Mum-In-Law -V- HSBC

[ICY]

tell me about it lol

 

is this a standard defence?

[MentalMonkey]

Hey Icy!

 

I got the defence for mine through yesterday, and it's identical to yours. Got an offer from HSBC today but only 85% of original claim, not including interest or court fee, so am going to send my rejection letter tomorrow - hope I'm doing the right thing!!

 

Good luck with yours!

[ICY]

glad to see its a standard pro-forma defence will help in the late stages, will sit back and see if they make us an offer, did you get the defence from hsbc or from the court

[MentalMonkey]

From HSBC itself, not from DG... have today written a nudge (my first one) for DG, also detailing that I am rejecting the offer made by HSBC. Hope you get an offer through soon! It seems to be quite random when people receive one, some people without getting as far as this, then others right at the last minute

[ICY]

i havent heard anything from either DG or from HSBC on the acknowledgment of claim it says DG are dealing with it, the only corrspondance i have had is from the court, hopefully close to settling in my abbey claim, which is about 2 week ahead of this claim

[ICY]

Just received AQ from court, is there a preffered email address to try to negotiate a settlement before i submit the AQ

 

Interested to see that in my abbey claim at the same court they have dispensed with the AQ but this claim still wants the AQ

[ICY]

Anyone got an email addy for me please, i get a have seen a few names after searching, could someone tell me me who the best contact is to negotiate settlement please ????

[freakyleaky]

These are the ones for dg. Kate Eaves usually replies eventually.

 

 

Rachel Tomlinson 0121 455 2701 [email protected]

Debbie Daubney 0121 455 2111 [email protected]

Kate Eaves 0121 455 2196 [email protected]

Alan Burden 0121 455 2206 [email protected]

 

Fax; 0121 455 2660

[ICY]

Thanks FL

This is the email ready to go off to them, how often do hsbc like to settle before it goes further than AQ, am i wasting my time, email will not be marked without prejudice as i intend to use it in the bundle if it gets that far

 

Claim number XXXXXXXX

Acc No XXXXXXXX

I am writing this email in an attempt to make a settlement before the case appears before the court, I am making this offer in an effort to reduce the costs to yourself. I am aware of the large amount of claims which you are currently dealing with and to assist your workload, I believe it would help all concerned to settle this matter out of court.

I have received a request to complete the allocation questionaire, i am prepared to settle this matter now before i submit the AQ thereby saving you the additional court fee of £100

 

It is well documented that you have no intention of ever going to full hearing, shown by the fact that you have settled an extremely large number of claims at the last minute before going to court, and it would be beneficial to all parties, including the court system that this matter is dealt with out of court.

I shall be including in the AQ a request to strike out of your proforma defence as an abuse of process.

My claim amount as of the 23rd July, which is the day the AQ is to be submitted stands at £2321.70 including court fees and interest, I am prepared to settle this matter for the sum of £2100 (Two thousand One hundred pounds) I am sure you are well aware this figure is rising on a daily basis, and will increase dramatically with the cost of completing the bundle when the times comes,ie; preperation of the bundle, including photocopying costs, ink costs, and the cost of time to prepare the bundle, further court costs and transport and postage costs. As you can see settling this matter now, would be mutually beneficial.

For any avoidance of doubt refusal to settle will not stop the legal action against you, I shall be following the legal process to the end.

This settlement offer is valid for a period of 7 days, after this period has expired, the matter will be dealt with by the court system.

I am hoping we can come to an amicable agreement on this matter.

I look forward to receiving your prompt response.

[freakyleaky]

I think pd should take a look at this. She has got some good advice on this.

[ICY]

still no reply to email, in fact she hasnt opened it yet (still awaiting a read reciept) tick tock.....come on miss Eaves, the countdown has started, hsbc have just settled in FILs claim before even got to file at court, although he has accepted for around £180 less than his claim, he is more than happy with the £1600 they are paying

[ICY]

still nothing, they need to get a move on, i might resend copying into all 4 email address's

[ICY]

email sent to all 4 of the email address's not a single read receipt received bad enough being ignored once, but to now be ignored by 4 people is taking the you know what

[ICY]

No response from any of the emails sent, AQ gets posted later today, needs to be in by the next monday 23rd July

[MentalMonkey]

That's awful that they haven't replied, perhaps on their email system they have an option whether to send read receipt or not? So they might have read your email, but selected not to send a read receipt. I am still waiting for a court date, have sent one nudge, will send another next week. Is a nightmare waiting game!! Just hope they hurry up and make me an offer!!

[ICY]

Its fine by me if they choose to ignore me, we just realised mil shouldnt even be paying the court fee anyway so AQ went off yesterday along with form claiming exemption from fees, as she is on IS and DLA higher rate, so they can mess about as much as they like it isnt costing us any more, the only extra cost is the extra interest they will have to pay out.

[ICY]

Allocation Questionaire received by court yesterday, what is the usual next step from HSBC ?

[lateralus]

they have to fill it in as well - same due date - so get yours in and then when the deadline has passed - ring the court to see if they have sent theirs in.

 

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

[ICY]

I did send the AQ as per GaryH's strategy, was quite impressive when i had finished, i forgot about them also having to file AQ, do they usually send it in on time, or do they send them late or not at all?

[ICY]

Still heard nothing, AQs to be submitted by the 23rd, so time is fast running out

[ICY]

on the order the AQ has to be filed by tomorrow, will hsbc have the same date to submit there AQ

 

Although the AQ was dated 5th july i didnt receive my copy until the 17th, so i tke it hsbc would have received it on the same day as me. If i try to go for a judgement i am sure they will request stay due to not receiving it until a few days before it has to be in

[lateralus]

not necessarily - i've seen a couple of courts where they don't send dg the aq - only the claimant... so you won't know unless you ring the court if dg was sent one or not.

[ICY]

OH so where do i stand if they havent? is it off to allocation hearing, although i did request srike out of their defnce, would be nice if the did

[lateralus]

you could nudge again - when is the hearing?

[ICY]

havent heard anything yet. This is what i sent with AQ thanks to GaryH

 

Section G – Other Information

 

The Claimant respectfully requests that an order may be made as follows;

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

Since May 2006, I am aware of over 300 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 10 cases similar to my own involving various high street banks, including the Defendant in the present case. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A).

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as small claims track cases in Leicester, Derby, Chesterfield, and Mansfield County Courts.

As the law relating to contractual penalties is long established, I believe that the outstanding issues are are of fact. Accordingly, I respectfully request that this claim is allocated to the small claims track, and would estimate that the hearing of the claim should last no longer than one hour.