont do anything rash and accept offers from the banks until it is what you have asked for or are happy with.

The banks will not step foot in court, they have to much to lose, so dont worry, you wont be going there either

CM

[kiwikiz]

Hi All

 

Ok, got my Notice of Transfer of Proceedings for both claims and as seems to be the norm now, I got this: " ... without hearing it is ordered that 1. the filing of an allocaion questionnaire be dispensed with in the case unless the District Judge at the court of transfer orders otherwise...."

 

So, am I correct in thinking that the next thing to do is send DG a nudge letter?

 

I am also a little unclear (despite wading through heaps of threads and tutorials - I'm sure I've missed is and it will be obvious but I think i've gone into overload!) I don't know what to do with this bit: " Note, any party affected by this Order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order"..... so what the heck does that mean?? Any advice VERY gratefully received

[Celicaman]

Hi All

 

Ok, got my Notice of Transfer of Proceedings for both claims and as seems to be the norm now, I got this: " ... without hearing it is ordered that 1. the filing of an allocaion questionnaire be dispensed with in the case unless the District Judge at the court of transfer orders otherwise...."

 

So, am I correct in thinking that the next thing to do is send DG a nudge letter?

 

I am also a little unclear (despite wading through heaps of threads and tutorials - I'm sure I've missed is and it will be obvious but I think i've gone into overload!) I don't know what to do with this bit: " Note, any party affected by this Order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order"..... so what the heck does that mean?? Any advice VERY gratefully received

 

Yes send a nudge ( use one of latties the one qouting that since the AQ has been dispensed with, using the date on your letter ) ASAP

I think the last part is basically giving you time to sort things out with DG, after sending them nudge letters, but you have to do this a few times, then when they dont reply, you apply to the court to have the set aside as DG have basically ignored all your attempts to sort this claim out .

Just re read post and it states 14 days, from that it would seem you would have to bombard DG before that date, so i am not sure anymore, wait for more qualified answer, but start 1st nudge and someone will supply correct info

 

Help Netty, PD

 

CM

[pinkduchess]

help pete!!! - lol

 

actually this is the same as my claim. you need to wait and see what the local judge's directions are first.

 

start & keep nudging DG in the meantime

[Castlebest]

Gawd PD if ya dont know yer own claim

 

Kiwi Jo has steered you right, you need to try to get an offer of DG so nudge away. Also wait a few days and phone your local court to ask about the allocation fee you must find out what your local court is doing about this, some of the courts are using/letting this act as a holding point and not telling claimants (you) you need to get a notification from your local court to tell you what goodies your local Judge has up his sleeve to put some real pressure on DG.

 

pete

[pinkduchess]

as I thought

[kiwikiz]

HELP PLEASE

 

Ok, I have a guilty and stupid confession - life caught up with me and I haven't done any nudge letters (I said it was stupid). I now have a letter from the Haywards Heath county court wanting my £100 allocation fee by 20th June and I have a court date of 5th July (that's for one of my cases, I expect the other will arrive in a couple of days)

 

What do I do? shall I start FRANTIC nudge letters - modifying the base one to indicate that now we have a date lets get this sorted.

 

To be honest I'm wondering if I should have accepted their earlier offer - I know that sounds defeatest, but it's getting a little scary.

 

Any help would as ALWAYS be appreciated. Thanks

[freakyleaky]

Just make sure you pay the aq fee on time. Now send your nudge letter off! NOW! State in the nudge that you have a date and all the rest! Don't worry, it won't get to court and you will get your money!

[kiwikiz]

Thanks! - I'm typing as we speak!!!

 

Do you get all these fees back - so far I've spent £240 on MCOL and now £200 on allocation fees ?

[kiwikiz]

One other thing... On the Notice of Allocation to the Small Claims Track (Hearing) - it says "If the hearing goes ahead it will be for directions only" What does that mean?

[Castlebest]

Hiya Kiwi, all of the court fees will get added to your claim so dont worry you will get this money back.

 

A directions hearing is basicaly for a district judge to hear both sides of an argument and decide how to proceed.

 

In our context the district judges know the banks solicitors wont go anywhere near a court and will make an offer before the court date set. In other words the judge has given DG a date they have to have everything settled by.

 

pete

[tstobbs001]

Hi.

 

I have a court date set for 25 June - an allocation hearing, where the judge is lumping all bank charges cases together, to decide on the track. I was notified of this two weeks ago, and sent a nudge letter to DG.

 

Yesterday, I heard from DG for the very first time - they have made an offer of 100%. This includes all charges (of which they are disputing one of them, but paying anyway), all court costs, and 6% interest, up to the date of my last nudge letter.

 

As I understand it, DG are working in the order of court dates, so, hopefully you should receive an offer in, i'm guessing, about 10 days.