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richardhsmith vs HSBC


richardhsmith
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Hi there,

 

Just getting to the stage with our HSBC claim where they have said they'll enter a Defence (i.e. removing options from MCOL to take any action). The 28 day limit to enter a defence expires later this week and I'm wondering what action to take.

 

Either I'm having a Monday moment or the guide doesn't get specific on this.

 

Advice appreciated!

 

Thanks.

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no action needed unless they exceed the 28 days from date of service for defending claim.

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up until last friday - we would have said - at the end of the 28 days - they will most likely file a defence and you will then receive a transfer to local court, a copy of their defence and an allocation questionaire to fill out. all that stays except the aq - which you may not now get: New---after 28 Days - Maybe No Aq!!!!!!! take a read of this thread.

 

i would say - have you sent dg a copy of your schedule of charges - they won't make an offer until you do - so you might as well get them to dg.

 

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.

 

 

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,

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