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

[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.

[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.

[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.

[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.

[lateralus]

pete? go for it.

[lateralus]

we are bombarding them, nets - only with paper instead of phone calls - and this has the added advantage of making some poor soul dig out the file and dust it off to file away each letter. keeps someone off the streets.

[lateralus]

well, bombard was an exageration (i seem to have lost all ability to spell), a nudge every 10 days is my current advice to all and sundry - i don't think i could really be accused of bombarding them.

[lateralus]

i've missed you crush, where the 'ell you been?

[lateralus]

what was that last thing we were all guessing - and did you ever even tell us the answer - i'm having another senior moment - i can't remember what it was!

[lateralus]

now the guessing begins -

you've joined the army as prince harry's bodyguard!

[lateralus]

i think yes, the aq route,

 

so, here's the aq info as it was earlier:

 

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.

 

you can get the n149 or n150 in the library - the blank form if you need it (the aq).

 

also, i've noticed in garyh signature (he's a moderator) the strick out application at the aq stage - and i think it may be worth a pm to him to ask if this is a good approach for you to take. tell him you are with hsbc as this advice was originally intended for abbey customers - send him a link to your thread and he will tell you what you should do for best.

 

 

 

also, keep sending nudge letters to dg with a breakdown -

[lateralus]

Form N149

 

An online PDF version of the form is HERE

 

 

AND

 

Notes for completing a small claims track allocation questionnaire - Form N150

 

An online PDF version of the form is HERE

 

they are both in the link i gave you above.

if your claim is for under 5k - use the 149 and if it is over use the 150

[lateralus]

the 14 days is after the judge makes it an order - there's nothing to do now but nudge -

 

and help me get this info out to everyone:

 

Lloyds victory in Birmingham - in perspective

Lloyds "Victory" - A View of the Judgement

We need your help folks! Re old T&Cs

[lateralus]

ok, three things to do -

first: read nooey's thread and his court visit today.

Nooey vs HSBC **WON IN COURT**(5 Viewing) [/url] ( 1 2 3)

nooey everyone with a court date should read nooey's tale.

second: look at this:GOT A COURT DATE? A guide to the later stages

and third: by the 6th of july you need to do a bundle for the court and for dg (and you should do a third to keep) and here's my new thread:court bundles for dummies

[lateralus]

this isn't freaky's letter - he stole it from me -

and i stole it from michael browne

and heaven only know where he got it!!!!!! lol

it's been around - bit like pete!

 

 

 

here goes:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

and many, many congratulations yoshi - you worked hard for this. well deserved - enjoy!

[lateralus]

that will be fine

[lateralus]

[lateralus]

watch out you lot - the fun police are here again