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Stealther v HSBC


stealther
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Hello all

 

I've been reading this forum for a while and have decided to post to tell everyone what my situation is and ask for some help!

 

Its day 27 of 28 after HSBC acknowledged my claim and I'm getting scared. I followed the correct procedure so far, SAR request, sent initial letter, 14 days later sent LBA and then filed through Moneyclaim. Now i'm just waiting for them to file a defence.

 

I've been following the thread about not having to do an AQ with interest as I know that it is incredibly likely that HSBC will file a defence and then I'll have to go to court.

 

I'm confused about what i'll need if I do go to court (I know i'm getting ahead of myself but I like to be prepared). Also I have had no communication from HSBC at all since they sent my statements and this concerns me as well.

 

Any advice would be wonderful!

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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Hiya stelth, Firstly you will not be going to court, my posts in the no AQ thread identified an apparent loop hole in the system which may or may not exist. We are waiting to see if the district judges issue any directions from the local courts that would eliminate this.

DG will not want people going to court and having their defences struck out because they loose control of what the bank is paying out, once the defence is struck out your claim becomes an enforceable debt right or wrong.

However DG react to this new procedure we believe the district judges are only trying to streamline and speed up the process i.e. get you an offer you can accept without all the messing about that has been going on and they will give everyone, including DG, plenty of time to sort themselves out.

pete

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Thanks Pete. I was just concerned as its all new to me. You've helped put my mind at rest. So if they put in a defence, what happens next if you don't have to fill out an AQ? Do you just get sent a court date?

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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We think the judge will just allocate a court date but we need to see a few first to see if there are any other conditions or instructions from the judge. In the mean time send off a copy of Latties letter to DG to give them a bit of a wake up call and see if you can get an offer.

pete

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when can you request judgement? It's day 28 now and I don't know whether i can request it today or have to wait until day 29?

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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I've started judgement - if HSBC do file a defence I have a question.

 

Following advice on this forum, I included the interest etc in the particulars of claim, but was told to put only the charges without interest amount in the 'amount claimed'. This has now meant that when I started judgement, the interest wasn't included in my total amount so it seems that it isn't included in my claim. If HSBC do defend, can I still claim for this interest? Also, I have two other banks in the court process atm, can i change the amounts on these? Please help, I'm so angry and confused!

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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well - HSBC have entered a defence - not at all unexpected! But i do need some advice re. the question above!

 

The statement of charges and particulars of claim show the interest being claimed. However, in the amount claimed, I have only put the charges not charges + interest. I need to know whether

a) I can get the amount changed?

b) if so how much it will cost?

and c) If I can't get it changed, will it adversely affect my claim in any way?

 

Please let me know!! I'm seriously stressed about this.

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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Hi stealther, seems I'm on same time line as you... I too requested judgment on mcol and dg finally put a defence in within the 24hours they're allowed. so am waiting to see what I'll get in post... haven't even been told which court yet or received an aq.(if we get one)or for that matter any communication from hsbc or dg......

with regard to your interest, do you mean the interest charged on your statements? if so I believe it may be to late to add this in.. if you mean the 8% on claim stage mcol, I would think yes you could add this in now?? however this is still all new to me, I'm guessing this is right. I'm getting very anxious myself..:confused:

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Got a letter from the court today - just saying judgment was refused. We'll have to see what happens janeykate as it seems we are in much the same position! Keep me updated on whats happening with yours and I'll do the same! :)

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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:D Hi, stealther, yep got my letter today saying judgement refused,, will let you know when aq etc has got here,,, don't you just love their delaying tatics, especially when we know we'll get our money back sooner or later!!! as soon as we get aq or court date, suggest we send the nudging letter to dg? keep smiling
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  • 1 month later...

just thought i'd give an update and ask a few questions! I've had my notice of transfer of proceedings to nottingham, and an aq isn't needed. I sent a nudge letter to dg, no reply, then i got a letter from dg asking for a breakdown of charges (which i'd supplied to hsbc twice and one to dg in the nudge letter) so i sent dg the breakdown again including a second nudge letter. I've not heard anything about a court date yet though - how long does it usually take to get this through? Also i'm moving in a couple of weeks and wondered if i could transfer the case to my new local court down south? Any help gratefully received!

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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it took my local court a couple of weeks to contact. they are requesting an allocation fee even though there is no AQ needed. each local court differs on this. may be worth calling your local court to find out whats happening.

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doubt i'll have to pay an AQ fee as the claim is only for £500, I think I'll give Notts CC a call though about a date - thanks for the post! Any ideas about the address change?

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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only if i had to attend court as it would involve a 3 hour train journey there! Just hope dg settle before then

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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oops! sorry! thats what i was wondering too - whether it would mean that the whole thing would take longer if i had to transfer it....

Barclaycard - Moneyclaim - acknowledged

Egg - SETTLED

First Direct - SETTLED :)

Halifax - SETTLED

HSBC - Moneyclaim - defence

Littlewoods - Moneyclaim - acknowledged

MNBA - SETTLED

RBS - SETTLED

Time Retail Finance - Moneyclaim - acknowledged

 

The missus

Abbey - LBA sent

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