Sparkesister v HSBC

[Sparkesister]

Hi, I was just after some advice...

 

I'm claiming for just over £2K from HSBC and filed my claim with MCOL on 4th April, they acknowledged it then their solicitors wrote to say they'd be defending it. The 28 days were up on 8th May and nothing!! I called the MCOL Helpline and they said (as has already been said) that they were dispensing with the AQ.:grin: Great (i thought) but I haven't had any correspondance from the court or DG?! I just feel like my claim (which was my 'New Years' Resolution!') has come to a halt! Any ideas?! Also, I didn't send a summary of charges to the court, has that slowed things down and should I send one now, or wait until it's transfered to my local court?

 

Thanks (in advance! )

[Guest ChloeJane]

Hi there,

 

As they have written and stated they are defending, it is standard the MCOL will transfer it to your local court.

 

The basics - you filed on the 4th of April.

 

The defendant has 14 days from the date of service of the claim to respond. The date of service is calculated to be 5 days from the date the claim is issued.

 

The defendant should complete and submit his defence within 14 days of the date of service of the claim, unless an acknowledgement of service was filed, in which case he should respond within 28 days from the date of service.

 

So ......by all good intent Tuesday the 8th, was when MCOL would have it begun to be in the process for transfer to your local court. As you have lost 1 day with a public holiday, it can take up to 14 days from the date of transfer from MCOL to your local court, so hang in there.

 

CJ

[Celicaman]

Hi, My claim was filed 20th March, so im a little ahead of you. I didnt realise about summary either.

 

You need to send the court & DG a copy of your Summary of charges, ( you could wait till court transfer arrives now, i think as its probably close to the time it will arrive anyway & could cross & get lost in system) i got a copy somewhere of what letter to send , but server must be down,ill put link on here when its working again.

Also ring your local court when the transfer comes through, to see if they need you to pay the £100.00 AQ fee, in some courts they still require it to be paid, even if they dont require AQ filling out, so ring asap to find out. ( mine did, another £100 on HSBC bill LOL )

I got a letter today from court asking for summary charges for their purposes ( as opposed to DG asking court for it i suppose), so i had to ring and ask them to check, they had received it but had crossed in system so i know its there now, letter also incuded Judges name, but no date, so it must be getting close to him having a look, so we will see how long it takes

 

Ahaaa working again, ok Look for post 42

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/84022-celicaman-hsbc-3.html

 

Cheers to Givememymoney for that one, remember to change address where it says Nottingham court, to address your claim is transferred to.

 

Good luck, watch my thread if you like, see how i get on

 

CM

[Sparkesister]

Thanks CJ, I'll be patient, you've put my mind at rest!

 

CM, I'll take you're advice and wait for the transfer before I send the summary and thanks for the offer of a letter template,

I'll definitely use it. Thanks!

 

Hayley

[lateralus]

and if you didn't send one to the court - i'm thinking you didn't send one to dg solicitors either, correct? well, now is the time to send them one - they never make an offer without one - so -send them one today - then when you get your transfer notice - start sending nudge letters to dg - one letter every 10-14 days and each letter with a breakdown. for ideas for the letters - see the thread in my signature - new-28 days......

 

it has - in post one - some ideas for letters to send - encouraging dg to settle the claim by sending you an offer. that is the idea - get dg to make an offer. the court side is really secondary as they always offer before the court becomes a real prospect.

[Celicaman]

Gawd i think i need glasses just been reading latties post 'after 28 days, no AQ' and read ..............

' they may advise mediation'

as

' they may advise medication'

 

had to re - read to find out if that was for us or them lol

[Sparkesister]

Thanks lateralus! You're so right I didn't send one, but I'll do it today. Do you have a template letter to put with the summary, or should I just make sure I include my claim number etc?

Thanks again!

[lateralus]

that would be fine.

 

or this:

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,

[Sparkesister]

You're a star! Thanks again! I'm gonna do it now (while watching the F1 Qualifying in Spain!)

