andypadd v HSBC **WON**

[lateralus]

ok, so press the button - what does it say?

[andypadd]

it says they have 28 days from date of service, not date of issue.

[lateralus]

so, it's saying it's not time yet - press again after midnight or wait until tomorrow - press it once each day til you get something new - if nothing by monday - ring the mcol helpline just to ask what is happening with it - they are very helpful. it should be 28 days from the date of service. it is deemed to have been served 5 days after it was filed. so you can figure 33 days from the date you did the mcol.

[andypadd]

you are a star,thanks...again

[lateralus]

you're welcome!

[Castlebest]

on your notice of issue it will have a deemed served date, thats when you start counting the 28 days.

 

pete

[andypadd]

thanks pete

[andypadd]

its gone very quiet had nothing from the court since 28 days were up,is it best to call the northampton court or d.g,or shall i just wait like mcol says.any advice would be a great help

[lateralus]

so, what does it say on the mcol - that you can't proceed any further - that would be because they submitted their defence. if so, when is it dated, 3-4 days after they submit their defence - you should receive notice of transfer to local court along with a copy of their defence. if form holds - the aq's are now being dispensed with.

each local judge has a number of options on how to deal with it so, it really is a matter of watch and see - but on the other side - the dg side of things - you can now start with nudging them a little - by letter - my advice is one letter every 10 days to dg along with a breakdown until you get an offer. see the two aq threads in my signature for ideas for the letters.

 

back to the court stuff - if it's not been defended - you could press the button if it allows - don't get too excited if you can as the courts regularly allow them an extra 7 days to defend (why?????), so try to press the button, if it's defended watch for paperwork - if none comes after a week ring mcol and ask what's happening and if it does get to you - see what it says and get back here for more advice - but in the meantime - start your first letter to dg.

[andypadd]

its been a week since they defended and havnt had anything from court to say its being transfered to walsall court,would u advise a call to them.

[lateralus]

i bet you get the paperwork tomorrow or friday - wait til friday to ring mcol.

[andypadd]

thanks:)

[andypadd]

notice of transfer arrived today,i must say your good lateralus ha ha,now can you give me the lottery numbers aswell.going to send d.g a letter every 10 days, will walsall county court get in touch with more details of next stage? when should i contact court about aq fees

[lateralus]

give them a full week - so say friday next week - and them give them a ring to see if you need to be doing anything or if they have anything to tell you and enquire about the aq fee - if it will be payable.

 

and if i had the numbers for sat. night - i'd share them with you!

but i'm getting better - i've had 2 tenners in the last month - after about a yearlong dry spell!

[andypadd]

aq came today has anyone got a thread with nudging letters and filling in aq please

[lateralus]

here you go:

 

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.

 

 

 

and as for the nudge letters - post 1 of my two aq threads in my signature below.

[andypadd]

yes ive sent d.g and n'pton court a breakdown of my charges when i started my mcol,

[lateralus]

yes, that advice is at the bottom of my aq info - so i just left it one. so, there's how to fill out the aq - need any help get back.

[andypadd]

is it best to hand in my aq asap or at last date possible and how many cpies of the aq should i make

[andypadd]

do you send a copy of your aq to d.g

[andypadd]

last day for aq tomorrow,have i got to take some coppies for dg and future refs and can my partner take it into court

[lateralus]

yes, yes, yes

keep a copy on file (or computer) and yes, send a "courtesy copy" to dg and if she's got the dosh and you've signed the form - i'm sure she can.

[andypadd]

claim for 1400 so no fee,thanks

[lateralus]

good time for a letter to dg - there's one nearly ready for you in there - they are in post 1 of my aq threads - in my signature.

wait a day or two passed the deadline for the aq and ring the court to see if dg submitted theirs - then write a nudge - and send them a courtesy copy. can't add on the fee - so just letting them know you've filed and they have/have not.When you have filed your AQ................

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

[andypadd]

phoned court no aq off hsbc they said it will be 4 weeks before i here from them(the court),sent 2nd letter and made calls to dg,ive had no offers or return calls and now on the news it says going to court is like a lottery for us,what more can i do