Confused

[oliver36]

Hi,

This is my first post on the forums but I have spent many hours reading them!! I started my claim against HSBC in January and have (as far as I know) done everything correctly. I did get an offer from Colin which amounted to about 55% of my claim so I sent the appropriate letter in reply. Anyway I stuck to my timetable with MCOL etc and submitted my AQ by the deadline of the 7th April. I have sent breakdowns etc to court and HSBC. Up until earlier this week DG had still not submitted theirs (i did send a nudge letter) and the lady I spoke to at the court said that next to the defendant it said paid. She was as confused as I was and I have tried on several occassions to contact DG and only once did they reply and unfortunatley I wasn't around to take the call. I tried to contact them again and have had no reply. Anyway this morning I received notice that my case was being referred from Bromley to the mercantile court in London and I am totally confused. No date etc has been given but I am totally confused. Can anyone shed any light on the matter? Should I send DG another nudge letter?

[rdm2006]

Hi Oliver

 

I will try to get some one who is in the know to help you with this

[nettyg]

i've seen a lot of threads saying their claims have been transferred to mercantile court. i think it's time to send dg their nudging letters and try and get an offer from them.

[caro]

It is very good news if your case is transferred to the Mercantile Court as it will be settled quickly. There is a mercantile hearing in London on Tuesday, but if you have no date that can't be the one. HSBC will come to you quick enough so I wouldn't worry about chasing them. You've put the matter in the hands of the court and it seems they aren't sitting about. You're in an excellent bargaining position, so sit back and let the bank do the running.

 

Take a look at the Mercantile forum and you may like to post there too.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

[oliver36]

After pondering on the situation I decided not to send another nudge letter until I heard from the courts. Anyway today I received notice that a date has been sent for the 15th June at the Mercantile court in London. I feel that perhaps I should make one last ditch effort to negotiate with DG by sending them a letter and an update of my charges (after all my interest is rising at a rate of 75p a day lol ) Does anyone (who has been in similar circumstances) have a suitable nudge letter that I could look at? I sent my preliminary approach back in early January and this feels like it has been going on for ages but at least with a court date set it might be nearing the end !!!

[oliver36]

Hi,

Just an update on what has happened. I sent a nudge letter and have received a reply.Basically the letter states that I have sought to claim a charge that is statue barred (my error £20.00). Also I missed a charge that they refunded the following month (ok my error i hold my hands up to that one too!). Anyway the top and tail is that they have made me an offer that is £1000 less than what I have put in for and when I recalculated the spreadsheet this does not include legal fees (which they say it does) and they have basically taken off the 8% interest. Not sure what to do whether to accept the offer of or hold out for what is due. Any suggestions..

[jowalshy]

You can always send a partial acceptance letter telling them that you accept their offer as part payment towards the total amount you are claiming and that you will only cancel the court claim once the total amount has been received.

[caro]

Hold out Oliver. You have no need to nudge them as they will be far more eager to keep out of court than you are. Do not accept one penny less than the full amount and point out to them that as the claim has gone to the mercantile court you are entitled to costs as well.

 

You will need to itemise them and provide receipts, and claim £9.25 an hour for reasonable preparation time.