 

Hayley

[Sparkesister]

Got my 'Notice of Transfer of Proceedings' today, so I've sent a list of charges to my local Court Manager here in Blackpool. I also took this threads advice and also sent a list of chargers to Kate Eaves at DG (signed for mail, of course!).

So, can I just check that I'm now basically waiting for a local court date?

[oyster11]

When you get the Date Just kept sending a nudge every 10-14 days

 

You are nearly there!!

 

 

Oyster

[Sparkesister]

Thanks for all your help so far, but I was just wondering how long it takes to get a court date? I got my Transfer of Proceedings through on the 16th May. Am I just being impatient?:o

[Celicaman]

Thanks for all your help so far, but I was just wondering how long it takes to get a court date? I got my Transfer of Proceedings through on the 16th May. Am I just being impatient?:o

 

 

I got my transfer notice 18th April, and only got court date yesterday, so reckon you got to wait a little longer.

Have you sent copies of summary of charges to the court as well

 

CM

[Sparkesister]

Ok, now I'm panicking!! Got my Hearing date through.. It's Friday 17th August at Blackpool County Court at 2pm. I haven't heard a word from D&G! So gutted it has got this far.. I know loads of people who've been made offers, so.. any ideas what I should do now?! Am I really best leaving it to go to court?

I'll be really grateful for any advice!

 

Hayley

[freakyleaky]

It is the norm not to hear from dg yet. As long as you have sent your nudges and your schedule of charges then you are on the right track. DG seem to be making offers when they receive the court bundle. This usually has to be delivered to the court and to dg by 14 days before the court date.

Have a read of the court bundle threads and start preparing it. Just as if you need help doing it.

Once they receive the bundle they will make an offer. You will get your money.

 

This thread takes you through the bundle step by step court bundles for dummies

[syds mum]

hi there i have had a court date aswell 24th sept.. derby court... how many nudge letters have you sent DG??? i am a the mo looking at getting court bundle together!!! have you got yours organised? advice i have had is to have it ready but not to print out till very last minute as its a lot of copying and you may not need it!! but having said that it would seem the bundle going in sparks of an offer from DG!!! when did you start you cliam??

syds mum :)

[Celicaman]

Hey Sparkesister, your hearing is on my Birthday, so saying as you will have the cash in the bank by about the 10th, you'll be able to buy me a pressie LOL

Hey freaky, did i tell you i won

 

CM

[syds mum]

hi freaky its syds mum.. i am a bit confussed:???: had my court date and says"The claimant shall within 21 days of service of this order send to the defendant and to the court...." does this mean 21 days from me receiving this corut date or 21 days from actually court date (my date is 24th sept) :)

[Celicaman]

come on freaky, you can type faster than that, or should i answer for you & steel the click on scales LOL:p

 

CM

[freakyleaky]

Hi sm. The order you have received is a new direction that we are only just seeing. It means what it says. 21 days from receiving the directions. I think the courts are doing this to try and get the cases settled early. So get it in by 21 days from the date on the directions.

[freakyleaky]

come on freaky, you can type faster than that, or should i answer for you & steel the click on scales LOL:p

 

CM

 

LOL. It's early and I have a hang over! LOL:p

[syds mum]

o.k no probs the other thing is can you send in your bundle on disc instead of wasting trees??? surely the courts have computers does any know or even asked?? would be a lot easier!!!

[syds mum]

hi just read other thread and you already answered me thanks!!!

[lateralus]

i think the wheels of justice move ever so slowly - they don't even like e-mail communications - so stick to the old stand-by's for now - hard mail and hard court bundles.

 

both syds mum and sparkesister - it would be best if you put your court directions up here for us to take a look at just to be certain of what they require - xxxx out personal details.

 

syd's mum - put yours on your thread - we'll watch for it.

[Celicaman]

Hi sm. The order you have received is a new direction that we are only just seeing. It means what it says. 21 days from receiving the directions. I think the courts are doing this to try and get the cases settled early. So get it in by 21 days from the date on the directions.

 

Yep as Freaky says, then the bank have 21 days after that to not get theirs in, then i would reckon its a strike out against the defence LOL

 

Hey freaky

Hello :p Are we suffering

CM