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On-Line Court Case against HSBC "Defended"***WON***


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Hi,

 

I'm new to this site and this is my first post so I apologise to all concerned if I'm repeating something that's already been asked.

 

Basically, I am running 3 cases. I've just won my first with 'judgment by default' against Mint (RBOS) which was only for £166.31. I have another with Barclaycard (about £500) which I'm reporting to the Information Commissioner this week as it's now been over 6 weeks since I requested my statements - They just keep saying they have now employed a nightshift in ther michofiche department. My third case is against HSBC and is for just over £3,200. The claim was issued by Moneyclaim.gov.uk at the beginning of April (acknowledged almost immediately) and, as I expected, they have waited until the 11th hour to "defend" the case.

 

I was wondering if anybody could help me with the following questions:

 

1. I understand I'll be told which court it now goes to. How long do people usually have to wait for the court date, ie. is it usually months away?

2. I can see from this website that HSBC are unlikely to actually let the case get to court, but do I need legal representation in the meantime? If they are aware that I have none are they likely to actually let it go to court because they know they could take me apart in there on my own unless I pay for a Solicitor?!

 

Any advice on what I should do now would be greatly appreciated guys!!

 

Thanks in anticipation of your help...

 

Wayne

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I have just been awarded judgement against Lloyds tsb (13thApril 2007). It was 12 weeks between requesting a court date and the actual date. Lloyds just did not turn up at all. However, I am still waiting for my money to be refunded.

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Hi guys,

 

I'm very worried I may have blown my chance of reclaiming my money from HSBC. I didn't know about this website until a few days ago and it looks like I may have missed something important out of the process as I've been doing it without any help, stupidly. Here is a quick precis:

 

1. Obtained my statements and created a Charges Schedule.

2. Wrote to HSBC asking for full refund plus 8% interest thta I'd be entitled to if I went to court, enclosing Schedule.

3. After 14 days I received the standard "we'll get back to you within 8 weeks" response.

4. Wrote / faxed a response to them giving them further 7 days or would instruct court proceedings.

5. Instructed MCOL. Acknowledged by HSBC within a few days.

6. Today, at the 11th hour (about 3 days to go until their 28 day time limit had expired where I could get judgment by default) the claim status has changed to "Defence".

 

I'm very worried because of the following:

1. It seems some people, upon receiving a copy of the acknowledgment of claim, have sent things (evidence / Schedules) off to HSBC's Solicitors. I never did. Will that mean my case will get thrown out? I was waiting for them to either file a defence or admit. The problem is, I never enclosed any Charges SChedules with my claim to the Court, or sent them to the court to attach to my claim, either. HELP!!!!

 

2. Also, it seems people on this site are very keen to ensure that you DON'T ask for the 8% interest in your initial request. Will this mean it'll look like I was being unreasonable. The wording I used to fill out my claim and my letters to the bank are all reccommended pro-forma paragraphs.

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Hi Wayne,

 

Don't worry too much, someone with loads more knowledge than me will get back to you soon. I cocked up to start with then found this site little earlier in process than you. If you read read read you will see that it is very common for HSBC to defend at the 11th hour, I would send schedules as soon as poss to dg and the court. Most of peeps here will say don't worry it wont get to court when they defend after 28 days seems they then buy themselves an extra 14 days. Try to stay chilled i bet 'Lateralus' or one of the others ( can't remember all your names sorry) will be along soon with loads of calming words and advice.:)

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oh yes and another thing I asked for 8% from the start as well my 28 days is up on 16th May. The moneysavingexpert website doesn't advise not to so I expect people who have claimed using theire templates are in same boat and if you read theit sucess threads loads have got their money back. Good luck

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If you have asked for the 8% don't worry at all, it's a personal choice and some people find it difficult to work it out.

Regarding the defence, this is completely run of the mill and you will next receive instructions to complete the allocation questionairre. When you complete this you can send DG a schedule of your charges/interest and when the case is transferred to your local court you can send them a copy asking for it to be married up to the case paperwork.

