Welshbaba 'v's HSBC

[welshbaba]

Well I have just pushed the MCOL button, and must admit my heart was going a bit!!! but then i've come this far.........

I read on one of the threads somewhere that I should put note of my claim number etc on (or ask a mod to put it there) - is this wot I need to do and where do I go?

Thanks

Sha

[pinkduchess]

the heart pounding calmed down yet welsh? well done.

 

you dont have to put your details into the litigation in progress section. its optional. As Castlebest says - you really only want to get your details into the ********WON ****** thread!!

[Castlebest]

Welsh, I actually think its better not to enter your details on the litigation section.

IF some unscrupulous legal type people WERE to look here and see you were worried about some particular point they could link it back to your claim and possibly use it to their advantage.

In all things play your cards close to your chest (a big chest helps ) and don’t give them any opportunity however small.

pete

[lateralus]

i agree (but i feel a stern pm possibly coming this way soon)

[welshbaba]

Yes Pink its all calm now.......lol, Had Notice of Issue today - they have till the 30th April to defend. Is it when I get letter from DG that I send them a schedule of my charges?

PC playing up a bit so I'm just hoping it holds out long enuf for me to keep checking the status etc.

In a funny and strange way I feel like one of the BIG people now after sending the court letter - just like the banks do when they're threatening us....... ha

Sha

[jowalshy]

I have never received anything from DG at all. I think that you send the schedule of charges to DG when you receive the notice of acknowledgement as this gives you the name and address of DG.

[welshbaba]

Thanks Jo, sorry thats wot I meant and not just "letter".

I just know they will prob defend as they are with most people, don't know wots worse - waitin for them to get back to me or the 14 days to pass???

[jowalshy]

The waiting is very frustrating. HSBC (DG) have until 16.04.07 to defend my claim. Keep yourself busy by reading threads about the next process, thats what I have been doing to while away the time.

[welshbaba]

Well I received the Notice of Acknowledgment today, so now is when I send them a schedule of charges right? Also, on the notice of issue they had till 30th April to defend - do I ignore that and start counting 28 days from 13th April (thats the date on the Acknowledgment)??

Thanks

Sha

[welshbaba]

Noticed they took another £50 charges out today!!!! Can I add this on now for the solicitors - any advice please

Thanks

[Castlebest]

Hiya Sha, Stick to the 30th April, this is the date the court are working to and yes send off your schedule of charges so they know exactly what your asking for.

Additional charges cant be added once you have filed with the court, try phoning your branch and telling them you have a county court claim ongoing to recover your unlawful bank charges and it would be a shame (not to mention a waste of their time and money) to have to do it all over again for new charges, some people have had charges reversed by doing this.

If the bank won’t reverse your charges start a new spreadsheet ready for your next claim.

pete

[lateralus]

yes, send your breakdown now to the court and to dg with your claim number on it.

[Castlebest]

Just re-read your post Sha, and answered this on another thread too.

Look at your notice of issue, the first thing you received after you sent your MCOL. It will have a "deemed served" date noted on it, this is the date DG have 28 days to submit there defence from.

I think the 30th April date is the date they had to acknowledge by so means nothing to us except to note they can get the acknowledgement in early so they can’t be that busy.

pete

[welshbaba]

Thanks Pete, Lat - will stick to the 28th then (it doesnt sound as long ha ha). Letter to DG,would the claim issed be the 11th April as this is what is says on the letter from the court.

Lat, you said to send schedule to the court, I have already sent them a set after I filed my claim - should I send them another one)

Sorry to be a pain, but doubting what I am doing now and want to check everything.

Thanks

Sha

[Rayne]

Wouldn't hurt to send the court another copy of the schedule with a note saying "please attach"

[lateralus]

if you filed using the n1 then you don't need to send more copies to the court - but if you file using mcol - you should send them 2 copies - in any case - once you get the acknowledgment - send dg a copy of your breakdown.

[welshbaba]

Filed with MCOL on the 11th April, received notice of issue saying defendant has till 30th April to reply. I received my notice of acknowledgment straight away basically - is this quick? alot of the threads i'm reading seem to have waited..........

thanks

Sha

[lateralus]

no significance - sometimes they acknowledge straight away - sometimes not. but now they have the whole 28 days from the issue date to file their defense.

here;s some more info for you:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[welshbaba]

thanks Lat, I have sent off the schedules. Will just sit and wait again.......

Sha

[welshbaba]

Well, nothing has happened yet.....notice ackn. received dated 13th April, so they have another 11 days. It just drags doesnt it?

Has anybody had their case moved to Cardiff Court? and was an AQ sent.

Thanks

Sha

[welshbaba]

Am getting a bit jittery now as it seems people are getting AQs or transfer notices. My 28 days are up next week and I havn't received anything, should I be concerned or is it the "norm"?

Thanks

Sha

[pinkduchess]

youre still within your 28 days so nothing to worry about. they put their defence in about 5 days early on mine but on many others it went in at the last possible moment.

 

you wont get any transfer papers until this happens. not long now

[welshbaba]

Thanks Pink, everythiing just seems to take longer when your waiting, then the doubt starts to kick in again eventhough I know everyone else doing this has prob felt the same

Sha

[pinkduchess]

i'm sure most have felt like that - you'll be fine, we're all here to support you

[welshbaba]

Would it be worth trying to contact DG to see whats what? And any tips on what could be said!! Or should I just sit here patiently...ThanksSha