Microdotster-vrs-HSBC

[gordylar]

Yes, send DG a copy of your schedule of charges and send the court 3 copies.

Bombard DG with these on a regular basis by post e-mail and keep phoning them to get yourself to the top of the pile. "BE A PEST"

[Microdotster]

How can I send the court 3 copies? I dont know which court my claim is being done through? Do I send them to the MCOL address?

[gordylar]

Yes, send it to mcol at Northampton it is where all the claims are delt with until it gets allocated to your local court, at the hearing stage if it gets that far.

 

Their address is:

 

The Court Manager

Money Claim Online

Northampton County Court,

21-27 ST Katherine's Street,

Northampton,

NN1-2LH.

 

You have to address all your correspondance to the Court Manager and make sure you always quote your claim number.

 

Phone Number for MCOL is 0845 6015935.

To speed it up you can fax them as well on 0845 6015889.

Always send all mail recorded delivery.

[Microdotster]

Cheers Gordylar. Ill get right onto that, thanks for the info. I am about to enter the world of ultimate annoyance DG, watch out!!

[gordylar]

Go for it the more annoying the better sent them a fair few faxes myself and left plenty of messages on all the numbers never actually got through to anyone when I phoned but must have added to their voice mail quite considerably .

[Microdotster]

Nice one,

im gonna get on their case big time. How long do you usually have to wait for an offer? Also are HSBC the type to wait until the 13th day before saying that they are going to defend or has it been known for them to let the deadline pass?

I got a letter of confirmation through the post of my claim registration, it says that it was issued on 02/03/07 and deemed served on the 05/03/07 I think, when does the 14 days start from?

[givememymoney]

HSBC almost always wait until the last minute before defending. In some cases they even let the deadline pass and the court allows them to get away with if for a few days.

[Microdotster]

HSBC have acknowledged my claim with MCOL, they now have 28 days from when it was served, I presume this is to say if they are going to defend or not. Correct?

[lateralus]

on the ackn. page 2 they tick their intention to defend.

so, now is time - if you haven't already - send courts 2 copies of your breakdown and 1 to dg - referencing your claim number.

[Microdotster]

HELP!!!

 

Ive messed up my MCOL ive put the wrong amount in the charges and interest, I used my old schedule of charges totals with charges from 2000 by mistake. What do I do??? Will the court change the particulars of my claim? Do I have to phone or write to them?

 

Im proper gutted that ive messed this up, please tell me all is not lost?

[gordylar]

relax, deep breath,

did it include all charges up until present ?

if it did then I would leave it as it is because dg will just remove any charges over 6 years from the date of the mcol when they make you an offer. Otherwise you can contact the court and change the amounts, however this will cost you £35

hope this helps.

[gordylar]

p.s. if you do need to phone the courts first. They will point you along the right lines

[lateralus]

spot on - but as gordy said - if your only prob with it is that some of the charges are over six years - just let it go. crusher would even say don't let them knock them off further down the line - he says they won't go to court over it and if you hold out, you'll get them paid.

is that the only prob with the mcol?

[Microdotster]

Thanks for your replies you are all a great help!

Ok ill explain.

I have 4 schedules of charges, as follows:

 

1) Jan 2000-Dec 2000 = £623.00

2) Jan 2001-Dec 2001 = £793.50

3) Jun 2002-Nov 2002 = £257.50

 

4) Jan 2002-Jan 2003 = £650.00

 

Origionally I was going to claim from J2000-N2002 = £1674.00 (1-3) which was the figure on my preliminary letter, however I realised that I couldnt claim for schedule (1) J2000-D2000 as it is over 6 years ago, so i cleared them off. I went to the bank and got a load of charges that i had missing from statements for 2002 printed off and made another schedule (4) which replaced schedule (3) I then added this to schedule (2) which = £1443.00 these are the figures that I had put on my L.B.A. For some unknown reason I have used the old schedules that were on my prelim for the MCOL. So my claim is for £1674.00 not £1443.00 as it should be, also I think that the interest will be wrong.

