Saban v HSBC Defence entered help needed!

[Saban]

Hi

 

I am claiming approx £4400 from HSBC. Today their first 28 days on Moneyclaim were up and they entered a defence The couple of other banks i have sued (no where near this amount) settled before this so i have no idea what happens now!

 

 

I know that there is going to be something to do with allocation questionaires? can anyone give (or point me in the direction of) some info on this?

 

Also how soon will i be informed by the court of the court date etc?

 

Never done this before so pooing myself a bit!:o

 

Anyhelp is very much appreciated.

[lateralus]

don't worry - this is old hat now -

in a couple of days you will receive three things - a copy of their defence, a transfer to a local court and an allocation questionaire. look for the aq deadline - probably about two weeks.

my advice is don't file too early but don't miss the deadline.

 

here is how to do 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.

 

like a lot of new things - the aq will look quite foreign to you at first - my advice - read this post and the aq and then read it once more and then read it a third time - by the third reading it will start to fall in place and you should have no trouble filling it in. there is even a form on the first link given - you can bring it up now and look at it. pretty straightforward - just the 2 minor steps involving the new strategy - you'll get it.

 

don't worry - you won't go to court - the aq is just the next step in the process. nobody has gone yet - no reason you should be the first.

[Saban]

Wow thanks you very much lateralus! What a clear and concise response! I have looked at the links while it is confusing me now, im sure they will be a great help when i get the forms.

 

Sorry who do you mean by dg? Is that HSBC's solicitors? HSBC did request a breakdown of the charges after the first letter, which we sent. It wouldnt be a problem to send off another copy if that would help.

 

Again many thanks:)

[lateralus]

DG is their solicitors and they are dealing with you after you claim - so i take it you haven't sent them a copy of your breakdown - address is on page 2 of your acknowledgment.

 

here's some more info - go ahead and send them one now.

 

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

 

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[Saban]

Many Thanks again, i will send this ASAP!

[Saban]

Could i ask for some more help?

 

HSBC entered their defence on 28th March and it is now 14th April but i have not received my allocation questionaires or anything at all from the court. Is this normal? :-?

 

I am getting worried that they may have been lost in the post and i'll miss my deadline!

[Spiceskull]

HSBC entered their defence on 28th March and it is now 14th April but i have not received my allocation questionaires or anything at all from the court. Is this normal?

The courts are busy, and it can take anything up to four weeks for them to process parts of your claim. However, it would be prudent to give them a call on Monday, and politely enquire whether or not they have sent you the AQ...good luck.

[givememymoney]

It is also possible that the court may dispense with the AQ read this thread to get some more info

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

And as pheonix says give them a call on monday.

[Castlebest]

Hiya Saban, Have you received a Notice of Transfer of Proceedings?

This is a document issued by Northampton County Court (MCOL) and tells you the claim has been defended and its now going to be transferred to your local county court. It will also tell you if the AQ has been dispensed with for your claim.

pete

[Saban]

Hiya Saban, Have you received a Notice of Transfer of Proceedings?

 

This is a document issued by Northampton County Court (MCOL) and tells you the claim has been defended and its now going to be transferred to your local county court. It will also tell you if the AQ has been dispensed with for your claim.

 

pete

 

Thanks for your help, i will call them on monday and check if my Notice of Transfer of Proceedings says that the AQ has been dispensed with.

 

I'll keep you all posted!

[nettyg]

all that this means is that you will be given a court date at your local court - where both parties will have to disclose all evidence to be used in the case. don't panic because hsbc don't want to disclose jack!! and my way of thinking is whatever date you get for the hearing, dg solicitors will pay you by. fingers crossed for a speedy conclusion for you.