Myk3yB v HSBC

[Mik3yB]

Small update - The MCOL site says Acknowledged.

 

I also received my Notice of Issue today and I am now awaiting the Acknowledgment to send off.

 

So far, it has all gone to plan (fingers crossed).

[Mik3yB]

Monday is the deadline for HSBC to defend, how late do they usually leave it?

Will I get any letters when they do defend or should I just check the MCOL website on an hourly basis?

 

Hopefully they'll make and offer soon as it's about to go to local court.

 

Fingers still crossed!

[jowalshy]

Hi Mik3yB. sometimes DG submit their defence at the last minute. You will get notification from MCOL that they have defended with a copy of their defence. Then your case will be transfered to your local court.

[Mik3yB]

Hi Mik3yB. sometimes DG submit their defence at the last minute. You will get notification from MCOL that they have defended with a copy of their defence. Then your case will be transfered to your local court.

 

Right okay, cheers. I'll give it a day or two to see if anything lands on the doormat - I'll keep my eye on the MCOL site too.

[lateralus]

just check your dates - it's 28 days from the date it was served - it's on the notice of issue. yes, just keep an eye - press the button if it's been 28 days - but be warned the courts regularly give them an extra 7 days to file their defence. about a week later comes notice of transfer - to a local court and a copy of their defence - then you start on the nudging letters - see posts 1 on both my aq threads in my signature. but for now - just keep an eye on the button!

Newcomer? Here's A User Guide

Getting MCOL Right

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

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

BBC NEWS | Business | Judge attacks 'time-wasting' bank

[Mik3yB]

Just checked online now and it says -

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

[lateralus]

so, they've defended - that was to be e xpected.

start working on your first nudge letter to dg

and the courts are really slowing up - may be 10 days before you get the transfer and defence.

[Mik3yB]

Today I received the "Notice of Transfer of Proceedings" (dated 31st May) letter.

And what looks to be pretty standard practice now, the allocation questionaire has been dispensed with..

[pinkduchess]

waitng time again for local judge to make directions.

 

keep in contact with dg with nudge letters

[Mik3yB]

I have now received a letter this morning from Bradford Court.

 

"Before Deputy District Judge Rooze sitting at Bradford County Court etc etc

 

Upon the courts own motion

 

It is ordered that -

 

1. By 4pm on 6th July 2007 the Claimant do file and serve on the defendant the following further information:-

a. On what dates did the defendant levy the charges complained of?

b. How much were they?

c. What reason was give (e.g unauthorised overdraft)

d. Was the amount charged in accordance with the Defendants terms of business at the time it was charged?

e. What does the Claimant say a fair charge should have been?

f. How does the Claimant caculate that fair charge.

 

2. In default, this claim will be struck out.

 

3. On compliance this file will be considered further by a District Judge and further directions given."

[Michael Browne]

a,b & c Send your schedule of chrages

 

d. The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions signed by the Claimant when the account was opened.

The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made.

 

e & f:

The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

[Mik3yB]

Thanks for the reply Michael - much appreciated.

 

Would you recommend that I detail points d, e and f, in an accompanying letter with my schedule of charges? I would assume this would be accepted?

 

Do the Courts need a copy of the Prelim and LBA, or should I just send them later if they request copies?

[Michael Browne]

IN THE XXXXXXX COUNTY COURT

 

CLAIM NO. XXXXXXXX

 

BETWEEN

 

XXXXXX XXXXXXXX

Claimants

 

-and-

 

HSBC BANK PLc

Defendant

 

 

Pursuant to Order by Judge XXXX Dated xx/xx/xx

a. On what dates did the defendant levy the charges complained of?

b. How much were they?

c. What reason was give (e.g unauthorised overdraft)

 

Please see the attached Schedule of Charges

 

d. Was the amount charged in accordance with the Defendants terms of business at the time it was charged?

 

The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions signed by the Claimant when the account was opened.

The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made.

e. What does the Claimant say a fair charge should have been?

f. How does the Claimant caculate that fair charge.

 

The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

 

I, the Claimant, believe all facts stated to be true.

 

Signed,

Dated.

 

[Mik3yB]

That's excellent, thanks.

 

With regards to the schedule of charges that I include with this letter (which I will post recorded delivery on Monday), does it need to be dated 18/06 with the up to date 8% included?

The reason I ask is because the 8% is based on a daily rate and will be slightly higher than what I originally claimed through MCOL on 23rd April.

[Michael Browne]

Click on the time in your taskbar and re-set the date to April 23. Open the s/s and print off. Re-set the date

[Mik3yB]

I have just received a letter this morning.

 

"Notice of Allocation to the Small Claims Track (Preliminary Hearing)

To the claimant's Solicitor.

 

District Judge Lawton has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

The preliminary hearing will take place at 10:00 on the 22 August 2007 at Bradford County Court..."

 

Then there's a little clause about delays and such.

 

Do I need to do anything between now and 22 August? Do the courts send a copy of this letter to DG?

[Castlebest]

Hiya My, there is normaly a directions section something like

 

The claimant is directed to do whatever by xx/xx/xx

 

The defendant is directed to do whatever by xx/xx/xx

 

just do what it says

 

pete

[Michael Browne]

See here:

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

[Mik3yB]

Have many people actually attended Preliminary Hearings or is it likely the banks will make offers beforehand?

 

Although I am willing to go to court if need be, I'd rather not if I can help it:)

[jowalshy]

I have a prelim hearing on 25th July, I am waiting until the last moment before I book the day off work in the hope that they will settle before hand. I sent my bundle off to them a couple of days ago, but unfortunately I haven't heard anything as yet.

[Mik3yB]

Bundle as in Schedule of Charges and cover letter?

[pinkduchess]

dont think that quite constitutes a bundle!

 

i dont know what you need, maybe not the full bundle.

 

someone else will know

[lateralus]

this is from the got a court date link above:

 

Prelim/Directions hearing

 

 

oops, just remembered - we aren't supposed to put stuff from these sections into the open forum - just link to it from post 43 above and use it

[Mik3yB]

I'm today gutted, I got a letter from court saying that my preliminary hearing has now been postponed until the Office of Fair Trading case in February.

 

I take it there is nothing now that can be done except wait for 6 months?

[freakyleaky]

There is something you can do. Read this for starters

Application for removal of staty