Help Me With Hsbc

[melsteph]

I could do with some help and guidance. Have not posted on site before. Have recieved allocation questionaire and am unsure how to proceed.

1. Should I complete and send with the fee.

2. Contact DG to let them know once I send will then charge additional £100.

3. Wait until I hear from the courts that DG have been back in touch.

Please help me I am very confused as different people seem to do it differently.

thanks

[Castlebest]

Hiya Mel, you will have a return date for the AQ, make sure you complete and return it to the court by that date.

 

Have a read of this thread to see what else you should do

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

pete

[lateralus]

here's my stock answer for the aq - check the deadline and don't miss it..

Originally Posted by lateralus

Example Step-By-Step Instructions

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

[melsteph]

Thank you for advice both have now completed AQ but have so far had no contact with DG so will send a copy of my charges schedule should I also inform them that I will now be adding a further £100 to total claim due to fee payable for AG?

Thanks

[melsteph]

I have now sent letter with schedule to DG, have also clarified amount of claim including additional £100 and the 8% intrested per day from issue to settlement. What do I Know? Wait for response or contact the courts when the allocation questionaire date has been reached to see if DG have submitted thiers?

Mel

[lateralus]

yes, follow this thread:When you have filed your AQ................

post 1...... ring the court just after the deadline

and nudge to dg every 10 - 14 days

[melsteph]

long time since last post am now in reciept of a court date for the 11th October and have to send to both defendent and court all docs needed for trial by 6th sept. What docs will I require? How many people have had to go through with trial to date? As I didnt print any copies of the bank statements at the original time of claiming my charges I will now only be able to get copies back to Aug 2001 but am claiming from 15/3/01 will this cause a problem? thank any other advise would be great.

[melsteph]

sorry just another question should I write to DG as in my case they have been given an extra 14days for their bundle, I have never recieved any correspondence from them.

[Audreygreeneyes]

ok mel oyu need to go to this link.........http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

I ave nto done a full one , just a mini version but lattie, freaky, and Pete and Jo to name a few have all done them. so if oyu need more help they will be about to answer you am sure........

[Audreygreeneyes]

you have to sedn the court and DG a copy of the bundle............ it is approx 200 pages x 3 = 600 give or take

[melsteph]

thanks.should I send a letter to DG reiterating settlement to save wasting courts time first or just wait until closer to my deadline for the court bundle?

[jowalshy]

You can try but I don't think they will answer you. Just remember that if you do send a nudge to DG asking them to settle to include it in your bundle.

[melsteph]

Am now getting organised with court bundle as deadline is 6th September, DG have until the 20th September and court date is set for 11th October. Have been reading through threads about stays and the possibility that DG will wait till court date and then request a stay. Do I just continue with filling my court bundle and see what developes?

[lateralus]

absolutely - even if you get word from them that they are requesting a stay (you send them one back saying you are requesting a 14" with pepperoni and pineapple!) just carry on as normal with that trusty letter to get a stay lifted at your fingertips. get back if you've any probs with the bundle.

[melsteph]

Thanks, Think I am all prepared with court bundle have included statement of evidence, all correspondance claimant and defendant. SHOULD I INCLLUDE ALL COURT CORRESPONDANCE? charge schedule and relevent bank statements ALTHOUGH DUE TO THE FACT I STARTED CLAIM IN FEB AND CAN NOT GET COPIES OF STATEMENTS FROM FEB 01 TO AUG 01 WILL THIS BE A PROBLEM? Relevent caselaw, early day motion, Dunlop v New Garage, UTCCR, UCTA, SOGA, T&Cs, OFT Statement and BBC Commission. DO I NEED TO INCLUDE ANYTHING ELSE OR WILL THIS BE SUFFICIENT? Thanks again hopefully all over soon.

[lateralus]

don't think you need to include court correspondence.

don't worry about it - they are listed on your schedule and my thinking is because they have taken so long - it would be more for them to disprove than for you to prove - you've asked back and listed them in good faith.

just a list of settled claims -

Litigation Section - View and print out litigation spreadsheets here

i'd just use the hsbc ones - and i'm told if you put it on a larger font it will print better - maybe a sub-section of claims which have been settled since the oft announcement - there is a list on discussion thread - Judgment granted then DG tries it on....(1 Viewing) (1 2 3 4)

page 3 (this proves that even though they say they aren't settling claims since then - they are).

 

then just put it together - 3 copies - bound on the left, title page and index - all pages numbered (probably by hand).

check the link for the court bundle thread in my signature just to make sure it's all there.

[melsteph]

thanks for advice have now printed off successful claims, have taken a note of all the claim numbers of cases settled after the OFT announcement but are there any further info on each claim ie date of settlement, and sum claimed? This will just neaten my spreadsheets to have same content thanks.

[lateralus]

not that i'm aware - how about putting all the others then saying and these claims have been settled by hsbc since the oft announcement and just give the numbers.

[melsteph]

Am I right in the understanding that going back to original bank correspondance, if it states without predjudice on the half price offer it should not be placed in bundle?

How is the recommended way to secure bundle?

[freakyleaky]

Hi Mel, yes anything with "Without predjudice" can't be used in court! You can use whatever you have to hand to bind your bundles. I used a hole punch and a lever arch file. One person phoned the court and was told to use a piece of string!

As long as it keeps it all together!

[melsteph]

Have sent of court bundles this morning spcial delivery to arrive am tomorrow, whilst checking through my dirrections to check I hadn't missed anything noticed at the bottom it says

 

"6) SETTING ASIDE ETC ORDER OF COURT'S OWN MOTION

Any party affected by this order may apply to the court to have it set aside, varied, or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order.

DATE: 13th August 2007"

 

Is this standard on all directions or does it mean that DG will not be able to now ask for a stay?

[freakyleaky]

Not sure on that but if it is standard then I wonder why the courts are allowing them to ask for stays on the day of the hearing?

Vert interesting! I will look into that a bit more closely!

[lateralus]

they will probably say they sent it to the wrong court - it's their new excuse.....

[melsteph]

Have this morning recieved the letter from DG letting me know that they are applying for a stay. Letter was dated yesterday am going to ring warwick court up when it opens concerning the dirrections previously given concerning application for stays within 7 days any advise would be good. Thanks

[freakyleaky]

Well according to my maths they should have applied before the 20th of august. So yes ring the court and point this out to them. I would also have this information ready to inclue in your objection to the stay once you have official confirmation from the court.

If you don't hear from the court prior to the hearing then be prepaired for dg turning up on the day to apply for a stay.