You still have plenty of time as HSBC will ultimately pay up as they do not want to go to court.

 

Make sure you send everything in the post via recorded delivery so that you can prove they received all your letters. It has taken me since last November and I only got a full offer today...hang in there it will be ok...

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thefuture / 831badger - Thank you so very much for your help... That has calmed me down a little!!

 

I take it the next step then is to wait for the AQ and notice of transfer to local Court... How long does this usually take? Bearing in mind, the claim status on the MCOL website only changed to "Defence" today.

 

I'll be sure to enclose copies of all my correspondence and Schedules with the AQ and send the same to HSBC's Solicitors.

 

Again guys, I really appreciate you taking the time to respond to my post.

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Hi If I've done this right this link should take you to a thread that explains alot

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

I'm not that good at this computer stuff I'm afraid but there is loads of details on here about what happens next etc hope this helps. If not I'm sure Badger will be along soon as they've been through it all.

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HSBC are in the habit of not completing their AQ by the deadline date and then the judge allow them further time to file. This is a game of chicken to try make you back down...

I have heard very little from DG other than my offer so don't expect any contact from them. I have sent them the appropriate nudging letter when they did not file their AQ. This is not a quick process but you will get there.

 

Read through other peoples threads, i found laterlus, nettieg and hsbccrusher particularly helpful...

good luck!!!

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hi, just to clear a few things up... the 8% is added on to your claim at court stage - not hard to work out at all. if you use a spreadsheet from this site (or mse) the interest is worked out automatically.

 

now is the time to send your schedule of charges to dg solicitors, if they have defended on mcol, you will receive your notice of transfer of proceedings in the post very soon, with your local court address (where the case has been allocated to - send the court 2 copies aswell.

 

don't panic everybody does things differently - there is no right or wrong site (actually there is but i'm biased!!) just read as many threads as you can so you know what may happen next ok?

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2109 (Paul)

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2109 (Paul) [email protected]

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

Julie [email protected]

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If i've been helpful in any way....then tip my scales over there!

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nettyg, 831Badger & TheFuture - Again, thank you all for your help.

 

I haven't had my AQ through yet but have been kindly provided with a link to a helpful page on this very site about how to fill this out and what to back it up with.

 

I'll be back with update / request for help once AQ received!!!!

 

Thanks again all, your help has been invaluable, particularly in reassuring me

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Hi guys,

 

Just a quick question for anyone who may be able to help me here...

I have a personal loan with HSBC at the moment and I'm currently awaiting my AQ following their defence of my MCOL case. For the last year or so my Account with them has been well in credit and I'm making the monthly payments to my personal loan without problem. Are they entitled to, if they see fit, use my inevitable settlement to re-pay this personal loan or can I insist on just having the money?

 

Also, as I'm new to forums about reclaiming bank charges, could somebody tell me whether it's normal practice for HSBC to close peoples' accounts following settlement of claims as it is with some other hostile banks??

 

Thanks!

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Hi, WB.

 

If your loan account is in good order, the full monthly payment being paid and on time, they should have no reason to 'offset' any charges against it that you may be successful in reclaiming . Arrears might be a different matter.

 

They also shouldn't close your account, or down-grade it.

 

Look at parachute accounts if you are that concerned. I'd concentrate on your AQ for now.

 

Check out the various HSBC and AQ threads for general AQ issues, and HSBC in particular. Look out for account closure/downgrade issues as well while you're at it - probably better to be ready.

 

HTH,

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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your loan account is seperate from your claim so NO will not offset the amount oustanding with your 'winnings'!

 

the powers that be don't look upon the bank to highly if they close your account following a (first) claim either - i believe if this happens, you are entitled to compensation.

If i've been helpful in any way....then tip my scales over there!

