re HSBC-No A Q rec'd??but a letter from DG***WON***

[squash72]

Hi,

Thanks for taking the time to read this

I am rather confused - again!!!

I filed the MCOL 21st Feb and it was accepted(??) on the 23rd( i've just been locked out of HMCS for forgeting my password).

I haven't rec'd anything since then, not even an Allocation Questionaire.

But yesterday I rec'd letter from DG Solicitors requesting more details.

I obviously sent those back yesterday. - is this right, they are saying this will delay everything.

The time is up on Friday

What am I to do next and when - this seems like it has been going on for months (well it has really but my palms have never been so sweaty, also the fact I used to work for HSBC for 16 years, then I saw the light!!! )

I am look forward to hearing from any of you, please:)

Squashy

[Castlebest]

You should have received a notice of issue from the court and a notice of acknowledgement from the court this theoretically gives DG 28 days from the date of issue to defend against your claim. Currently DG seem to be using anything they can to delay things including using the volume of claims at the moment as an excuse (my heart bleeds) unfortunately the courts seem to be falling for it and are allowing extensions to the deadlines, there is nothing anyone can do about this and yes its unfair.

 

The advice at the moment seems to be phone you’re Court and ask what the position is with your claim and do the same with DG.

 

pete

[nettyg]

i think you really need to phone mcol - if you haven't received any paperwork, i'm wondering if you input your correct address - it does seem a little strange! quote your claim number when you ring them and explain that you have received nothing at all.

[squash72]

Hi

 

Thanks Castlebest and NettyG.

 

I called the court today and they told me it would be going to my local court and that they have sent me the details yesterday 22/3 which I should receive early next week!!!

 

BOTHER!!!!!!

 

So am I right in assuming that I am actually having to go to the court etc.

 

It is actually working if they are trying to put me off! But now I am in the deep end I will just "keep swimming swimming swimming"

 

Alot of people have got their money back earlier than this (I'm glad cos it does wear you down)

 

It is just the not knowing whats going to happen/what am I to do next (in my case)

 

Squashy

[givememymoney]

The timescales seem a bit strange but if your case is being passed to your local court then that is because HSBC intend to defend and the paperwork you will get in the next few days is the Allocation Questionaire AQ. This doesn't automatically mean you will be going to court but is the next step in the process. DG/HSBC are being exceedingly slow at the moment and typically get a 2 week extension on the AQ filing date. This happened in my case and I got a full offer the day after they filed.

[lateralus]

in answer to your original question

 

dg solicitors always ask for a copy of your breakdown before they make an offer - i would take their asking for it as an indication they may be about to deal with your claim - so immediately - get off your chair - make a copy of your breakdown (yes, again) and send it poste haste to the person at DG who requested it. simply say - as per your request - here is a copy of my schedule of charges. mail it today if you can - don't worry if you can't - just as soon as possible - then in 2-3 days - ring dg and ask if they were received - telling whomever you talk to that dg had requested them - with a little luck - you may be hearing from them shortly with an offer, fingers crossed!

[squash72]

Hi Everyone!!

 

I rec'd the AQ yesterday am completing today and actually taking to the court myself.

 

The part I'm stuck on is Section G "other information" - I've stated the case will last no longer than 1 hour" - should I send the draft letter aswell

 

This bit has thrown me completely - I can see why people give up at this point.:-|

I rec'd a copy of the Defence and Counterclaim and a list of my charges - Do I give all of this to my local court or are these for my records

 

sorry about all these questions - I just don't want to fluff it - which I feel like I will!

 

Thanks so much for all your help

 

Squashy

[Castlebest]

Lattie and Netty are the stars on sorting this bit out, they will be along with their brilliant info on how to fill in your AQ very soon, you have 14 days so there’s no panic.

You should send a copy of your schedule of charges to DG just to make sure they have it and I see no reason why you shouldn’t send a copy to the court too just to be on the safe side.

You’re on the home straight now you will be fine,

pete

[nettyg]

hi squashy... this is what you need (don't panic you're doing absolutely fine) everybody gets twitchy over section G.

 

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

 

and section G:

 

The Claimant proposes the attached Draft Order for Directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be futhered in that they will fully identify the most fundametal issues in dispute (as detailed below), and allow them to be assessed so that this caim may proceed justly and expeditiously.

 

The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and Common Law principles established since the early 1900's.

 

In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the Small Claims Track, and estimates that the hearing of the claim should last no longer than one hour.

[nettyg]

please excuse my typo's!!

[lateralus]

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

that's my cut and paste for the aq- some of it overlaps perky's.

[Castlebest]

See told you they are brilliant

 

pete

[squash72]

Thanks Guys YOU ARE BRILLIANT

 

Right so far no news!!

 

I have to file on the 10th April next Tuesday.

 

I've completed section G and now i'll take that to the court?

 

Do I copy everything I've done and send a copy to DG:| :idea:

 

and do I keep the copy of the defence I rec'd with the AQ- I am really feeling it now!!

 

sorry for sounding so silly

 

Thanks to you all

 

You've all been a ROCK to me.

