yoshi vs Hsbc what do I do next...help

[yoshi]

I could do with some advice please:cool:

Amount claimed £1066 with interest total £1265.80

Been through all the process with no outcome so put in an online claim via MCOL on the 5/3/07.

On the 12th of march recieved an offer from HSBC for a total of £842.

Now seeing I had just started my court action (costing me £120) I decided to decline there offer.

I sent them a letter via recorded post and via email (15/3/07) ( saying basically thanks but no thanks and that I would be pursuing them for the full amount plus the court costs of £120.

Since then I've heard or seen nothing other than an"acknowledgement of service filed" letter from the northampton county court dated the 16/03/07.I have not even seen a AQ form.

 

Today 30/3/07 I recieved a letter from HSBC saying that they don't agree with my claim and will not be paying me back the total claimed £1385 as they do not pay back interest charges. And say that unless they here from me in the next 8 weeks then they consider the matter closed'

 

Help...what do i do next?

 

Your advice would be much appreciated.

 

Thanks

 

Yoshi

[ladybird17]

probably best to give the court a ring - they are bit snowed under at the moment (mostly with us I think!)

[nettyg]

ok, you have filed your claim with mcol and they have got to the acknowledgement stage. there will be a date on the acknowledgment stating when they have to defend by (which they will, probably just before the date).

 

you will be dealing with DG solicitors from now on in anycase so letters from the bank can be 'ignored', unless they're for a full offer.

 

which spreadsheet did you use? simple or advanced?

[yoshi]

ok, you have filed your claim with mcol and they have got to the acknowledgement stage. there will be a date on the acknowledgment stating when they have to defend by (which they will, probably just before the date).

 

you will be dealing with DG solicitors from now on in anycase so letters from the bank can be 'ignored', unless they're for a full offer.

 

which spreadsheet did you use? simple or advanced?

 

Thanks for your replys,

 

The acknowledgement date is the 16th March and states that the service has been filed and that the defendant has 28days from the date of service to file a defence. So when is the 28days up from the 10/03/07 (5days after I placed the claim on MCOL) or from the 16/03/07? Sorry but bit confused on that one.

 

By a spread sheet all I origianlly sent was the interest calcultor off moneysaving expert.com sheet along with the relavent statements with the charges highlighted.

 

Yoshi

[nettyg]

you'll still have to do another spreadsheet as the one you've submitted doesn't include any details of what the charges are for (unless you have written them in independantly). also, you didn't need to send statements (i hope you only sent copies and not originals).

 

when you received your notice of issue - there will be a date on there that the claim was 'deemed served'. that's the date you count the 28 days from.

[yoshi]

Ok, thanks for that, on my paperwork re the acknowledgement there is no date but online it says the 10th.

 

Being a bit thick what do you suggest i do for a spread sheet is there any threads with examples on I could use? (when will I need this?)

 

Also I only sent photo copies of the statements.

 

Also reading my letter from Colin (HSBC) the letter pretty much says that they won't pay the interest but no mention of the original £1066 so should I try to contact someone and try to broker a deal? As I would settle for the £1066 plus the £120 mcol charge. Any contact suggestions?

Thanks

Yoshi

[nettyg]

6. Interest calculation spreadsheets

like i said in the last post, you will be dealing with dg solicitors now - the offer would have been relating to an earlier letter you sent to hsbc asking for the money back. they have not responded within a reasonable time so you have filed (and paid) for it to go to court. any bartering should be done with dg.

i suggest fill out another spreadsheet - detailing exactly what it says on your statements, and send it with a covering letter to dg, asking them to find your more detailed schedule of charges to be attached to your claim, ref no xxxxxxx

hope this helps

[yoshi]

Thanks for all the advice, it's much appreciated.

 

I was nearly upto the 28th day (saturday) when a letter from Nothampton court turned up.

The 1st page is a notice of transfer of proceedings to my local court.The 2nd is a letter siting Northampton county court without hearing. It says "the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise" Ok so what do I next?:-? Any suggestions??

 

Also on the defence & counterclaim form the defence states some of the following; no 3 the defendant denies that the charges applied to the claiments account to penalties at common law and or unfair contract terms for the purposes of the unfair terms in consumer contracts regulations 1999 (UTCCr's). No4 the charges applied to the claiments account are reasonable and are properly and fully disclosed in the defendants 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 unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly cannot amount to a penalty:shock:

Sounds convincing or is this standard form filling from kate evans at DG solicitors?

All a bit scary.......help

[Michael Browne]

See here:

Is your court dispensing with the Allocation Questionnaire?

[givememymoney]

Give this one a go too.. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

[nettyg]

looks like you've got the new 'standard' response from the courts about the aq. read the above threads, there's nothing to worry about - i'm sure you'll be getting a full offer very soon.

