a defence has beeen filed!!!

[jj151201]

help......

I've waited ages for my details to be added, but nothing has been sorted yet but i really need some help, we have received a notice of transfer of proceedings saying that a defence to this claim has been filed, what do i do now, it was dated 23/5/07

im getting very nervous as i feel out of my depth now, i also feel a should have been more specific on my initial claim

 

many thanks in advance for any help

 

jj151201

[jowalshy]

Calm down....Don't painc. It just means that your case is now being transfered to your local court. If you haven't heard from your local court (details of your local court should be on the notice of transfer) after a week, give them a ring and see what is happening. Now is the time to start nudging DG into settling your claim.

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

20th April 2007

 

Re: xxxxxxxxxx - v - HSBC

account no: xxxxxxxxx

claim no: xxxxxxxxxxx, Filing date:xx xx xx.

 

It has come to my attention that as of xx April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

[jj151201]

oh jowalshy thanks for replying,

please be patient as i feel i don't fully understand what you have said,

with this transfer i received 3 other sheets of paper, one stating ......without hearing it is ordered that the filing of an allocation quest be dispensed blah blah, another 2 sheets headed defence and counterclaim...

and who are dg solicitors??

i have already prepared the paperwork for an amendment as my original claim was pretty poor and fact-less so i was preparing to provide that first???

 

am i going horribly wrong somewhere

 

so grateful you replied thank you

[jowalshy]

Right the first sheet is MCOL informing you that they are dispensing with the AQ, but it is entirely up to your local court as to whther one is needed to be completed. The other sheets are a copy of the defence that DG (HSBC's solicitors) have submitted for you to look at. What did you put in your original papaerwork to make you think that you have gone wrong somewhere. Post the details on here (omit personal stuff) so we can have a look at it and see if you need to do an amendment.

[jj151201]

now don't laugh........word for word this was what i wrote

POC

i would like to claim back my illegal bank charges. HSBC have not responded to any letters sent for the initial claim of £508.50. these are a total of charges for the last 6 years......

shall not becoming a solicitor in my next life lol

we have completely prepared all the other paperwork printing off all the right papers etc in anticipation of amending

 

jooles

[jowalshy]

Well your POC is very short and blunt and no I am not laughing at all. As for your amendment, I am not sure whether you can at this late stage. Try PM'ing Lattie or a moderator (that is sending a private message, go to main CAG page where it lists all the banks - find a moderator I think they are the green or pink ones - Lattie is Lateralus) for advice on this one.

[lateralus]

you've just caught me jw, was going to pack up for the night as i'm not feeling like i'm with it just now - but i#ll tackle this one.

jooles - the paperwork you received is all perfectly normal.

1 is transferring your case to your local court. that's fine

1 is telling you that an aq won't be required. that's fine, too

the other paperwork is from dg solicitors acting on behalf of hsbc and it is a copy of their defence which they have filed and the counterclaim probably relates to your particulars.

 

 

now, those particulars are really out to lunch aren't they?

so, that's the only thing that needs attention - yes, you will have to file an N244 to amend and it will cost £35 but at least it will be correct.

So, here's the N244

Form N244 - application notice

 

And here are some step by step instructions for filling it out:

The "Claim Too vague" defence and guide to amending a claim

 

 

And this is the template for the new particulars you are going to use - filling in your own information:

4. Particulars of claim - N1 - hard copy version

 

 

So, that's the first bit. I think i'll post so you can look at it and put a bit more in a few minutes.

 

 

 

ok, now you need to make sure that your breakdown is up to a reasonable standard - that's the list of the charges which you include with the N1 (if you file by mcol- you can't attach the breakdown so we advice you to send the breakdown to the court and to dg during the 28 days you are waiting for them to defend - i'm sure you didn't do that - so let's make sure your breakdown is in good order to be attached to the n244 amended poc's.

 

the breakdown needs to be a list of every charge that you are trying to reclaim from the oldest down to the newest and each and every charge should be shown with this:

DATE,,,,,,,,,NAME OF CHARGE(like it says on the statement),,,,,,,,

 

AMOUNT,,,,,,,,,,INTEREST

 

now, ideally this will be on a spreadsheet - is it? if you did a spreadsheet then fine - just make sure that each charge has a name (not just charge - it would be "total charges" "recall s/o-d/d", "card misuse", whatever it is callled on the statement)

 

so, once the breakdown is in order and the poc is in order - the breakdown should be attached to the n1 (amended ) and submitted to the court.

 

you should also send (when that is all taken care of) a new copy of your breakdown to dg - their address is on the acknowledgment of claim (page2).

and when you have done that and are back on track -

write to dg - use this threadNew---after 28 Days - Maybe No Aq!!!!!!!

post 1 for ideas what to say to dg when you write to them.

 

just one further point - when the court approves your amendment - they will send it back to you and it is up to you to re-serve the paperwork to dg - and then there is one further form to fill in and send to the court -

that is all covered in that "claim to vague" link above - print out the bit about amending a claim so you get it all correct.

 

you are quite a good ways to getting your money back - but you've just not done it quite right and it does need to be corrected. it's a very good thing that you realised this in time.

so just get going and get it fixed. it's a little hurdle - not a major one - ok?

[jj151201]

hi lattie (fellow hull person)

i have actually already filled out all the forms you have quoted, should i take it in town with my fee?

i note you were ready to call it a day, shall i contact you at a later date?

jooles

[lateralus]

no, i'm still here for the moment -

just check that it is spot one with the links i've sent and that the breakdown is as well. when you are happy with both - take them to the court (tuesday, i guess they'll be back open) with your fee.

good luck - again - it's really good you picked up that they weren't good enough or your case may have been thrown out - this should put you right back in the game!

