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Mellymum vs HSBC - ****WON!****


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Hiya, my date of serving was the 12th, and HSBC said they would defend on 09/03/07 just waiting for this Allocation Questionnaire, trouble is 28 days from the date of serving is Easter Monday, would they have to get it too me before then?Fed up now, just want this to be over a done with!

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The trend at the moment seems to be towards delays, Judges have issued DG with extensions to the deadline dates (very unfair but nothing we can do) in a few cases now.

So I would expect a delay rather than an early response

pete

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hi mellymum

i take it you have received a notice of acknowledgement where it shows that they intend to defend. that means that they have up until the 9th april to defend - which they will, probably at the last minute! a few days after that, you will receive the aq,

If i've been helpful in any way....then tip my scales over there!

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i'm only asking because if you did, you can keep your eye on the status of your claim online - i'm sure they'll defend before the 9th. if you didn't, you could ring your local court to ask if they've entered a defence.

If i've been helpful in any way....then tip my scales over there!

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i shouldn't worry about it - you'll receive the notice of acknowledgment first in the post. after they have filed their defence which will be at the last minute as i said in an earlier post - that's when you'll get a notice of transfer of proceedings, telling you which court will be dealing with your case, with a copy of the defence and the allocation questionnaire - may be a week or so yet.

If i've been helpful in any way....then tip my scales over there!

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Hiya, heard the good news about the OFT report needing further investigation! Hopefully the bank should see no reason in delaying and costing themselves more money. MCOL still only says acknowledged, the 28 days is up on Bank Holiday Monday, so they havent got long, but I get the idea that they leave it to the last minute anyway reading some of the threads. I recieved the letter of acknowledgement a while ago now, seems like it goes on forever!

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it's a matter of wording - on the acknowledgment - page 2 says they "intend to defend all charges" right, so, as above - that just bought them another 14 days in addition to the 14 they had after it was served - making a total of 28 days for them to actual submit a defence. they normally do this on the last day - probably just before or after if it falls on a holiday. at that point - the mcol will change to something like - you can not proceed with the mcol - which means they have defended. about 2-3 days after that h appens you will receive paperwork from the court with a transfer to your local court, a copy of their defence and an allocation questionaire for you to fill out and file (costing £100 if your claim is for over 1500 and you will be able to ask for that back when you settle with dg) look for the deadline to file the aq when you get the paperwork - that is important - probably about 2 weeks from when you receive it. let us know when you get it and what the deadline is.

 

if you want to be ahead of the game - here is the info i would post when you receive your aq - on the first link mentioned - you could - if you wanted to - download an aq blank and be filling it in to have as a template for when the real one arrives. certainly not necessary - but some peeps like to be prepared ahead of time. here's the info i'd send you when you get the aq.

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.

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Hiya, that brilliant thanks... I must admit, getting this far it all starts to get quite in-depth and Im starting to get worried! My claim is for £1132.91 including the £120 court fee and interest, so I wont have to pay the £100 for the AQ. I will definately make a mock one so I know what to do when I get the real McCoy! If I dont have to pay the £100 AQ fee, should I send it back asap, would it make a difference? It all seems so drawn out now, Ive tried putting it to the back of my mind as it stresses me out too much if I think about it alot!Thanks again so much... like I said, nervous about the AQ as there seems so much you have to do for it! Worth it in the end..

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the instructions make it look at lot of work - but it is really quite straightforward. my advice is read through it all once - then read it again and i promise - by the third read it starts to look very do-able and from there it just gets easier.

as for sending it early - why bother - their deadline is the same date - up to you - but i still say wait until it's nearly due - others may disagree.

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Melly mines due on the 10th, the day after yours, we have no worries trust me if I’m reading the posts right the Judges are getting really fed up with all of this, we will get offers soon because DG will have been told to get it sorted or they will get the hard line from the courts.

And look on the bright side, if you don’t get an offer and the defence gets thrown out you can charge the TV crews who want to film the bailiffs removing property from a bank, so you make even more money

pete

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  • 2 weeks later...

MCOL won't let me start judgement, the date of serving was Monday 12th February, 28 days was yesterday, so why won't MCOL let me start judgement? I have heard nothing since the acknowledged and I got the papers through saying the intended to defend the whole amount. My next door neighbour is in exactly the same situation... any advice? Should I give MCOL a ring tommorow?Cheers

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Hiya melly, yes phone the court to find out what’s going on, it maybe that DG have submitted their defence and you will now be transferred to your local County Court, or maybe DG have an extension to the deadline, both are possible, the Court will tell you.

pete

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  • 2 weeks later...

Thought Id better update. No AQ had to be filled out, have a court date of the 25th June confirmed by Weymouth court (they're doing a whole load of bank ones at once) Is there anything I need to do???:idea:

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Hiya Melly, Another Court party !!

What has the District Judge asked for in your notification of the court date? is there anything listed for the claimant do do or provide? if not all you have to do is turn up and have a natter with a room full of other claimants.

I doubt it will get that far, DG wont want to go anywhere near a District Judge so will make you an offer well before the date set, as lattie says just do a little nudging letter to remind them your there and the clocks ticking.

pete

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Just typing up the letter to DG sol with my detail, do you think its sounds okay to add this to the first paragraph about the hearing date???

 

It has come to my attention that as of 11/04/07, that an Allocation Questionaire may not be required in this case and that a hearing date has been set for Monday 25 June 2007 at 10.00 am.

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Hiya, its says the following:1. This case is to be listed for hearing on Monday 25 June 2007 at 10.00 am.2. It will be listed with all other oustanding claims for refund of bank charges etc.3. The parties shall file and serve witness statement with copies of all relevant documents annexed by 4.00 pm on 11th June 2007.4. The judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to proceed there and then with the hearing.5. It is likely that any case seriously contested will be given directions and a later hearing date.6. It is probable that the Judge will deal with cases in batches where there is more than one case against one particular Defendent.7. If a party fails to attend the Judge may strike out the claim or defence as he seems fit and enter judgement accordingly.

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ok, that's nothing to worry about but put a big - very big red circle around say 1 june on your calendar so you can get to work on what needs to be sent in by the 11th as you don't want to miss any details out.

 

but, the goal is not to have to send anything - because the hope is you will have your offer/ your money by then - so

concentrate for now on the nudging business.

 

i'd leave the court details off for now - although they will have them as well - no use waving a red flag in front of the bull (they know they can fob you off until just before the court hearing so why let them know anything) you may want to put that on a later nudge. just start off with the aq may not be required.....

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You've probably answered this in someone else's thread so Im sorry for being a pest if you're repeating yourself, but what is it exactly I need to have prepared for the 11th??Also, should I still send the Draft Order for Directions?Getting that 'nudging' letter in the post tommorow!Cheers and thank again for all your helpJodie

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well, it looks like a witness statement for sure and i'm not sure what the rest is referring to - it's certainly not the full draft order -

i'll ask someone to take a look and tell you what it is - but just remember - for now the important thing is to maintain contact with dg by nudging them.

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Thanks for that, sorry my post is a bit messed up, cant seem to do paragraphs at the moment??????

 

Will just stick to the 'nudging' letter until I hear more from you.:)

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