Cyclepath V HSBC

[Cyclepath]

Hi everyone, new here and already well underway with my claim againts HSBC.

 

I just want to be sure that I am covering all necessary avenues so any help or suggestions would be very welcome.

 

I have got all the way to starting proceedings at the small claims court.

 

I am claiming £2700 including interest and my court claim was acknowledged on the 15th March.

 

Today I received a letter offering around £1700 in final settlement.

 

What does everyone think?

[pinkduchess]

£1000 is a BIG difference. You've started a claim at the courts now so I'd follow it through and hopefully get the lot back. fingers crossed.

[Castlebest]

I suspect the offer you have received is from HSBC in response to your earlier letters to them; it won’t include interest or court fees that you have now paid.

 

I suggest as you have paid your court fees you stay with your claim and write back to HSBC, there are some letters in the templates library here that accept the offer as a part settlement and confirm you will be continuing with your claim including interest and court fees.

 

In theory any offer you get once you have lodged your claim with the court should come from DG, the solicitor and not from HSBC.

 

pete

[Cyclepath]

Cheers guys, I think I will reject their offer and keep going...

[Cyclepath]

Well, its all moved on....

 

I didn't return the offer letter within their timescale, so they assumed that I rejected their offer.

 

I have waited the number of days needed and now find that HSBC have decided to defend and it is now going into the hands of the local courts as Moneyclaim online can't continue.

 

I am getting worried now I must admit. Nothing in the post today, but does this mean I will have to go to court? Could I lose even more money?

[oi-giz-it-back]

Hi cycle!!!,

Dont worry mate all is going fine. All that has happend with me last week. i had my notice of transfer last monday now just waiting to hear from the courts again. your nearly there and you should get all your money. Every last penny of it:-D !!!!

[oi-giz-it-back]

I think im about a week in front of you so keep tabs on my post to see what happens next yozzawood vs HSBC

[Castlebest]

As Oi says, once the 28 days is up you will get a notice of transfer of proceedings to your local court.

Following this you will probably get notification of a court date from your local County Court, this is good news. Read this notification and check what the District Judge has asked for, if anything and do/send what he asks for by any date he specifies.

Also read these two threads and see if you can nudge an offer out of DG, you will get one before your court date anyway so dont worry.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/79943-no-aq-straight-pre.html

 

pete

[Cyclepath]

I got notice from the courts today. No AQ and no pre-trial review either at the moment. Is it just a case of wait for a court date now?

[Castlebest]

That’s the idea Cycle.

 

You could try a nudge letter, Lattie did a couple of templates in her thread, see the ones I left for you, after all you want an offer from DG not to be messing about with court paperwork.

 

pete

[Cyclepath]

Sorry for the need for a quick response, I hope someone can soothe my jangled nerves as this is all getting rather 'heavy man'....:o

 

I am now organising the response for the court. I need to get it to them by 16th May so it will all be sent off on Monday, recorded delivery just to be sure.

 

I have printed off all the stuff from the court bundle on this site, I have itemised the charges with descriptions and copied all the correspondence I have had with the bank.

 

I have copied the first nudge letter as suggested here to send to DG. Do I need to send DG a copy of the court bundle too?

 

Should I send the courts a copy of the nudge letter to DG in their pack?

 

Also, I have noticed that my claim is going up as the interest is added is this ok?

 

Oh....and one other little worry, should I include the filing charge of £120 and the court charge of £100? If so, should that also include interest?

 

Have I forgotten anything? Or made any obvious cock ups?

 

Thanks in advance everyone....

[pinkduchess]

from what I've read on this you need 3 copies of everything one for court, DG & yourself (all identical)

 

if you're charging daily interest then add that on to date

 

yes you add on the filing & allocation fees. (no interest on top)

 

i think you need someone more experienced to confirm this. maybe pm one of the mods as youre in a hurry.

[freakyleaky]

looks spot on advice to me Pd.