[lateralus]

yoshi - as per nettys advice - have you got the charges onto a spreadsheet yet - it really does look better and it's the form they expect them in - so when you've got the s/s done - i'm guessing here that you are asking for the 8% court interest. did you also try to get back any of the overdraft interest (the interest debits listed on your account statements) if you did, get back and tell me so. if you didn't - then when you do the simple spreadsheet and have it ready - send a copy to dg with this note

 

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Dear Sir,

 

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

 

 

Yours sincerely,

 

 

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, 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

 

OR IF YOU'VE BEEN TRANSFERRED TO A LOCAL COURT - SEND IT TO THAT ADDRESS WITH THIS MESSAGE:

 

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,

 

 

 

 

 

so, it's get the schedule of charges done and sent to dg, also two copies to go with your court claim if you haven't already sent them.

 

all that from dg is because your charges aren't in the correct format - so have you conquered the spreadsheet yet - if not - get back and i'll try to help you.

 

also, if it is well and truly beyond you - you just need to type up a list of all the charges you are claiming for: and put them oldest first and in a list like this;

 

DATE...............NAME OF CHARGE...............AMOUNT.............INT

 

XX/XX/XX.........xxxxxxxxxxxxx....................XX.XX...............X.XX

 

a list like that would be ok - I ran out of room but i'd put for the fourth column "Interest as from the date charged"

 

at the top put this INTEREST CALCULATED FROM DATE CHARGED TO XX/XX/XX (DATE OF FILING MCOL).

 

get back if you don't understand.

[yoshi]

Thanks for all the advice, it can all get a bit daunting:eek: .

 

Lats, I have compiled my letters to go to the local court & the copy for DG. My list of charges I'm using is the original I used from MSE but over on the left the column was blank so I added a "bank details of charges column" they are all DR total charges which i have added as well as the date. Hope this ok?

Once I send this off tomorrow via registered post what do you suggest i do? I was looking at sending a letter to DG "No AQ but i would settle for" as taken from this site?

 

Once again many thanks, I was beginning to wish I had accepted the original offer ( I would of, IF they had made it to me prior to me paying my £120 to MCOL! )

[lateralus]

well, , you could always try this one:

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, you have now filed a defence in this case . Please find enclosed a copy of my schedule of charges relating to this claim.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £1385. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Sincerely,

 

 

In this letter, I would just put the total of your charges, plus interest, plus the court filing fee - as the total amount you would accept the whole 1385. It really shouldn't be too long now yoshi before you will hear from them regarding this. they are just trying it on about paying interest - of course they pay interest.

 

however, if you are really serious about taking what was on the table before - i will help you compose a letter to colin langdale to see if they will pay what they were offering before, 842 plus the court filing fee of 120 - that's 962 - they maybe would but you are shortchanging yourself out of

over 400 pounds - can you just stick with it a little longer? i know it is really getting to you - but can you think of it this way - this time last year = you didn't even know you could get anything back from the bank - now - you are so close to getting 1385 of your own money - wouldn't that be a really nice thing. just see if you can't hang on a bit longer. we will keep supporting you here - and if you can think of it this way - in another month or 6 weeks - you'll be looking back on this and be really proud of yourself for sticking with it and getting it all back. it may not be that long - you really are close - if in another couple of weeks you want to take a little less - we can write to them again.

[yoshi]

Thanks for that once again Lats:) it is nice to get some steadying advice just when your bottle starts to go! I would imagine this is the tactic the banks use just to test your resolve.

I have today sent 2 recorded letters to DG 1 with 2 copies of my spread sheet & also a letter as suggested re no AQ but requesting settlement (again with a copy of my claims).

Time to wait now and see what happens......fingers crossed

 

Thanks once again, will keep you posted on any further updates.

 

Yoshi;)

[lateralus]

that really is the best part of this forum - helping each other out - you go for it - you'll get it all and in a little while - you'll be looking back at this and thinking how glad you were you didn't give in.

[yoshi]

Well its been nearly 2 weeks and today I've recieved the following from my local county court; "Standard order for stay for settlement"

Basically its says, that the district judge orders that my claim is stayed until 03 may 2007 to enable parties to attempt settlement.

Then it says that; on or before 17 may 2007 one of the following steps must be taken.

1/to notify that the whole claim has been settled or

2/the claiment or defendant write to the court requesting an extension of the stay period,explaining the steps being taken towards settlement and identifying any mediator, expert, or person helping with the process. The letter should confirm the agreement of all the other parties.

3/all the parties must file a AQ at the court. where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached tto the completed AQ. The list must be agreed with the other parties and must indicate that it has been agreed.

There are a few conditions etc 1 thing being that the period of stay will generally be no more than a month.

 

Ok so what do you suggest I do now, im stumped:(. Does this mean I'm a step closer to getting a settlement or Is it still months n months away. Your thoughts and advice on my next actions would be much appreciated.

