Help with HSBC Business Claim

[Nicki]

I've had a really good look round the site and read all the FAQS and can't find the answer to my question anywhere. Can someone advise?

I'm in the middle of a claim against the HSBC Bank. The charges I'm claiming are for a business account.

I have received the defence and was expecting to receive an allocation questionnaire next.

Instead I have received a letter from my district judge saying:

 

IT IS ORDERED THAT

1 The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) The claimant must amend or substitute it's particulars of claim setting out the Claimant's case in plain English by 4pm on 4th May 2007 and in default, the claim be struck out without further notice.

 

If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.15 setting out it's case in plain English.

 

2. Claimant must also pay the allocation fee of £100.00 by 4pm on 27th April 2007.

 

Has anyone else received a letter like this?

 

Nicki

[lateralus]

i was sure i had written this before - must have not sent it...

did you follow this when doing your particulars:Business accounts;Partics of claim

if not, then that may be the problem.

i'm going to have some peeps pop around to help you with this.

but i do read that it must be done quickly - by friday - so try to get it done as soon as possible.

did they send you an allocation questionaire to fill in - i can't see why they would say in point 2 to pay it if you haven't been required to file one.

let me get someone to take a look.

[GaryH]

Hitchen County Court I take it? Its a common order from that court I'm afraid.

 

Which POC did you use? I'm presuming you used MCOL.

 

Do as the order says - get some N1 POC in to the court and DG by the date specified. Use the N1 POC from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

If you already used the N1 POC first time around, post back - you'll have to provide something more elaberate.

 

Not sure why they've asked for an allocation fee if they haven't sent an AQ, but I presume it might be an error. Ring the court to check.

[Nicki]

Yes - Hitchin CC! I used MCOL but I didn't use the N1 POC so I'll get that sent of with another copy of my charges schedule enclosed.

 

I'll phone to check about the £100 fee.

 

Thanks for your help

 

Nicki

[Nicki]

Hi again!

Just to update - I sent off my POC and schedule as the order requested, and have now received a Notice of Allocation Hearing or Listing Hearing:

 

DISTRICT JUDGE WILLERS has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

Reasons for hearing are as follows: THE ISSUES RAISED ARE NOT SUITABLE FOR ADJUDICATION ON THE SMALL CLAIMS TRACK. THE COURT IS PROPOSING TO ALLOCATE TO FAST TRACK

 

I didn't even receive or fill in an allocation questionaire?

The notice also says that I need to attend the court on 8th June...and then says that the hearing will take place by way of telephone conference which I must arrange????

 

Has anyone else been to or has a date for an allocation hearing at Hitchin CC? Just got a feeling JUDGE WILLERS doesn't like me!

[Nicki]

Just phoned Hitchin CC and asked someone about the telephone thing. Was told that I do not need to attend my allocation hearing and that the judge will ring me instead - and the hearing will take place over the telephone with a representative from HSBC.

 

I'll keep you posted

 

Nicki

[Nicki]

If anyone out there is going through or has experienced a similar thing I'd appreciate some advice. All this legal stuff goes way over my head and I'm a bit nervous about it to be perfectly honest!

 

Worried about making an absolute **** of myself!

 

I have read GaryH's thread about court cases but would appreciate confirmation on what I need for an allocation hearing - bearing in mind I haven't completed an AQ.

 

Thanks!

[lateralus]

just have ready what he has put on there. check with pete (castelbest) and i think celicaman? there were two with phone things and both got offers before - suggest you check both their threads and get in touch if you need more info.

[Nicki]

Guess what...

 

Just received an offer for the full amout + interest + charges. Have accepted.

 

Thankyou for all your help. Would never have had the confidence to do it without this site. Donation on the way!

 

Nicki

[Celicaman]

Guess what...

 

Just received an offer for the full amout + interest + charges. Have accepted.

 

Thankyou for all your help. Would never have had the confidence to do it without this site. Donation on the way!

 

Nicki

 

 

Well Done & Congrats

 

Sure a Mod will be along to bump you up to the ''' WON ''' forum

I noticed it was for business claim, how far back did you go and did you go CI or 8% stat. just interested as have a few business ones to start.

Are you still with HSBC or have you had to move accounts etc

[lateralus]

congratulations, well done!!!!

don't halt your claim until the money is in your hands - but then be sure to write to the court to thank them and tell them it has been resolved.

 

also, it would be very, very helpful to others if you would pm a moderator with your details - bank, claim date, amount, date settled - this will go into a data base for settled claims useful in court bundles.

 

again, congrats.........spend wisely!

[Nicki]

Hi, received my money into my account and have written to court.

 

Celicaman - to answer your questions...I used the 8% and my claim went back to 2004 (when the account opened). They haven't closed my account and it doesn't look like they're going to.

 

Good luck with your claims. Hope you get back all YOUR money

[lateralus]

well done - and sent your details to a mod to be included in the settled claims data base - please!?