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Notice of Transfer of Proceedings


matt220781
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My girlfriend is currently trying to claim her charges back from HSBC and we are at the stage that HSBC have filed a defence.

 

We have received the Notice of Transfer of Proceedings and with this is another sheet of paper saying that

 

1. The filing of an allocation qustionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Is this normal? What should we do now? Do we need to send anything to the court.

 

Yesterday we sent an updated charges spreadsheet to DG Solicitors. Do we need to send this to the court as well?

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My girlfriend is currently trying to claim her charges back from HSBC and we are at the stage that HSBC have filed a defence.

 

We have received the Notice of Transfer of Proceedings and with this is another sheet of paper saying that

 

1. The filing of an allocation qustionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Is this normal? What should we do now? Do we need to send anything to the court.

 

Yesterday we sent an updated charges spreadsheet to DG Solicitors. Do we need to send this to the court as well?

 

 

 

Hi ok we are seeing this more and more regarding the AQ.

I'm not 100% certain but I think this is because the system is overloaded with claims. This is a way of shortening the process. As the judges know that the banks are settling before the get to court.

 

Send copy the spreadsheet to the court with your claim number on.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 2 weeks later...

Well we never actually did get around to sending the suggested letter to DG Sols.

 

But this morning we have received a letter from them offering us the full amount of nearly £2,000.00. Our very first letter to them asked for less than £1500.00 but since they've been messing us around our last letter and the court claim included interest and the court fee of £120.00.

 

Their letter included the line "HSBC is confident that it was entitled to apply these charges and that it would successfully resist your claim in the courts." :)

 

We have to sign a copy of the letter and return it to DG. By signing it we agree to not make any other claims relating to charges for the period (not a problem) and also agree to keep the fact of the claim and HSBC's ex gratia payment strictly confidential. Is this a problem? I know ive just announced it on a public forum.

 

Also does anyone know how long it takes from when we return the letter to when we receive a cheque? She closed her HSBC account over a year ago so it wont be paid directly to that.

 

Do we need to write to the court now or wait until payment is received in full?

 

Thanks guys.

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It will probably take a couple of weeks to actually get the money in your hands and I would hold off writing to the court until you have it. The confidentiality bit is just them being cheeky almost everyone crosses that out. I actually sent my own acceptance letter as I wanted to leave things open for a claim before the dates I had made my original claim I will post a copy below if you are interested in using it. Great news by the way well done :D

 

xxxxxxxx –v- HSBC Bank plc

xxxxxxx County Court

Claim No: xxxxxxxxxx

Your Ref: xxxxxxxxxxxx

I acknowledge receipt of your letter dated xx/xx/xxxx and your settlement offer of £xxxxxx

 

I accept your offer as full and final settlement only for this claim of bank charges made on my accounts xxxxxxxx and xxxxxxxxx in the period xx/xx/xxxx to xx/xx/xxxx. I agree not to make any other claims relating to these charges.

 

I accept this offer without prejudice and reserve the right to make any further claims should they be brought to my attention and 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 this claim within 7 days. The settlement monies should be deposited in my account xxxxxxx. Failure to adhere to these conditions will result in me continuing my claim with the county court. I will also inform the judge regarding your actions and that consideration of your request for a one month stay as indicated in your allocation questionnaire should be ignored as an attempt to stall the court process. I will also request that the judge adopt my draft order of directions issued with my allocation questionnaire in order to bring a swift conclusion to this matter.

 

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 me.

 

I trust that you will find these arrangements acceptable.

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Well done Matt !!... none of us can understand why HSBC let these claims run into the County Court. From the threads I've seen I know a lot of people would be happy to accept a decent percentage of their claim without statutory interest if it meant not having to proceed to the Court phase but they only offer that to a small proportion of the people claiming.

pete

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congratulations pete and o/h,

well done! - glad you got there - spend wisely!

especially since yours was the first we saw with the aq being dispensed - it's very good to know that they got to yours without too much hassle - maybe the dispensing did work to get you an offer more quickly - we'll never know - just glad you are getting what's due to you.

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Nice one. Nice little result you got there

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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  • 3 weeks later...

My girlfriend got the cheque in the post yesterday. Although they did send it to her old address after trying to credit it to the account she closed over a year ago. All of this was explained to them in our letters but they conveniently chose to ignor this!

 

Luckily for us her sister now lives at her old address so we were able to get the cheque and pay it in yesterday.

 

I can't help feeling though that this was further delaying tactics by HSBC, along the lines of "well we sent a cheque on xx/xx/xx.... oh it seems we used the wrong address, we'll get a replacement sent within the next 14 days"

 

I may be wrong though :)

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