DG Sols turn nasty - urgent help needed!

[hunkydory]

Hi! My hubby is just starting his MCOL as surprise surprise, HSBC have ignored his letters. Anyway, he was claiming charges from 01/03/01 in his letters to the bank and we wondered if that means that we can include the charge from 01/03/01 on the MC or if as its now more than 6 years since that charge, we can only claim for charges which are still within the 6 years?

 

Sorry if this post seems confused but we are!

 

Thanks!

[nettyg]

you can claim from the date that you issued your claim for 6 years exactly

[hunkydory]

Thanks nettyg - but is that 6 years from the date we first wrote to HSBC (ie back in January) asking for the money back, or 6 years from the date we start the MCOL (ie today)?

[hunkydory]

Hello! Just an update - we ended up going the whole hog and raising an MCOL as HSBC just ignored the LBA (how rude). The MCOL is for in xs of £3500 including interest @ 8%. It was acknowledged by DG Sols on 08/03/07. Could someone just clarify that they have 28 days from the date the claim was issued (07/03/07) rather than the day it was acknowledged? I'm sure I'm right and just got the collywobbles!

[hunkydory]

Raised MCOL against HSBC earlier in month for charges, which with interest added came to just over £3700. Claim was acknowledged by DG earlier in month.

 

Husband's account was closed by HSBC in over a year ago with his overdraft being approx £2500. His charges being claimed back amounted to £3100. After advice from CCCS, refused managed loan and started a debt management plan (DMP). The situation with HSBC had caused him to default on pretty much everything else. He didn't pay his DMP for a couple of months due to financial probs (broken rib meant time off work - no overtime, car needed taxing etc)

 

Just in from work to find a County court claim against him from HSBC for £2200 (overdraft less payments made under the DMP) & interest being claimed.

 

Obviously DG seem to be trying a new tactic and think this will frighten us. It has a little but we are now furious about this. We could really do with some help from our friends here on the BAG.

 

Our claim against them was raised on the 3rd of March I think (papers not to hand so gove or take a day).

 

Please can you help? I'm tying this shaking with anger and also a bit of anxiety!

Hunkydory

[harvest]

HunkyDory

 

You need to read this thread very carefully: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html#post203738

 

 

Mindzai and Lucid V Llloyds. They had exactly the same situation with Lloyds. You can probably use their letters as a template and see how they stopped Lloyds taking court action while the account was in Dispute.

 

Hope you get it sorted - must be a huge worry - but I'm sure it'll be alright.

 

Good luck with it, let us know how you get on.

[Bookworm]

Easy:

 

Tick the box saying: "I dispute the full amount claimed as shown on the claim form"

 

In the Defence box, say that he is denying that he is indebted as alleged but if it is found that he is then he will setoff the sum claimed in their claim against the sum claimed by him, the total of which is higher than what they are claiming off him.

 

Does that make sense?

[hunkydory]

Thanks Harverster & Bookworm!

 

Bookworm - I think that makes sense! DG have until the beginning of April before we can enter a jidgement against them which is sooner than our 28 day period if we acknowledge the claim.

 

Should we reply straightaway with an acknowledgement to buy time & then enter a defence (now whose tactics does that sound like?) or raise a defence now?

 

Also, I do know a journalist at one of the nationals. Could we play nasty at this stage with the adverse publicity angle or not go for that dirty trick?

 

Thank you all so much - it feels better knowing we're not on our own as such!

[hunkydory]

Can someone please help me re timescales???

I have read the MCOL paperwork and think I've got this clear - HSBC have 5 days from the date of issue of the MCOL to respond. Once they acknowledge service they have 28days (+ the 5 for service) from the date of issue to enter a defence. Is this right?? In our situation, the MCOL was issued 7/03 & acknowledge on 9th. I take it we can't apply for judgement until 7/04??? Or do we have to allow extra time for bank hols?

 

We have also acknowledge receipt of the claim against us for non-payment of an overdraft (retailiatory action by DG!!) and I again assume we have this 28 days + the 5 days to allow for service before we enter our defence?

 

Part of me begins to wish we didn't bother and just paid up, which is what DG want, but then I remember its our money & we can't afford to throw it away!

[lateralus]

it's 28 days from the issue date to defend - so, if it was issued on 7 march - they have until 4 April to defend.

[hunkydory]

Just to bring you up to date...

We requested judgement by default on Tuesday afternoon, only to discover on MCOL this morning that judgement has been rejected as a defence has been raised.

 

We are now rather worrried. Especially as DG have countersued my hubby for non-payment of his overdraft which entirely exists of penalty charges. I assume we will get the AQ next.

 

If we do end up at court, will I be able to speak on my hubby's behalf? He isn't the most eloquent of people and is bound to get angry and het up.

 

Any advice gratefully received.

[lizvp]

hi there HD,

 

i know just how you feel!! hsbc pushed us right to the edge, i had even filed the court bundle before we got an offer for the full amount.