 

Many Thanks

 

Yoshi

[nettyg]

personally, i think you're close to a settlement on this, however a little nudging letter or a phonecall to dg, stating what you've received in the post... and wouldn't it be better, cost wise for all involved if they come up with a settlement now, rather than have to file the aq. hang in there yoshi.... soon

[Castlebest]

I would write back to the court saying you are having great difficulty contacting DG Solicitors at all and hold out little hope of any settlement being reached with someone who wont talk to you then point out that unless DG make some effort to progress the situation you see little alternative but to ask them to attend court and answer the charges raised or strike out the defence, and send a copy to DG too.

Seems the District Judge has given you a golden opportunity to put a fire cracker up DG's ass.

Note to any DG employees reading. take your phones off voicemail, turn your fax machine back on and talk to us, all we want is OUR money back and you know you have no choice but to give it us back.

pete

[lateralus]

yoshi - did they send an allocation questionaire with the letter - because my reading, i take it yours (and theirs) will be due on 17 may. that's fine - just clarifying. it takes about half an hour to do it - so no problem with that

and yes, i'd def. write to dg with a great big nudge and to the court as pete says above as well.

[yoshi]

yoshi - did they send an allocation questionaire with the letter - because my reading, i take it yours (and theirs) will be due on 17 may. that's fine - just clarifying. it takes about half an hour to do it - so no problem with that

and yes, i'd def. write to dg with a great big nudge and to the court as pete says above as well.

 

 

Thanks once again for all your reply's.

 

Lats, No I did'nt recieve a AQ with my letter from the court. Reading through the letter again there are 3 options 1/ settle, 2/extension of no more than one month or no3, file a AQ .

 

Could some one suggest some text to send to the court and DG (some thing along the lines of petes words) as I'm shocking at drafting important letters. I'll then crack on and get something sent reg 1st class to the courts and DG.

 

Thanks

 

Yoshi;)

[lateralus]

pete? go for it.

[Castlebest]

Gawd I wish I had found this earlier, ok off the cuff how about this and read the note at the bottom

Your court address etc

Date xx/xx/xx

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

I have attempted to contact the defendant’s representatives, DG Solicitors on numerous occasions by telephone facsimile and email unfortunately they appear to have their telephones permanently on voicemail and don’t responded to the messages I have left, the facsimile machine rings out and doesn’t accept incoming messages and I have had no response to my email.

Under these circumstances I hold out little hope of any settlement being reached with someone who won’t talk to me as instructed by you.

Unless DG Solicitors make some effort to progress the situation I see little alternative but to ask them to attend court and answer the charges raised, at least this should galvanise them into making me an offer for the unlawful charges HSBC bank have penalised me with. The only other alternative I can see is for the court to strike out the defence.

 

Sincerely,

 

 

Notes-

Of course you need to have tried to phone DG and fax and email them, never EVER lie to a court it will jump up and bite you I promise. The District Judge has asked you to try to settle your claim so try, you need an offer from DG if you cant get one let the Court bite them.

 

pete

[yoshi]

Gawd I wish I had found this earlier, ok off the cuff how about this and read the note at the bottom

 

 

Your court address etc

 

Date xx/xx/xx

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

I have attempted to contact the defendant’s representatives, DG Solicitors on numerous occasions by telephone facsimile and email unfortunately they appear to have their telephones permanently on voicemail and don’t responded to the messages I have left, the facsimile machine rings out and doesn’t accept incoming messages and I have had no response to my email.

 

Under these circumstances I hold out little hope of any settlement being reached with someone who won’t talk to me as instructed by you.

 

Unless DG Solicitors make some effort to progress the situation I see little alternative but to ask them to attend court and answer the charges raised, at least this should galvanise them into making me an offer for the unlawful charges HSBC bank have penalised me with. The only other alternative I can see is for the court to strike out the defence.

 

Sincerely,

 

 

Notes-

Of course you need to have tried to phone DG and fax and email them, never EVER lie to a court it will jump up and bite you I promise. The District Judge has asked you to try to settle your claim so try, you need an offer from DG if you cant get one let the Court bite them.

 

pete

 

Thanks for that pete, one problem, being honest I've NEVER tryed to contact DG as reading some other threads it was highly recommended NOT to hassle DG, bar my 2 letters to them (1 is a copy of my spreadsheet and the 2nd is the letter drafted by Lats on this thread asking for them to settle) ive not been hassling them.

Its just that I have been reading that they never ever answer there phones etc,so bar a letter what are you meant to do:-x

Will have a go tomorrow, has anyone got any numbers where they might possibly answer the phone or a direct email address?

 

Thanks, it feels like with the courts help, perhaps the end is near.

 

Yoshi

[nettyg]

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2109 (Paul)

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2109 (Paul) [email protected]

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

Julie [email protected]

 

 

good luck yoshi