mymate vs HSBC

[shellbells1982]

I'm hoping if anyone could lend a lil' help to me & my mate so far I've been able to help him with his claim up until now.

He'd done all the stages and filed his court claim online paid his fee and whatever but the 30 days are up and he's heard nowt from the court or HSBC any thoughts, suggestions or ideas?

Thanx!

[livelylad]

I'm hoping if anyone could lend a lil' help to me & my mate so far I've been able to help him with his claim up until now.

 

He'd done all the stages and filed his court claim online paid his fee and whatever but the 30 days are up and he's heard nowt from the court or HSBC any thoughts, suggestions or ideas?

 

Thanx!

 

Ok the time line for MCOL

 

from date of issue of the claim its 5 days for the claim to be deemed served. Then 14 days for them to acknowledge the claim if they do acknowledge then they get a further 14 days to enter a defence, total 33 days.

 

Should they not acknowledge the claim then you can ask for judgement, Should they acknowledge but not enter a defence then you can again request judgement.

 

When you log onto MCOL what does is say in the staus of the claim? Also did you not get a notice of issue of the claim?

[shellbells1982]

He had got the papers of acknowledgement as you do from the court a few days after the claim was submitted online.

On the website all it has on the website is the date the claim was issued 01/03/07 and in the judgement section 'start' where you can then go on to selcet a type of judgement.

[lateralus]

try pressing the button - but it probably will have changed to defended by now - but try any way.

if it is defended you proceed to the next stage - but first, have you done this after filing the claim:

 

After You Have Issued Your Claim

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. Their name and address will be on page 2. yes, dg's adddress is on page 2.

 

 

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,

if you haven't already done this - do it now.

 

then, the info we've been giving about the aq is being superceded by this:

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

so take a look.

[shellbells1982]

It's now saying on the website where it says judgement I'm able to click on continue having done that it then says 'at this moment you are allowed to request a judgement by default'

This is the first time I've comethis as with all my claims that I've done I never got to this stage.

Whats the best course of action:?:

[lateralus]

press the button

[shellbells1982]

Okey doke I thought so, just gotta check:| having doing so it says that HSBC are the claimant and my mate as the defendant.

In the payment frequency where it says how would you like to be paid it states 3 options wihch would be best immediately or a deadline date? And would I need to add on more interest?

Thanx for your help!

[lateralus]

wouldn't it be the other way around - friend is claimant - hsbc is defendent? and i think you ask for immediately

but, in any case, here is a head's up - don't get excited - even after you press for judgment - the courts regularly give the bank an extra 7 days to file their defence - it's not fair - we 've said it over and over -we meet the deadlines - they don't and the courts give them more time - but press anyway - about 1 in 200 by my reckoning get to press and a couple of them have actually had dg just hold up their hands and pay.

if you asked for daily interest in your particulars then i would say yes to the extra interest.

[shellbells1982]

Thats exactly what I thought it should be the other way round but thats how they have it for some reason or the other and it can't be amended either.

Submit it all the same:idea:

[nettyg]

it would be sweet if one could be paid out judgement by default - it's not happened for such a time now.

good luck and fingers crossed for you