 

i was also acting on my other halfs behalf, and i was absolutely positive (sweating bullets) that we would be the first to meet them in court. of course that didnt happen.

 

however, if it had, we would have taken it in our stride as we did all the rest, with the help and support of the people on this forum...you are not alone!

 

i understand that things have changed slightly re the AQ, lateralus has started a couple of excellent threads on the AQ, the newest info seems to be here... New---after 28 Days - Maybe No Aq!!!!!!!

 

i can only imagine how stressful it must be for you with the case they have brought against you on top of it all, but if you can only keep your nerve for a while longer, you WILL come out on top.

and try not to worry about the court process (though the odds would be against it getting that far), the judge will know that you are 'litigant in person' and will guide you through the process. you could also introduce yourself to the judge as a 'mackenzie friend'..

'The purpose of a McKenzie Friend someone who assists an unrepresented party in court is to aid the litigant by taking notes, organising papers and giving advice. He is not an advocate and has no rights of audience, but may speak if invited by the judge.'

 

as to their claim against you, do i understand that they owe you more money than you owe them? sounds to me that the amount owing is in dispute, and they shouldnt have issued against you until the dispute is settled? anyone any ideas? could it be argued that their litigation is vexatious?

 

i do hope you dont give up, you have come so far! and as you rightly say, its your money! i cant count the number of times i felt that it was all too much, that i just couldnt cope and wished that id never started...but then i would come back here, read a few threads and it would make my blood boil enough to get through it..and we won, the lot, and it felt sssooooo very very good. so good in fact, that having had a little rest, im about to go after them for 'beyond 6 years'

 

watch out HD, this stuff can become addictive very good luck to you,

liz

[hunkydory]

Thanks for your kind words and support - it truely makes a difference : )

 

Have just spoken to hubby at work - he is still up for the fight, especially as its his money and being ambulance crew, he's not got the best paid job in the world so can't afford to write it all off!

 

I'm just wondering what the defence is - my claim against A&L was defended because they settled 1st so that would be a nice surprise!

[hunkydory]

We have now received a notice of Judgement rejected from the court. It gives the reason for the judement being rejected as:

 

"Case status is set (eg paid, transferred, etc)"

 

Does anyone know what this means? We haven't received any correspondance from DG in the meantime so assume its not because its been paid.

 

Unfortuantely hubby can't phone MCOL to find out as busy driving his ambulance & hasn't his mobile with him and under data protection they won't deal with me!

 

Any help gratefully received!

[lizvp]

dont worry, it just means that a defence has been entered and the case transferred to your local court (from what you have said).

you should receive more papers very soon.

this is just in response to you pressing the judgement button online, nothing to fret over.

liz

[hunkydory]

Have just received court paperwork. It states that it has been transferred to Peterborough County Court and that:

It is ordered that

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise"

 

I take it this is a notification and we don't have anything else to do at the moment??

 

HSBC defence is as follows:

1. The claimant's account os goverened by the Defendnats persoanl banking terms & conditions

2.Pursuant to the defeendants terms & consitions the defendnat is entitled to make a charge for its services as set out in the defendant's price list, including an overdraft fee for considering whether to provide and providing an overdraft.

3. The Defendnat denies that the charges applied to the Cliamants account amount to penalties at common law and/or unfair contract terms for the purposes of the UTCCR 1999.

4.The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendnats terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not default charges and, accordingly, cannot amount to a penalty.

5.Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

In the meantime we have defended the counterclaim against us.

 

Any help gratefully received as always! Thanks!

[lizvp]

you have their completely bog-standard defense. the following thread should help:

 

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

[hunkydory]

Well we never received an AQ but have now received notice of our court date at Peterbrough County Court for early August.

 

Last week we received a letter from DG Sols asking for a full breakdown of the claim against them. We complied by fax and email (even though they should already have this information and we take it either they are 1. inept, 2. awkward or 3. both!). Anyway, eventually my calls were returned and receipt of the documents acknowledged.

 

Yesterday we received another letter from DG re the counterclaim they have made against my hubby, which states:

 

"We understand that you are defenidng the claim on the basis that you believe the debt comprises of penalty charges.

So that we may fully review the situations please can you provide a complete scheduled breakdown of each charge you dispute and why."

 

Now, clearly they already have this information in respect of the claim against them. Are they 1. inept, 2. awkward or 3. both or 4. don't have a photocopier!!!!!!!!!

 

Obviously we need to respond and play their silly game & reply. Does anyone have any tried and tested wording which we could also use in the letter back to them about the reason why we dispute the charges?

 

Thanks! We are feeling anxious about the court date but with your support will soldier on!

[hunkydory]

....Anyone?????

[lateralus]

i can't really tell you anything about your counterclaim issue but the reclaiming the charges - i'd go with one of the nudge letters - reworded to fit you situation - have you sent any so far? now is the time to start sending them - one every 10-14 days urging them to make an offer.

the ideas for the letters are in post 1 of these two threads:

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

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

and send another breakdown each letter.

[hunkydory]

Thanks for the advice - we will try this tack!