Taking on the Mighty HSBC

[askus2]

Hello.

 

I only found this site today and would like a little advice.

 

I gave HSBC 14 days and then started proceedings with MCOL on 4th May. MCOL says it was issued 8th May.

 

I am a little unsure what I need to do next? At what stage (date) do I request a default ruling? I have read 14 days and I have also read 19 days, so I am a little confused.

 

I have Claimed nearly £4K which I am guessing they may try to defend rather than pay. What should I do to prepare for further court action?

 

Thanks in advance.

 

Andy

[rob-the-viking]

askus.

 

Welcome to the forum. Now that you've filed you MCOL, the bank have 14 days to acknowledge it, once they have done this it then buys them a further 14 days in which to enter a defence. So you're looking at 28 days in total. The bank usually enter a defence at the last possible minute! What I'd do is around the 27 day mark, go the the MCOL site and try to apply for judgment. It won't let you if the time hasn't run out so don't worry about clicking on it every hour on the hour!! I'm hopeful for you but it's quite rare that the bank don't enter a defence.

 

Once the bank have entered a defence you'll get a notice stating that a defence has been enetered and a notice of transfer moving the case to a court in your neck of the woods.

 

hth

 

r-t-v

[pinkduchess]

heres some reading for what may come next.

 

New---after 28 Days - Maybe No Aq!!!!!!!

[askus2]

Hello.

 

I have logged into MCOL this afternoon, and my claim has been acknowledged. can anyone tell me what I need to do next, and what HSBC are likely to do?

 

All your help is much appreciated, and thanks in advance

 

Andy

[pinkduchess]

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:

 

 

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

[askus2]

Hello.

 

I need some advise please.

 

As above I filed my Claim on line, this has now been transferred to my local Court.

 

My Court Date is 17th August. What do I need to take with me to the court? and is there anything else I need to do?

 

Thanks in advance.

Andy

[jowalshy]

what sort of hearing do you have at your local court and have you been given any directions? Would it be possible for you to post up what it actually says on your notification from your court regarding your court date?

[askus2]

The letter says.

 

Notice of allocation to the small claims track (hearing) in the Blackpool county court

 

Deputy district judge Wilson has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 14:00 hours on the 17th Aug 2007.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts reports) on which he intends to rel inthe hearing no later than 14 days before the hearing. the original docs shall be brought to the hearing.

 

*********************************************

 

I have also received a letter from DG. They are telling me thet are going to apply to the court for an order to stay the action until resolution of the banks proceeding with the office of fair trading. and asked the FOS not to proceed with any other case they are hearing until the test case is resolved.

 

Is this going to delay things further or are they trying to put me off?

 

Thanks in advance

 

Andy

[askus2]

Hello.

 

My court date is not 3 days away, any help would be appreciated.

 

Thanks

[freakyleaky]

Application for removal of staty Have a read of this thread regarding the application for a stay.

Are you ok with what you need to take to court?

[freakyleaky]

GOT A COURT DATE? A guide to the later stages

[askus2]

Hello

 

Is there a statement of evidence that I should use for HSBC? the one in the link is for TSB.

 

Thanks

[freakyleaky]

You can find a link for SOE in the first post of this thread! court bundles for dummies