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Hi again people... Sorry to bother you all again but, as you all correctly told me, HSBC defended my MCOL case on the 26th day and I've just received my Notice of Transfer of Proceedings this morning. I'm a little confused because of the following:

 

1. There is no indication of a Court date. When am I likely to find this out?

 

2. I've seen this mentioned in other threads but don't really know what it means; There is an order from the Judge attached to dispense with the AQ. What are the pors & cons of this? Should I ask for it to be set aside and get an AQ?

 

3. Up to this stage I have not send a Charges Schedule to MCOL, my local County Court or DG Solicitors. Should I now do this? Is there anything else I should send with my Charges Schedules?

 

4. Lastly, should I be making any additional contact with the Court / DG in the meantime to show I am at least attempting to get settlement early and save the Court's time?

 

As always, your help is invaluable and grately appreciated!

 

Yours,

 

Wayne B :)

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no need to start a new thread - we'd have seen your other one wayne, but as you are here.

 

all completely normal.

however - you should have sent a copy of your breakdown to the court - now that it is a local court - send them one immediately with this cover note:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Send this to the address of the local court

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

I apologise for not having sent this earlier to be attached to my claim.

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

and now to DG Solicitors send this:

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

 

 

 

 

ok, that takes care of that.

now, as for a court date and the aq business - look at my thread listed below in the signature - new- after 28 days. ....

it explains what is going on.

 

you may receive further instructions from the court - they will send them if they want something.

 

as for dg - you are sending them a copy of your breakdown.

you might take a look at the first nudge letter on that same thread - it explains how from this point - i advise a nudge letter to dg - encouraging them to make an offer - every 10-14 days from this point along with a breakdown every time.

 

 

does this answer all your questions, wayne - get back if not.

 

so, send the court a schedule of charges, send dg a schedule of charges, read that thread - post 1 anyway, wait a bit before ringing the court to see if they require anything from you (they require that breakdown - let it get there first), and don't contact the bank - it's dg you are dealing with. start thinking about writing a nudge - anytime after you've sent the breakdown or even with the breakdown is ok

 

but get those schedules sent now

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lateralus,

 

Once again you come to the rescue! Apologies about starting a new thread - This is the only time I've ever used an Internet Forum to discuss anything and I'm still getting to grips with the etiquete! I'll re-use this one in future :).

 

When I'm back at work on Monday I'll do exactly what you've reccommended and I'll read through the threads beforehand tonight.

 

Thanks a million :)

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i still don't know what half these things are - i only found out how to use colour after about eight months. and i'm still sure that there are faster ways to do things than the way i get it done on here -

and the times i write a response and forget to post it before i go off it and - wham..... lost another one!

so, don't worry - yes, stay on this one - or i'll ask gary to merge them.

we all have to learn it somehow!

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Threads merged.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Excellent, threads merged!!

 

Cheers GaryH...

 

lateralus, thanks for getting that sorted out! I'll post again on Monday after doing what you said. I'm going to read through those threads/links you mentioned now, with a glass of lovely red wine!:rolleyes:

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i still don't know what half these things are - i only found out how to use colour after about eight months. and i'm still sure that there are faster ways to do things than the way i get it done on here -

and the times i write a response and forget to post it before i go off it and - wham..... lost another one!

so, don't worry - yes, stay on this one - or i'll ask gary to merge them.

we all have to learn it somehow!

 

Hi lateralus!! Just a quickie re: Thread you referred me to... I'm sending the Charges Schedules to my local CC today, as well as the letter in the thread to DG asking for quick settlement due to AQ being dispensed with (also enclosing Charges Schedules). I was wondering about that other letter with Draft Order for Directions... Shall I wait to hear from the CC once the judge has seen my file and fromally decided on the AQ situation, or should I just send this Draft Order with letter straight away??

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toss a coin.....

the advice from one of the moderators is go ahead and do the draft order for direction. i'm not sure if it is doing any good or not. so, you pays yer money and you takes your choice! you could always ask other opinions.

anybody else got a take on this?????

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