 

And there is no way I would have gone any further it it wasn't for you.

 

Squashy

[lateralus]

no, copying out all that is for later - down the line.

all you need to file the aq is the aq itself and the draft direction and another copy of your breakdown and a cheque (and: if you put the info for section g on a separate piece of paper - you should write in section g itself - "see section g and draft direction for order attached."

any extra papers should have your name and claim number at the top.

 

i may have misunderstood your question - yes, copy the aq + draft order + breakdown and send a copy of all that to dg as a courtesy.

 

don't forget monday is a bank holiday so courts won't be open - just get it in on tuesday before 4pm.

 

those copies of their defence sent with the aq were just for your records.

 

if your claim is for over 1500 - the aq costs 100 to file - so add that to your claim for dg.

 

then take a look at this thread i wrote just for you (and a few others!)

 

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

[Castlebest]

She nicked most of it from other people really but shes still brill

 

pete

[squash72]

Guys

 

I've fluffed up big time!!

 

I filed my AQ 10th April - phoned the court a week later and DG/HSBC hadn't, but the court was behind with their paperwork.

 

I called DG a couple of times - left messages (always got an answer machine)

 

I spoke to the court about 2 weeks ago and they said that they were 10 days behind as they were really busy - but all i should do now is wait to hear from the court/judge.

 

Today I rec'd a letter in the post advising me and my husband to appear in court on Friday 13th July for a hearing !!!! :( at 10.00 as the judge has considered the statements of the case and the AQs and allocated the claim to the small claims track.

 

I now have to send all documents (HELP where do I start) to the court 14 days befor the hearing.

 

I just know this is going to end up like Mr Berwicks case.

 

Please help me - what docs do I need - I am really nervous already about what to say to the judge - and not to make a complete arse of myself.

 

Should I start calling DG again, like every other day to get some answers.

 

I am REALLY looking forward to hearing from someone soon!!!!

 

Squashy

[lateralus]

sorry, squash - out of touch yesterday - please don't worry about this - it is so, so normal. you've done nothing wrong - this is the way it is supposed to go.

 

here is where you need to look for what's going on at this point:

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

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

so, 14 days before the 13th of July you need to submit this:

 

you will have 14 days (the date will be on the paperwork) to send in four things.

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

that is from post 1 of the after you've filed thread. now please go read the rest of post 1 on the two threads i've put here for you - particularly the after you've filed one.

 

the point is - check with the court - to see if they have/have not received an aq from dg - then write them a nudge letter - use the ones in the post or make up your own. and send a breakdown with each letter - dg doesn't make offers until one of two things - a deadline is looming or they finally get to your in the big pile of claims - so, you keep nudging - every 10-14 days (each with a breakdown) and keep referring to what they have or haven't done. they will have to file these away and each time - they could decide to just get it over with.

don't ring dg - it isn't going to get you anywhere - send them nudge letters - much better, more professional a pproach.

and stop worrying - your claim is on track. you'll get there.

 

p.s. my theory on working their way through the pile - they are now apparently dealing with claims filed in mid-late feb. so, you should be nearing the top of the pack - but nudge!

[squash72]

LATTIE ( AND EVERYONE ELSE HERE )

 

YOU ARE MY ROCK:D

 

NERVES ARE SETTING IN AGAIN

 

I HAVE BEEN SENDING NUDGE NUDGE LETTERS TO DG SO FAR EVERY 10 DAYS OR SO - AND NO RESPONSE

 

AM I RIGHT IN THINKING

 

I NEED TO GET MY COURT BUNDLE TO THE COURT AND DG ON THE 14TH DAY BEFORE THE HEARING 29TH JUNE (13TH JULY IS THE HEARING) OR WITHIN THE 14 DAYS LEADING UP TO THE HEARING??

 

SHOULD I START NOW PREP- ING OR AM I JUST PANICING

 

I DAREN'T REMIND MY HUBBY WE ARE EXPECTED IN COURT - IF HE NEEDS TO STAND UP IN COURT AND EXPLAIN ETC I MIGHT AS WELL FILE FOR DIVORCE WHILE I AM THERE LOL

 

I AM CHELMSFORD COURT - ANY CHANCE OF FINDING OUT HOW THINGS ARE DOWN THERE (IN FAVOUR OF US OR NOT) - I MEAN

 

NOT SURE WHAT THEIR GAME IS NOW - IS IT JUST HIT AND MISS WITH WINNING??

 

THANKS AGAIN

 

SQUASHY

[Castlebest]

Hiya squash, go to the templates library and download the basic court bundle, have a read through it (miss out the case law bits for now thats heavy reading)

 

Make two lists, first one notes of what you need to add to it for your particular case and second one bits you dont understand, ask us about the bits you dont understand.

 

we have got almost a month to help you put this together so it should be no problem.

 

pete

[lateralus]

and that question of when - 14 days before your court date is the deadline for submitting the court bundle - so - as you say - the 29th it needs to be in. the copying out takes pretty much one day to do - remember it's in triplicate - you will be sending one full copy to dg.