I havent sent anyone any schedule of charges with the 8% interest added yet, It was when I printed out 3 for the courts that I realised the error.

How do I go about changing this with the MCOL? By phone or post?

 

Just one more question, does anyone think that when I change the claim amounts is it worth including the charges from Jan 2000-Dec 2000, as well? Have people been successful with 6+ year claims?

[Microdotster]

Right, just spoke to someone called Nicky at MCOL who was very helpful indeed. She said to fill in a new N1 form which can be obtained from this address:

 

Bulk Centre

 

She said to fill it in as I did before but any changes should be written in red ink and underlined.

She then said that I would then have to fill in a N244 form which is much more difficult and to download and print it and to then give them a ring back and they will talk me through filling it in. This would then have to be sent back to them in the post with a cheque for £35 made out to HMCS wityh my case number written on the back. She did however say that it might be worth waiting to see what HSBC are going to do as they might just settle out of court before the due date and that I might be wasting my £35 as I cant claim this back from them. Also this will slow the process down alot.

 

Any Thoughts?

[Microdotster]

anyone?

[nettyg]

did you ring the court and get help filling in the n244?

[VeryTrying]

This response is meant as a discussion, rather than advice!

 

So, it seems you've asked for too many charges (and therefore too much interest) to be returned to you. Surely the actual amount is something which will be negotiated between you and DG/HSBC when they make you an offer.

 

Their offer will say something like "we won't pay anything more than six years old, therefore we offer you £xxx. Also we never pay interest anyway, so there!" And you write back and say "OK, thank you for pointing out that some charges are over six years old, therefore I knock them off my total, and because of this I reduce my interest to £xxx. This amount I will accept in settlement of my claim, etc. etc ......"

 

Therefore, would it be possible to continue with the current MCOL, and be prepared to negotiate down at settlement stage? DG might be quite happy to settle for the real amount you want, because they will think they've reduced your claim by the power of their argument. Why disabuse them? You get what you want, they think they've been clever. Comments?

[givememymoney]

I think this approach is fair enough saves a lot of hassle until it really matters.

[lateralus]

also, when you sign an acceptance at a future date - you make sure it reads so that you can claim again for any missed charges. i'd say it's a good answer to your predicament.

[Microdotster]

did you ring the court and get help filling in the n244?

 

 

No I havent done this yet

[Microdotster]

I think this approach is fair enough saves a lot of hassle until it really matters.

 

 

Mate, I agree with you, I think its worth waiting and if it comes to it I can fill in the N244 form if theres no other option, I would have thought that HSBC will send me an offer well before then though. Even if I tell them that the N244 is en-route to the court for the correct amount, eh?

[Microdotster]

Also we never pay interest anyway, so there!"

is this true?

 

And you write back and say "OK, thank you for pointing out that some charges are over six years old, therefore I knock them off my total, and because of this I reduce my interest to £xxx. This amount I will accept in settlement of my claim, etc. etc ......"

seems like a great idea!

 

Therefore, would it be possible to continue with the current MCOL, and be prepared to negotiate down at settlement stage? DG might be quite happy to settle for the real amount you want, because they will think they've reduced your claim by the power of their argument. Why disabuse them? You get what you want, they think they've been clever. Comments?

I agree, this is what im going to do I couldnt have worded it better myself! What I was also thinking was when I send them a copy of my schedule of charges (the correct one, with the lower total) they might look at this and compare it to the MCOL figure and think, hang on a second hes messed it up here hes asking for a lower amount, I know well settle before he notices! LMAO!

[Microdotster]

NettyG, VeryTrying, givememymoney and Lateralus thank you all for your help on this problem. It is much appreciated!!

[VeryTrying]

Also we never pay interest anyway, so there!"

is this true?

 

'Course not. It's just what they keep on saying in the hope that some poor, ill-advised claimant might believe them!

 

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