Help Please - Getting A Little Confused!!!

[Makalu]

Hi. We are taking HSBC to court and are at the following stage: Acknowledgement of Service of Claim was filed on the 21 Mar and HSBC were given 28 days to file a defence. HSBC's solicitor said on 22 March that they intend to defend all of the claim. We have heard nothing since; should we have heard anything? Also, I keep reading about different forms going to the court like the 'Allocation questionaire' but we haven't been asked to produce one so how does that stage work? Just don't; want to cock it up when we have gone this far and theres £2800 at stake. Thanks for your help.

ps. I'm also after the Halifax but they have ignored the data protection act 40 day limit despite reminders. I am writing to the Information Commissoner to complain; is there anything else I can do as I can't continue the money recovery process until I know how much they have charged me? This is an old, account which was closed a couple of years ago. I sent proof of change of address with the request under the DPA and it also went registered post. I know its for the Halifax but this is a fairly generic point for anyone failing to comply with the data protection act. Many thanks once again.

 

Trying to 'keep the faith'

 

Makalu

[Janeykate]

Hi makalu,,, as claim was issued on 22nd march.. you then have 28 days... did you file your claim with mcol?? as the 28 days is more or less up by now... I would think you'll receive a notice of transfer in the next few days....this will tell you which court your case will be heard and whether or not an aq is required... In my case receiving the transfer after 28 days took around another 7.... all very slow but probably because the courts are inundated with us guys putting in our cliams for unfair charges.

When you recieve your transfer I suggest reading all the links regarding aq's! Keep the faith!!!

[Rayne]

From my calcs (which at the moment I'm seriously doubting myself) today is day 29 or 30 so you'll probably find that DG have filed a defence in the last couple of days. Have you gone through MCOL or are you using your local County Court? Either way get in touch with them in the first instance to find out if DG have entered a defence.

 

If you're doing it through MCOL then at this stage it will most likely get transferred to your local CC. You'll then get a "Notice Of Transfer Of Proceedings" which will include a full copy of DG's defence...I'm thinking of framing mine as it makes me giggle every time I read it.

 

NORMALLY after the Notice of Transfer the local CC would then issue an AQ which is basically for the courts to decide which track to send the claim to, ie fast tack, multi track or small claims. Yours, looking at the amount would be small claims.

 

HOWEVER, what has been happening more recently is that the local CC's have been missing out the AQ and gone straight to issuing a court date. DO NOT PANIC!!!! It's thought that this is being done in an effort to try and clear down the logjam of claims that have hit the courts. The Judges know that DG have yet to enter a courtroom and have always settled before getting to the actual court date so it's highly likely that this is just their way of speeding things up a bit as well.

 

Hope that helps and if anyone would like to correct me, please do

[Makalu]

Many thanks Janeykate, at least we know we haven't missed anything out! We did file through mcol. While I'm waiting I'd best get on with LloydsTSB, Halifax, Woolwich............................................

Makalu

[Makalu]

Many thanks also Rayne; we used MCOL so will find out if a defence has been lodged. I gather DG saying they would straight away is standard procedure for them then?

Makalu

[Rayne]

Pretty much yes. They have pretty much always filed a defence but have as yet to enter a courtroom. Simply another scare tactic.

[Makalu]

Thats great. Thanks for your help both. Look forward to one of these claims bearing fruit. These people have made out lives very difficult over the last 6 years. Best wishes to all.

Makalu

[Janeykate]

best wishes to you too makalu...... it all can get a little confusing especially as now it seems aq's are being dispensed with (in some cases) ....hsbc/dg are playing the game of stringing us out for as long as possible...knowing they'll have to pay up in the end....the only thing that keeps me sane is coming on this website and watching how other peeps are doing... we're all in the same boat, and we will get whats due albeit after a pretty long wait!!

[martin2006]

Welcome Makalu,

The only additional advice i can offer you is not to try taking all these banks on at once. The court fees soon mount up and you will confuse one case with another. There is no time limit so do one or maybe two at a time, eventually you will get it all back.