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

[lateralus]

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.

[lateralus]

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.

[lateralus]

yes, nudge!

see post 1 of these two threads - New---after 28 Days - Maybe No Aq!!!!!!!

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

both have ideas for nudging letters to send to dg -

send one every 10 days until you get an offer.

[lateralus]

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.....

[lateralus]

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.

[lateralus]

garyh will be around to tell you what's needed when he gets a minute.

[lateralus]

and after you've looked at it and fainted dead away and later revived - that's why i said leave it for now - let's concentrate on getting you an offer.

[lateralus]

and whatever you do- don't start all that copying until much later.

just keep up the nudging effort....they will offer.

[lateralus]

crusher and others are trying to put together a refence library i guess you'd call it - for peeps to use - so everyone is looking for them - they will probably have every possible one by the time you need it.

 

 

here's my list of the court stuff - and the links may tell you what you want to know...

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.

[lateralus]

i know i sent this before - but i've updated it a little and added a link to some 04 t & c's

 

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

 

 

also, Nawanda Vs HSBC (1 2 nawanda's exchange with gary helps with the wording for the statement of evidence.

and post 13 on this one:The Importance of Terms & Conditions tells how one winner marked his t & c's

 

 

ok, just went back and read you directions - you are right - it doesn't say - but i'd send dg the bundle anyway - there's some thought they see a bundle and make an offer - no harm in that then!

[lateralus]

make sure court one in on time - as you rightly say - you carry on with anything required until you get the money. nearly there!

[lateralus]

wow, good day for our side, huh!

fantastic news - glad you got it

i'm adding you to my court bundle = quick offer list.

you guys really have something to celebrate now!

well done, you!

as for the court date - just a quick letter to your court saying you are in receipt of a full offer and have accepted and are just waiting to be paid out and you will let them know when it has been received will do - and then do write them again when the money has come and ask them to consider it closed.

 

also, please don't forget to pm a moderator and add your details so that they can be added to the data base for settled claims.

 

congrats, again.

well deserved!