Dee1954 v HSBC

[dee1954]

I submitted my claim on line and HSBC acknowledged service 27th March. The 28 days is up week today. I have sent Kate Eaves (DG solicitors) a copy of my spreadsheet by post and fax but heard nothing. Is there anything else I should be doing?

 

Also, I am paying my various debts (including HSBC)through CCCS via a debt management plan. My employer's sent my expenses payment to my old HSBC account (now closed) by mistake. I phoned HSBC and was told that i had to visit my local brach to get it back. When I visited the branch they told me that they could not tell me if they had received it or if they had where it would have gone! They say I should contact the DMC dealing with my payments but CCCS pay HSBC!

 

When I pointed this out she told me to write a letter and bring it back and ask for her and she would sort it out. I asked for a pad and paper and i would do it there and then and she said she needed the BACS details. I had a payslip with me with said details on but she then said this was no good she needed the actual payslip in question. It might only be £129 but that's a lot of money to me (more than my total DMP payment per month).

 

Any advice?

[livelylad]

I submitted my claim on line and HSBC acknowledged service 27th March. The 28 days is up week today. I have sent Kate Eaves (DG solicitors) a copy of my spreadsheet by post and fax but heard nothing. Is there anything else I should be doing?

 

Also, I am paying my various debts (including HSBC)through CCCS via a debt management plan. My employer's sent my expenses payment to my old HSBC account (now closed) by mistake. I phoned HSBC and was told that i had to visit my local brach to get it back. When I visited the branch they told me that they could not tell me if they had received it or if they had where it would have gone! They say I should contact the DMC dealing with my payments but CCCS pay HSBC!

 

When I pointed this out she told me to write a letter and bring it back and ask for her and she would sort it out. I asked for a pad and paper and i would do it there and then and she said she needed the BACS details. I had a payslip with me with said details on but she then said this was no good she needed the actual payslip in question. It might only be £129 but that's a lot of money to me (more than my total DMP payment per month).

 

Any advice?

 

 

you just have to wait to see if they defend your claim before you can do anything else.

 

On the expenses issue I would actually contact my employer and tell them to chase the cash, I would have thought they can recall the payment particulary as it cant have gone into an account that is closed.

[dee1954]

They say they have to wait for it to 'bounce back'. I will take the said letter to the bank but due to work commitments am not able to for the next week and want to take it personally and not post it.

Thanks

[livelylad]

Did your employer have the correct details? If so its as far as I can see their mistake so by my reckoning they should do all the chasing. How about them paying you again then when the cash does bounce back they just keep it.

[dee1954]

HSBC submitted a defence last Wednesday - 2 days before deadline so I now wait for contact from the court I guess. One question, apart from one letter in response to 'prelim approach' where they suggested I complain to ombudsman if I was not happy, I have not had any response from any of the letters. Most if not all threads I've read have had offers or at least some sort of response. Should I be worried??

I've checked and re-checked and pretty sure I've done everything right but can't help thinking . . . . .

[pinkduchess]

some people get letters - others dont. seems abit erratic but nothing to worry about. Anyway now that you've filed your claim you'll be dealing with dg direct.

 

you should receive transfer papers to your local court anytime now.

[dee1954]

Got my Notice of Transfer of Proceedings to Pontypool Court today - 'filing of AQ be dispensed with in this case unless the District Judge at the court of transfer orders otherwise'.

[pinkduchess]

you need to wait & see what your local judge decides - in the meantime start nudging dg

[dee1954]

Had another Notice of Transfer of Proceedings today - 'It is ordered that the case be transferred to Cardiff Civil Justice Centre.'

 

No mention of AQ. Should I contact the Court to check that they don't want one?

 

Sent nudging letter to DG but still no contact.

[jowalshy]

Hi Dee, I had notice of transfer on 12th April. I have sent 2 nudge letters to DG and heard nothing from them. I called the courts today and was told that a date for hearing has been set for 25th July and a letter has been sent to me. Wait a few days and then call the court to see what is happening. In the meantime send DG another nudge letter 10 days from the date you sent the first one.

[dee1954]

Will do thanks.

 

Will watch to see how you get on as you're 4 weeks in front of me.

[Anne26]

Hi Dee

 

You're just a few days behind me I had my Notice of Transfer of Proceedings on 2/05/07 so we should be getting offers around the same time.

 

It's so frustrating doing this waiting game. I've sent the nudge letters too. My bank account could really do with the dosh. Fingers crossed, it won't be too long now.

[dee1954]

On the one hand I would love to end up in a court room with HSBC but on the other hand could really do with the money now!

Keep me updated with your claim

[dee1954]

General Form of Judgement or Order received today

 

It is ordered that

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10.30 am at Cardiff Civil Justice Centre, 2 Park St, Cardiff CF10 1ET

 

2. The parties may appear in person or make representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

[Anne26]

Hi Dee, nice to see that you've had your form of judgement today. I still haven't recieved anything. Called the couts today and they're really behind. Hopefully DG give us an offer soon!

[Cityguy23]

Hey Dee

 

My court case has been set for 10.00am 14th August at Cardiff Court With Judge Hickinbottom, so im half an hour before you LOL.

 

Will keep a check on your thread and see who gets an offer first

 

 

Cityguy

[dee1954]

Which bank are you claiming against?

[Cityguy23]

claiming £2000 from HSBC

[dee1954]

I've nudged by letter, e-mail and left phone messsages but no reply. Even a polite 'bog off' would be something!

Should I now send the Draft Order for Directions as given in 'New---after 28 days' thread or wait until nearer the court date of 14th August?

[jowalshy]

Hi Dee, Just keep nudging for now. Use the nudges in the No AQ thread. Just don't hassle them. Nudge every 10 days or so. I am on my 3rd nudge letter now and will probably send a 4th and 5th as my court date is not until the end of July. I haven't even had a reply as yet. Just keep calm. As they say "All good things come to those who wait".

[dee1954]

OK thanks. When do you suggest sending the Draft Directions?

[jowalshy]

I think that the draft order for directions is right at the end with the court bundle stuff.

[dee1954]

Thanks for your help

[dee1954]

I have a directions hearing in Cardiff 10.30 on 14th August. I have recently moved house and have not had internet access for a month. Other serious personal stuff going on (long story) so taken my eye off the ball to be honest.

I have nudged D & G via letter, 2 e-mails and 1 telephone call to answer machine. No reply to any!

Should I now be suggesting draft directions?

Anyone else in Cardiff same day?

[Mostyn1704]

Hi Dee. I have directions hearing in Cardiff on same day. I don't think we will hear anything else from courts until the date of the Directions Hearing. My notification said that "the parties may appear in person or make written representations as to how the case should proceeed, provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing" - so I will be sending something off along the lines of Lattie's suggestion (see Parian's link) in good time.

 

To date HSBC have not filed their AQ - 7 days late. When I phoned the court to ask what happens in this case I was told that the Hearing will continue and that the Bank will be put in a bad light for their lateness or failure to submit. Meantime another nudge letter is on way with a copy of my AQ and Draft Order for Directions