[jj151201]

OK, so a look at what you have wrote and the only blob I've still made is the charges i have only dated and stated the charge not what it was applied for? and i haven't done it on a spreadsheet, just a bulleted list?

does it have to be perfect?

with regards to the amendment papers i have an n244, a bank charge interest calculation sheet off MSE, a sheet printed in red as they requested, quoting unfair penalty clause etc and my original claim form with my POCs crossed out and i put please find attached etc

another query i have on my original claim i was asking for £588.50 but after the amendment i have asked for £732.67 inc interest will that be OK?

 

appreciate your help thank you

[lateralus]

yes, it's ok to change the amount as you are already amending it - but the breakdown must be done properly - even if it weren't on a spreadsheet but just listed out - although the s/s would be better - but the charges need to be called whatever they are called on the statement, it really needs to be done that way - that is one of the failings of the mse site - we've seen loads have to amend to get them right - and you are already paying to amend - so get these right.

 

i hope you checked out the links i sent and didn't just go with the mse info - because once again it's their poc's which have been called into questions before - be sure you use this one for the new poc's:

4. Particulars of claim - N1 - hard copy version. and check those other links that you've covered all the bases.

[jj151201]

back to the drawing board and a job for tomorrow i think looks like im changing my POCs lol

shall be back in touch lattie.....i have a large glass of wine with my name on and i suggest you do the same you've been a great help so have a drink from me:grin:

jooles

[jowalshy]

Thanks Lattie, you're a star.

 

There you go jooles - all is not lost. Good luck and if you have any problems at all, just shout.

 

Take care

 

JW

[jj151201]

hi lattie

can you just confirm something for me although i have already filled out a claim form that looks just like the n1, is it different due to the fact im amending? didn't get it done yesterday im just tackling it now lol

thanks in advance

[jj151201]

OK so i have sorted out my n1 to be attached to my amendment, i have deleted the bits about claiming overdraft interest but im worried i haven't deleted any other reference to it, I've left the bits in with regards section 69 is this right? and do i fill in the bits in the white boxes at the bottom of the first sheet....defendants name and address and amount of claim?

 

*takes a breath*

cheers

:confused:

[lateralus]

yes, fill it all in -

here's the defend name and address:

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

and amount of claim.

 

every step is covered on here:4. Particulars of claim - N1 - hard copy version and i only see two references to o/d interest - so leave them out.

 

yes, the s69 interest is the 8% the court normally allows.

 

and follow all the instructions - number of copies, fee, etc.

 

 

just go back to post 7 and check those three threads - if you follow them - you'll have no problem - it will be spot on.

[jj151201]

hi lattie

i had originally put paragon square so have left it that as their seemed to not be a problem, everything seems to be heading to the same solicitor and i have printed them off now. do you know you mentioned that spreadsheet thingy with regards to charges is there a link somewhere on this site or do i have to concoct my own, im not real good with spreadsheets!!

 

sorry to keep bothering you

[jowalshy]

Hi jj here is the spreadsheet link for you. Just pick one. The basic ones just calculate the charges + 8% interest and the advance work out the porportion of overdraft interest you can claim. Just type over the information that is there already. If you delete the info you will also delete the formulas.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[jj151201]

Thanks Jo

its very similar to the printout i did from the MSE site baring our personal info at the top and for some strange reason that one works out the interest differently?? yours makes the figures slightly more but i have done all my printing out now, should i go with what I've got or start it all again?????!!!!! gosh its very draining isn't it?

 

thanks for helping on saturday too, i was at the point of chucking it all in

[jowalshy]

Don't forget the interest is calculated for today. Tomorrow it will be higher because it takes into account the time since the charge had been levied to the current date. Once you have done your schedule, do a few printouts so that you have them ready to send off to DG etc at various times and as this one will be the one for your court claim it saves changing the date on your computer at a later date so that the schedule agrees to your claim.

[jj151201]

i had already printed 3 copies when i did it originally, i shall just scan one now to save to the comp, id best just stick to my original figures, how dozey am i, didnt think about the amount going up! they wont argue about it being less than it could have been surely?

[lateralus]

two problems that i'm aware of with the mse spreadsheet - one i'm told you don't put your account number on it - so put it on anyway and two, it just tells you to put '"charge" and it really needs the name of each charge as it shows on the statement - so if you can take care of those probs with the old s/s - go ahead and use it

[jj151201]

well how I've done it i don't know, but i have just scanned the MSE one opened it up in paint and edited it with name address account no etc and on looking at old statements, it just quotes TOTAL CHARGES so have edited that in also.....woo hoo go me.... ooh i think im almost ready to go although seem to have half the rain forest on my desk lol

 

please tell me i have everything in order, do the court go thru the papers first before taking them off me just in case i have to much paperwork just very nervous of forgetting anything

[lateralus]

generally, the court peeps are very helpful - just politely say - does this look ok to you and they usually fall over trying to be helpful. after you've filed it and the judge has a look and oks it - it will come back to you and it's on you to re-serve it to dg (recorded delivery mail is fine) and then one further form to fill in telling the court you've done it - but it won't come back to you immediately - probably take at least a week maybe two - ask when you take it in how long it will probably be before you get it back.

[jj151201]

ahhh

am gutted had papers in hand all prepared, went to the court and SHUT, flippin typical now I've got to hope i can get there tomorrow, was all psyched up hope this is not an omen lol