CP add the filing fee and allocation fee but don't add interest on to that.

As PD says, pm a moderator just to confirm all the details. Good luck and keep your thread updated.

[oi-giz-it-back]

AHHHGGGG panic or what???? HELP!!!! CP you said you got your notice of transfer No AQ and NO pre trial date. Same as me and its just a case of wait and see. Thats what im doing. I have sent DG a nudge letter. But i havent sent the courts anything at all. Help someone have i missed something?????

[Cyclepath]

I am encouraged by the responses so far, it seems I am doing things about right.

 

Fortunately I don't work far from the courts so I can get it to them in person, DG is a different matter, but I am assuming (hoping) that a recorded delivery letter sent on Tuesday would make it there before 4pm on Wednesday.

 

@oi-giz-it-back

 

I would re-check your paperwork regarding your court date and see what they want you to do, it may be different from mine. Perhaps give them a ring to check they have everything they need from you.

 

Court date is set for 14.30pm on 25 June 2007 in the small claims track.

[pinkduchess]

recorded delivery should get there next day but is not guaranteed. May be worth using Special Delivery in this case which is guaranteed next day delivery. you dont want to miss the deadline

[Castlebest]

Hiya cycle, your doing fine, include copies of all of your correspondence in the bundle, if in doubt include it, and just make sure you get it to the court on time, if DG don’t get it and you have a certificate of posting its not your problem. (a lawyer in court with no information is a very funny thing bit like a fish on a bicycle )

Even if your involved with one of these mass court days I doubt DG will let it go that far you will get an offer very soon now.

pete

[oi-giz-it-back]

CP how did you know when your court date was. did that come with your notice of tranfer???

[freakyleaky]

Oi, calm down. You get notice of transfer first and then court date later! Mine took about 3 weeks between the two but the courts are snowed under at the moment so may be taking a bit longer. Give the court a quick ring, they are usually very helpful.

[Cyclepath]

@ Oi, the court date came about 2 weeks later.

 

I am collating the paperwork right now, and will post it later today. I guess it will be ok. I am wondering whether to include a letter to the court explaining my case?

[freakyleaky]

I have not included any copies of the court letters with letters to dg. I don't think it will do any good. DG will respond with an offer when they are ready regardless.

[Castlebest]

For your court bundle put in a copy of everything, as for a letter explaining your case you do that in the statements section of the basic court bundle, you are the witness so you make a statement of fact.

 

pete

[oi-giz-it-back]

Iv chilled a bit now. Phoned the court this morning. like you said there just busy but should hear something soon as there dealing with cases around begining of april. So i shall be following your thread now CP as you seem to be in front of me now. Im sure we'll all be laughing in the end. Im also liking the bit once you have your money back buggering them for costs to. Iv spent time researching this and my time isnt cheap. Well it isnt now!!! Good luck with you claim CP one shall be watching.

[Cyclepath]

I have heard precisely nothing either from the court or from D&G. I am thinking that my partner (whose account we are trying to get the charges back for) should ring the court and check they have everything they need. I sent the bundle on the Monday by special delivery and to DG by recorded delivery so they should both have received them before the Wednesday deadline.

 

My partner is getting a bit twitchy about a possible court appearance, do you all think a nudge letter to DG would be a good idea? Court date is set for the 25th June....we are both getting nervous. I am particularly worried that I might have forgotten something....I certainly did not include a copy of the banks terms and conditions.

 

Also, having re-checked the statements, I have messed up a few bits where the bank paid a few charges back and where I missed a couple. I want to just ignore these discrepancies and hope no-one notices. However, my concern is that if they are spotted, they will mess up the entire claim....

 

Thoughts anyone?

[pinkduchess]

I think you should be nudging DG every 10 days or so reminding them your hearing date is looming.

 

Im sure any discrepencies will be picked up by DG & will alter the amount you get back but not jeopodise the whole claim.