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New---after 28 Days - Maybe No Aq!!!!!!!


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That was my thought as well. Human error has typed in the wrong date. Give the court a bell tomorrow. In my case the court date is 19/06/07 and I have to get documents to all parties 3 weeks before then. It has been said that the bank might settle sooner once they realise you are prepared to go to court. That would be nice!!!!

 

As regards paying, if you qualified for remission or exemption when filing MCOL or N1 this also applies for the AQ stage. You just have to prove it again. Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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Thanks for your prompt replies.

 

I guess I'll have to get on with it just in case, but if the date is wrong I won't have to pay for the copying yet.

 

Lateralus, my Notice of Allocation to the Small Claims Track (Hearing) says:

 

"Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 18 May 2007."

 

I have read all your threads so I think I am correct that this refers to the court bundle. Given how early it has been requested I am unsure which of your suggested strategies to follow.

 

Thanks so much for your help. Your thread is so comprehensive and obviously took a lot of effort. It has been invaluable and very reassuring in the past week.

 

Regards,

 

John.

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Those are the standard small claims track directions. You need to comply by submitting your court bundle by the specified date, both to the court and to DG.

 

The first link provided by Lattie in #425 will tell you what you need to include.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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lots of peeps have contributed - that's the beauty of a self-help site - everybody adds a little something and hopefully we get a pretty full pic.

so, yes, check the date thing - and you'll need to do as it says - send the stuff to the courts and to dg.

my best advice is get a letter written today - a big nudge - saying - hey, let's get this over with - for the solicitor - and post it today (if your asda does that - ours does!) registered mail - or fax it today if poss and say hard copy to follow. you need a big nudge saying - but not in these words - come on - you know you don't want to supply all that paperwork so make me an offer very quickly.

then on the court front i'm sure in post one - near the bottom is the list of things for the court bundle - there are 4 things - but it is a lot of copying - and one of those links above tells it maybe better - what to provide for which type of hearing. good luck - but get a big nudge in the post today if you can.

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I just found this statement on a well know Money site (serves me right for looking , I suppose):

 

One thing I would point out is that attempting to win your case on the basis that "the charges don't represent the true cost to the bank" will fail. Nothing in business represents the true cost, there's always a profit mark-up which is passed onto the consumer.

 

It's got me worried. I though that was the basis of the case against the banks.

Can someone elaborate please?

Regards,

John.

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Don't go reading other sites. I started on another site and got a few things wrong to start with. I then found this one and have had no trouble since.

Stick to the advice given and you won't go wrong.:)

Who wrote that by the way? Maybe a mole:eek:

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Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

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Make a donation

 

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Nothing in business represents the true cost, there's always a profit mark-up which is passed onto the consumer.

 

What a business !!

 

You make up the rules, and earn £11 Billion a year !!!

 

HSBC banks record £11bn profit | This is Money

 

There is a law which says you cant rip people off, and thats what is important.

 

Avoid other sites Jonhsworld, this one has absolutely everything you will need.

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i'm not sure if a little jealousy has crept into martyn's site or what - i understand their site is now not promoting this one as it once was.

 

i guess it's because we keep having to clean up the mess left when people follow their plan - it has happened time and again-

that site says send statements - we see hsbc rejecting claims sent this way.

that site says put date and amount of charge on your list - we see hsbc and the court rejecting this as not enough information.

that site says ask for your 8% interest from the first letter - we see hsbc rejecting this out of hand.

 

i may be a little prejudiced but i think the totals at the beginning of the site say it all - if you stick to these steps and do it correctly - you will get your money back.

 

but don't worry if you started with mse - lots have and we help them get it right - but it is oh, so much easier to get it right from the beginning.

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I have been with CAG from the off and followed all the steps, if a little slowly and with some trepidation.

 

However all the encouragement I have received, and it has been going on since last September, has got to a court date for which I am furiously and at very short notice having to get a bundle together.

 

I have looked occasionally at Martin's site as you say but it never gave me the confidence that CAG did.

 

The only reason I mentioned this particular posting was that it would if true have blown my case and I needed to know.

 

Thanks for all your feedback.

 

Regards,

John.

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how can it be - we've all been saying it since day 1 and we've all had our money back.

 

by the by - did you follow my other bit of advice - a very quick strong nudging fax/email followed by a letter to dg? it's time critical - you hit them hard enough - they may- very well may make an offer before the papers are due.

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OK it was a dumb question!

 

I did write something but it seemed a bit wimpy and I reckoned they might think I'm losing my nerve.

 

Dear Sir/Madam

I have received notification from the court that, in my case referenced above, Allocation Questionnaires are disposed with.

Being mindful of the vast number of claims with which you are currently dealing, I am sure you are anxious to avoid the inevitable time and costs associated with pursuing this action to a final hearing.

In order to speedily resolve this matter, I am willing to accept the sum of £1400.00.

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 further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

What do you think?

Regards,

John.

 

 

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sorry, i'm not a night owl - i don't get what did you do wrong - (accept less than the full amount? - if you haven't sent it - put the full amount and also, you should have put without prejudice if it was less or they might say - well, you said you'd take that).

anyway - i did mean a bit stronger and referring to the court date this week. so has it gone - i'd word it a bit more like:

 

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date(mcol).

 

It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case.

 

You will already be aware of the paperwork due at the court by 18 May 2007. I am fully prepared to comply with those directions but thought it prudent to give you a final opportunity to resolve this matter between us without further court intervention. 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 further intervention.

 

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 £xxxx. (rounded down to nearest pound-keep this as your full amount including charges, interest and court filing fee). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

 

 

 

what the heck - email it - fax it and send it today - hopefully that 18 may will jump out at them and you may hear from them - if not - nothing lost - your court bundle will need to be posted off by thursday - let me know how you are getting along. actually i put the dg addy on there and you aren't with hsbc - are you - sorry no time to look it up - just alter it if you aren't. that's what i meant by a big reminder of that date -

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i'm not sure if a little jealousy has crept into martyn's site or what - i understand their site is now not promoting this one as it once was.

