Lou vs HSBC

[oi-giz-it-back]

My 28 days are up now and i have had my notice of tranfer to the nottingham court. Northhampton didnt issue an AQ but notts may do. From what i can gather im one of the first dealing with this new tactic from the court so i will be keeping peeps up to date. so now im just waiting for a letter from my local judge or even better an offer from DG. anyway will keep you posted. Good luck with your claim.

[cephas]

My 30 days are now up and i have not heard anything from MCOL, i have read a few threads on notice of transfer to the local court and not issuing AQ. So I presume I should wait to hear from my local court?

Thanks

[cephas]

ok - bit of advise pls. My claim is as follows: £1,427 charges; £151.79 interest and £150 fee for filing claim on MCOL. = £1,728

 

I have had a letter from DG today offering me £1278 and saying one of the charges which was for £7.50 was to stop a cheque which will not be considered. I do not want to accept this offer and i am waiting for a notice of transfer to my local court as my 28 days were up end of last week. Any advise on what is the best way forward, ignore this letter to maybe write to them, has anyone got any standard letters i could use?

Thanks in advance!

[cephas]

I found the template letter for declining an offer. In the letter HSBC wrote they mentioned that I could not claim for a stopped cheque, i did not realise i put this in my schedule of charges, but i remember calling them to stop a cheque a few years ago. Should i mention in the below letter that I am willing to deduct £7.50 from my claim for stopping a cheque?

 

Dear [ ],

 

Thank you for your letter dated 01/05/2007. I respectfully decline your offer of Full and Final settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on XX/XX/XX and I would ask that you now refer this matter to your legal department for further instruction.

 

I trust this clarifies my position.

 

Yours faithfully

[Castlebest]

Hiya Lou, Yes this is a fee and they are allowed to charge for stopped cheques. I would revise your claim schedule and send it with the letter stating you will accept whatever new figure the schedule is giving you.

Have they detailed anything else they have removed from your claim and why?

From the figures you noted in your post above you have the MCOL fee at £150, this should be £120. Make sure your figures are correct and send in your revised schedule.

pete

[cephas]

thanks for the reply - i will amend the schedule accordingly (minus the £7.50) and send it together with the letter. The only other thing that was mentioned in the letter was that i couldn't claim interest as they do not accept this as appropriate. Yes sorry that was a typo - its was £120 fee to MCOL. I received the letter from HSBC direct and not DG.

 

I also put a claim in for my joint account only for £160 and they sent a letter for this account offering £150, which i will accept as this hasn't gone to the MCOL stage yet, at least the smaller one is sorted now.

 

Thanks for your help!

[cephas]

Do you think its a good idea to call DG to see if they received my letter which i sent last week regarding declining an offer from the bank directly? The only number i have is 0121 455 2701.

 

My 28 days were up on 30th April and i have not heard anything from MCOL regrding transfer to my local court, should i call MCOL?

[freakyleaky]

It wont do any harm to ring them.

 

Rachel Tomlinson 0121 455 2701 [email protected]

Debbie Daubney 0121 455 2111 [email protected]

Kate Eaves 0121 455 2196 [email protected]

Alan Burden 0121 455 2206 [email protected]

 

Fax; 0121 455 2660

Unknown; 0121 455 2150

 

These are the folks that seem to deal with claims after initial court claims start. From Nettyg v HSBC thread.

 

Have a look on MCOL and see what the status of your claim is now, if they have not defended, try pressing the judgment by default button.

Hope this helps.

[cephas]

On MCOL it says: Defence(29/03/2007) do you know what should happen now? I have not heard from the court, should i be chasing?

Thanks for your help Freaky!

[freakyleaky]

It should say something like "we can no longer continue with your case at mcol and we are transfering your case to your local court" You should then receive a transfer notification in the post. As they seem to be dispensing with AQ's now you should then follow the steps in this thread

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

Give MCOL a ring to ask whats happening just to make sure.

[cephas]

Thank you so much.....

[freakyleaky]

You are welcome!

It's good to help!

[oi-giz-it-back]

Hi lou hows it all going? I still havent heard anything yet. Its been nearly 4 weeks now since they transfered it to my local court. Havent heard a sausage from DG. Well one still waits.

[cephas]

Finally I received my notice of transfer yesterday! Should i just wait to hear from the local court or do i need to phone them regarding the AQ?

 

I have sent my first nudge letter to DG.

[Castlebest]

All the local county courts are very busy at the moment, I would give them a week then if you are still waiting give them a call to see where your claim is and whats happening.

 

pete

[cephas]

I received my notice or transfer to Clerkenwell & Shoreditch court about 3 weeks ago; i called on 24th May to see what is happening as i haven’t received a court date. Apparently my claim was with the judge. I still haven’t received anything.

Are there any others out there that have been transferred to the Clerkenwell & Shoreditch court?

Is it worth another call to see what is happening?

[cephas]

Received AQ to be filled in today with £100 fee, i have sent two nudge letters to DG saying that the AQ may not be required.

 

Is it worth sending them a third letter to say i have received AQ with £100 fee and this amount will be added to my claim and also asking for settlement before a court date is issued?

 

It just seems to be so long winded, and im worried that if i pay the £100 fee the judge my throw it out of court and i would have lost my money.

Any advice?

Thanks

[Castlebest]

Hiya Lou, all perfectly normal, yes send DG another nudge and tell them to add the £100, you need an offer or a court date to force an offer...

 

pete

[cephas]

ok - after a month of waiting to hear from my local court, i have recived a letter with an AQ attached for me to fill in. It need to be completed by 22 June and £100 fee is payable.

 

There is no mention on the letter about DG filing an AQ, or for me to send them a copy of my AQ. Is this normal?

Thanks

[freakyleaky]

Not sure on this as I had aq dispensed with but from my understanding you should send dg a copy together with a note asking when they intend to file theirs and could they please send you a courtesy copy. This will show them you are serious about going to court.

You will add the filing fee to your claim, so you will get the 100 back.

[cephas]

Within the AQ, Under case management, it asks for amount in dispute. On the AQ thread it mentions entering amount plus all interest but not costs, do i get my costs back? Also i used the spreadsheet on this site to calcualte my interest, so would i use this figure and do i add any daily rate to the amount?

Thanks for your help

[freakyleaky]

Allocation Questionnaires - A guide to completion

Have you seen this one?

You will get your filing costs back and allocation fee! Yes use the figure from the s/s. Add the daily rate on a seperate sheet!

[cephas]

Thanks Freaky, just one more question if you know the answer..... under other info, it ask if i am attaching any other docs to the AQ, I am attaching the proposed draft directons, would this be a document(probably a silly question i know but i want to make sure i fill this in properly)?

 

Also it ask if i intend to make any other applications, what does this mean do you know?

 

Thanks again for your help, much appriciated!

Louise

[freakyleaky]

Well as you are attaching another document then the answer is yes! LOL

Not sure about the other applications bit, sorry. Someone else will jump in and answer.

[Castlebest]

Here it is