Jls V Hsbc

[JLS3852]

Hi all,

 

I am a bit worried so looking for some advice please?

 

When I first heard about the charges reclaims I was directed to another site which I had been using and have now found that they were nowhere near as useful as this site! I had sent the request for charges breakdowns, the prelim letter and LBA and have gotten to the point where I needed to file a claim with MCOL. However, that site offered no help in completing the forms.

So, my form does not detail anything really. It is definitely not completed as advised on here. I have received an Acknowledgement from DG solicitors saying they intend to defend the claim (this was on 14-03-07).

Well after doing some more reading this morning I am now panicking as I do not know if this is the AQ and I should have submitted some further information to the bank and the solicitors before now?

Getting panicky as the 28 days is up on 14-04-07 and all they have for information is my claim with no breakdown of charges etc. Surely this means my claim will end up getting thrown out?

Does the AQ come after a defence is received from the solicitors? Or is this what I received advising they would defend the claim?

I am very confused! I have my breakdowns and all the letters with me so I could send off to the courts today - is it too late now? I have heard nothing from the court or solicitors since the acknowledgement.

Looks like this was £120 badly spent as I did not research enough!

 

Any help and advice greatfully received.

 

Thank you.

 

JLS :?

[Castlebest]

You don’t have a problem.

Once you have submitted your claim to the court (MCOL) the court send you a notice of issue and a few days later when the solicitors have acknowledged your claim an acknowledgement of claim. This gives them 28 days from the date your claim was deemed served (this date is noted on your notice of issue) to submit their defence.

We advise you send a copy of your schedule of charges to the court and to DG because we don’t believe HSBC Leeds send them anything so they only work from anything the court and we send them and obviously to do anything, most importantly make you an offer they need to know what you are claiming.

pete

[nettyg]

hi

the aq is usually sent to you further down the line after hsbc enters their defence. as castlebest says this is usually within 28 days of the claim being issued. you won't have received the aq yet so don't worry

[JLS3852]

Thank you both very much for your help. I feel reassured now.

 

Have got another 4 banks to do for me and OH so hopefully it will become easier with practice. Wish I had found this site first!

[JLS3852]

Hi again,

 

Can anyone provide a link for sending the charges breakdown to the courts and solicitors with a covering letter perhaps? I have seen one recently but now can't find it.

 

Thought I would send some information off now for good measure since I sent nothing with the claim form.

 

Thanks,

 

JLS

[Castlebest]

And this makes it dead easy thanks to Lateralus;

 

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:

 

 

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

DG's details will be on page 2 of the acknowl.

 

 

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,

[JLS3852]

Thanks very much for that info.

[JLS3852]

Hi All,

 

I have received the defence from DG Solicitors and also the request to complete the AQ so am heavily researching the sites resources to ensure I get this part right.

I was just thinking though, the letter from the court attaches a notice of transfer of proceedings - it states that "the claim has been transferred to the court covering the area where the claimant lives or carries on business". But, the next paragraph "Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Ipswich County Court" has actually been crossed out.

So I presume this means the AQ needs to be sent to Northampton and if that is the case, within the point about transferring to a local court, do you think it is worth stating that I am pregnant and therefore do not want to travel, or just stick to the normal lingo?

 

Many thanks for any replies.

JLS

[Castlebest]

Have you actually received an AQ document to fill in? Or does it say on your notice of transfer somewhere the AQ in this case has been dispensed with unless the local District Judge deems it necessary?

Here’s a thread for you to read, don’t worry too much about my early posts to it, this has all been clarified now.

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

Check what you have received but I suspect your AQ has been dispensed with, saves you filling it in and spending £100 filing it, just wait for the Judges directions from your local court and maybe try a nudging letter to DG Solicitors.

If not let us know and we will point you in the right direction for the AQ filling in details.

Pete

[JLS3852]

Hi Castlebest,

 

Sorry for the delayed reply - my internet has been down for the last few days!

I have received the following documents all stapled together:-

 

Notice of Transfer of Proceedings which states:-

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives or carries on business.

(The next line has been crossed out but did state:-) Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Ipswich County Court.

All further communication should be addressed to:-

My local court address.

 

 

N24 General form of judgement or order:-

 

Without hearing, it is ordered that:-

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

Note: Any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

 

A copy of the defence submitted by DG Solicitors which states:-

 

1. The claimants account is governed by the Defendants personal and or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999.

4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms adn conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

So, I read that as meaning I now need to complete an AQ - What do you think?

 

Thanks,

 

JLS

[Castlebest]

Hiya JLS, this is the norm now, nothing for you to do except wait for your local court to contact you and tell you exactly what they want.

The courts seem to be adopting 2 or 3 different approaches in an effort to maintain pressure on DG to make offers and minimise their own work load.

This thread will help you, dont be alarmed by my early posts to it

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

pete

[JLS3852]

Thanks Pete.

I have read all the information now and feel reassured. I have also sent your example chaser letter to DG. Here's hoping for a settlement eh?!

 

And then it is on to pester Lloyds, Cahoot and NatWest!!

[Castlebest]

Thats the sprit JLS, theres money in them banks and its yours

 

pete

[JLS3852]

AQ now received - it has to be completed by 14-05-07. I have read that some people leave it until the last minute before sending, but is it not advisable to send it ASAP in order that I am complying with the Courts orders?

I have completed it already, attached the draft order etc. No fee to pay as charges are under £1500. I have also photo copied everything 5 times - original to send to Court, copy to DG solicitors and the rest for me in case anybody queries anything or claims non receipt!

So here goes.....

[JLS3852]

Yippee.... Letter from DG solicitors received on 11-05-07 with the standard "we are confident we would win in court but are mindful of litigation costs etc".

 

I have settled at £1000! It has been paid into my account today. However, have since found another £400 for this year which I didn't claim at the time so will be writing to HSBC again.