 

i guess it's because we keep having to clean up the mess left when people follow their plan - it has happened time and again-

that site says send statements - we see hsbc rejecting claims sent this way.

that site says put date and amount of charge on your list - we see hsbc and the court rejecting this as not enough information.

that site says ask for your 8% interest from the first letter - we see hsbc rejecting this out of hand.

 

i may be a little prejudiced but i think the totals at the beginning of the site say it all - if you stick to these steps and do it correctly - you will get your money back.

 

but don't worry if you started with mse - lots have and we help them get it right - but it is oh, so much easier to get it right from the beginning.

 

I started claiming through MSE, but luckily picked up on the points you make above and got it mainly right from the beginning (though I'm not saying I didn't make mistakes, like adding some service charges to my claim:rolleyes:).

 

I'm always directing people from MSE to this site and posting links to you guys ... think you all do a great job and you've helped me tremendously. This site is much more legally orientated, though I'd never have found it without MSE, which I will continue to use and help people where I can with my very limited knowledge.icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I intend to send the first "nudge" letter, but am a bit confused as to what amount to ask for.

 

I've had notification that proceedings have been transferred (no date for hearing as yet) and that the AQ is dispensed with, but the local judge may still ask for one.

 

There's an allocation fee payable, which I'm sending today. Should the amount I'm asking for in the first letter therefore also be requesting a refund of the £100 fee, as well as the charges, interest and court filing fee? This fee doesn't seem to be mentioned in the first letter, only the second one.

 

Thanks for any help,

 

Mimi

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Yes, list all the above, you have had to pay it and you are entitled to it back! No mercy!:)

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

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Yes, list all the above, you have had to pay it and you are entitled to it back! No mercy!:)

 

Many thanksicon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I've just spoken to court and they say my case is being forwarded to the Guildford County Court and they have been told to send all bank charges cases there. And I will no be getting an AQ. I wanted to use GaryH's draft directions but looks like I can't do that now. Don't suppose anyone has had a bank's defence struck out at Guildford....!!!?

Aoife

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I've just spoken to court and they say my case is being forwarded to the Guildford County Court and they have been told to send all bank charges cases there. And I will no be getting an AQ. I wanted to use GaryH's draft directions but looks like I can't do that now. Don't suppose anyone has had a bank's defence struck out at Guildford....!!!?

Aoife

 

Why can't you use the draft directions? Think you still can ... see this link :-

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi MimiJane, I have actually just read a thread that says you can send them in anyway. So yes there is no reason and I shall do that in the next few days. Cheers Aoife

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Hi all,

 

Don't you get up early?

 

Thanks for your advice. I rang the court office this a.m. and they agreed that the date seemed a bit premature for submission of bundle.

 

Unfortunately they couldn't find my case file. Rang again this evening and still no sign of my file. Have to ring again tomorrow "in case someone is working on it."

 

The lady I spoke to in the afternoon was very helpful. I explained that I had only had thirteen days to prepare and deliver it but she said I could ask for an extension if necessary. I'll probably make it if I burn the midnight but I'm hoping they've got the date wrong.

 

Thanks also for the nudge letter, Lateralus. I love the way you've phrased it! It's great. I had asked for the full amount including 8%, rounded down as you suggest. I figure they can keep the 10p.

 

I've given it some thought but do have one question about this strategy. I wonder if it is a good idea to remind Barclays that they need to get their stuff in by Friday? Isn't it better that they don't and I do?

 

Regards to all of you,

John.

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hiya John, some of us are vampires too

With all of the banks solicitors you have to back them into a corner to get them to make you an offer, your not actually reminding them to get their stuff in, your telling them it would be easier to pay you.

Actually the last thing either of you want is their defence to be struck out, means you have to employ a bailiff to recover your debt. They have their name all over the press again with lovely pictures of big hairy guys stripping out your local branch. Fun and an incredible boost to all of us but not really a way to get your money back in the 21st century.

pete

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Alright folks,

 

Received a Notice of Allocation to the Small Claims Track (Hearing). The Deputy District Judge has considered the statements of case and AQs filed (which I didn't have to fill in) and allocated the claim to the small claims track to take place on 6th July.

 

Starting to get a bit worried now that I am going to have to go to court. Do you think they'll settle before then?

 

I'm just a bot worried now cos I'm in N. Ireland so had to give a mate's address in Manchester for MCOL. If they don't settle I'm gonna have to go ovet to court in Manchester. :(

 

Should I start preparing a Court Bundle now just in case?

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

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Wouldnt hurt to do a bit of research on Court Bundle so you know what to expect, but i am very confident you will receive an offer before your court date. I just spoke to DG solicitors (for HSBC) and was told "we can see you have a court date, and will be sending you a full offer 'without prejudice' as soon as we get round to your case".

 

I know it takes a long time, but just wait it out. It is highly unlikely you will have to attend court.

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Hi guys, the one-armed bandit returns - recovering well from op.

 

My AQ has to be filed tomorrow - nothing from Abbey (no surprise there!). I prepared most of the written bits before I had my op but just need to make sure I am taking in what I need to.

 

As this is my first AQ I am assuming that I don't send in all the added bits about the 'Lincoln Abuse Order' & 'list of settled cases' - I noted from an earlier post that this was only recommended if there was a 'stay'.

 

I have done a Draft Order and will attach that with a summary of charges - right?

 

Do I need to take three copies of each to the court or do I just send a copy of my AQ to Abbey along with a summary of charges?

 

Anything else I need to do?

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