 

so, as long as you aren't going on holiday s hortly or anything - just plan on doing it - i'd say - just to make sure - the week of the 18th - so...

a week to look it through and then a week to copy it out.

 

i'm going to give you what i gave you above - but i've updated it a little and made some things clearer and i think it is a good pattern to follow for what needs to be done -

 

here it is again:

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

courtesy of hagenuk: some t & c's from 2004

Attached Filespersonal_banking_terms.pd f

 

 

let's take it step by step

item 1 - your schedule of charges - easy!

item 2 - statements (only pages with charges circled) - easy!

item 3 - statement of evidence - follow the link - it's the first of the two letters shown there. copy it out - then go on this link:Nawanda Vs HSBC she had to do the statement and she did it then there was a bit of comment from garyh - so in the end it is just right - so, once you've copied it out - take a look at that link to fill in the blanks and get it right.

item 4 - the court bundle, follow the link - it's a lot of copying.

also, in the litigation section - you can run a copy of settled claims

Litigation Section - View and print out litigation spreadsheets here,

also, a copy of all the paperwork between you and the bank since you've started this (but nothing marked without prejudice),

also, the t & c's - preferably from around the time you opened your account - we are getting more and more all the time so check here:

HSBC T&Cs HERE and failing any there that would help - use these:

Attached Filespersonal_banking_terms.pd f (need adobe to open)

and another note here - use the whole thing and highlight Clause 7.13

and one final note on the whole thing: take a look at how corn flake did her table of contents as it looks pretty good and would be a good reference for anyone doing their bundle:Court date set for 18th June t 12.00 getting worrried now any advice? (1 2 3) post 17.

 

 

that's about it - i've tried to put all the links for you and if i do say so myself - it's pretty complete - i think i'll save it for future use to pass on as how to do the court bundle in several easy steps!

 

good luck - get back if you need help or have questions on something.

 

 

almost forgot the most important bit - NUDGE DG - remind them of the court date and the date that the bundle needs to be in - and then remind them again -

some would say don't - i say do - they have no intention of supplying this information - it is almost like clockwork - you send you bundle in time for the deadline - they don't - they offer instead. at some point it is going to occur to them that making the offer slightly earlier - before the bundle is due - is going to avoid people asking for the time wasting costs (do this after you've won) and at some point the courts will start doing dg for abuse of process - like they are the other banks - and finally, as if they cared - it would help to clean up their tarnished reputations -

 

i truly think they hope you will be put off at the point of the bundle - do let them know at least twice very forcefully that you aren't going to let it drop - the court bundle will be with them shortly and they might as well go ahead and make an offer.

 

so, nudge dg -now and again in one week. use the nudge letters in post 1 of the aq threads in my signature and rework them to suit. and don't start the bundle just yet - it could work!

[squash72]

EVENING,

 

RIGHT HERE IT GOES

 

I've sent the relevant nudge nudge letters - to no avail!!

 

I am currently copying everything with writing on at the mo -Well it seems like it!!

 

Couple of questions again please

 

One of my accounts opened in 1989 - and my joint in sept 2000

 

I am only claiming from feb 2002 onwards - am I right in thinking i need a copy of the t&cs throughout the past 5 years - everytime I have been charged - or is it only from when the account opened??

 

Also the litigation list - is it only for HSBC results or all the banks to be included.

 

Sorry if I seem daft - but I am not really thinking straight - but nervy and drowning in paper!!!!!

 

I am getting there - do you think I have started copying to late or early.

 

I am taking the docs to the court myself on Friday 29th (due date) - but sending everything to dg on Wednesday - is that right

 

thank you once again - my rock

 

Squashy:-D

[freakyleaky]

You only need the T&C's for the time your account opened. You could also send some from around 2004 which is mid claim.

The litigation section:- Just the HSBC cases will do!

Don't rush it. Get it right. Only send it when you know it,s right!(as long as it is before the due date)

Have you read the court bundle for dummies thread?

[freakyleaky]

court bundles for dummies

[lateralus]

squashy - do you want to put your court directions up here and then we can double check dates and info for you...

[squash72]

OY YEAH OH YEAH OH YEAH

THANK YOU SO VERY MUCH, LATTIE, CASTLEBEST, NETTYG, FREAKYLEAKY, GIVEMEMYMONEY AND EVERYONE ELSE

WE FINALLY GOT THE LETTER FROM DG TODAY OFFERING SETTLEMENT £1165.00 - CANNOT THANK YOU GUYS ENOUGH.

:)

DO THEY SEND A CHEQUE OR CREDIT THE ACCOUNTS - OUT OF THE 3 ACCOUNTS ONLY 1 IS STILL OPEN - CAN I REQUEST THEY PUT THE MONEY INTO THE ONEACCOUNT.

I CAN'T BELIEVE IT - AND TO THINK A FEW PEOPLE I HAVE SPOKEN TO NOW TELL ME THEY THOUGHT I WAS WASTING MY TIME AS I WOULD NEVER HAVE GOT OUR MONEY BACK!!!

YIPPEE

SQUASHY72