Shimell - v- HSBC Bank plc

[Jezanator]

 

 

Re: hello to all fellow correspondents

Follow-up

 

I made my claim via the N1 application to Court,complete with list of charges, including interest & court fees, amounting to some £1,895. I have heard today from the Court that HSBC "indicate an intention to defend all of the claim".

 

So, I await to see what happens next has I wait the 28 days for them to file a defence.

 

I must admit to a few butterflies at the thought of perhaps appearing in Court, but in for a penny in for a pound, as they say. Yikes !

 

Jezanator

[PPMAN159]

As they are defending the claim the 28 days start from the date that the claim was deemed by the court to have been served on HSBC.

 

So check your paperwork and find out when it was served and calc 28 calendar days from then.

 

You should not have to appear in court as it is more than likely that HSBC will settle before then.

[lateralus]

and here's a little something for you:

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, 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:

 

 

Quote:

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. Their name and address will be on page 2.

 

 

Quote:

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,

[pinkduchess]

hiya jez

 

it is abit 'yikes' but you will have a lot of support here

 

good luck

[lateralus]

jez, just saw your thread in the q & a section - we can help you here and it is more bank specific than getting your info on the other thread - so any more questions - feel free to ask and we will try to help.

 

as for your court stuff - it would be helpful if you were to print your court directions here for us to take a look at and advise how to proceed - just xxxx out personal details. we'll watch for them.

[Jezanator]

Hiya Lateralus and many thanks for taking the time to look my stuff over.

 

I am claiming just under £2000 fro HSBC bank for excessive charges for going overdrawn and have followed to the letter all the procedures listed on here.

 

The bank are defending and DG have sent me what I consider the 'standard' reply contesting. Interestingly signed from a legal executive and not a solicitor.

 

Anyhow, taking advice from this site I have sent a draft order of directions for the Judge to consider (using the standard document on here). At the same time, I sent a nicely word nudge letter to the said legal executive, suggesting they might like to consider paying up now, and enclosing a copy of the draft directions I had sent to Peterborough CC. No reply and I have not since followed this up - should I?

 

Anyhow, today I receive from P'boro CC a 'Notice of Directions' saying that the Directions will take place on 17 Sept, when I should attrend and that 10 mins has been allowed for Directions. (And that the case may be relased to another Judge in another Court).

 

My question at this stage is do I now have to get ready all the bundles for this date (within I thought was 14 days of this Direction?), or do I just turn up.

 

Not a problem if I do have to get my **** into gear now, but I am not too sure what to do next.

 

Whilst writing, I have been staggered by the sheer helpfulness of all you guys helping us novices out. I will send a donation just as soon as I get my money lol.

Cheers

 

Jezanator

[lateralus]

if there is a standard direction - it is to produce the documents 14 days before the court hearing to the court and to dg - but with all local courts doing their own thing - we've seen everything from - get it in next week - to bring it along to the courts and everything in between - 14/21 days from the letter, 7/14/21 days before the court date, etc.

 

so, if what you've put is all there is - then there is no need to do the documents - (does it not say a preliminary or allocation hearing - no clues at all?) i'd ring the court and ask if you will be receiving further directions or if they can explain what type of hearing it is and what you need to bring and/or send in beforehand. they are generally very helpful at the courts and will tell you. i'd not go empty handed even if they require nothing - i'd probably prepare a sort of mini bundle and send it off to dg in hopes it would spur them into action.

 

a nudge every so often to dg does no harm and may help - so next one - refer to your court date.

 

but ring the court about the other and get back if we can help.

we like doing it or we wouldn't be here!

 

 

 

 

 

ok, just re-read yours and now my glasses are working it's a directions hearing - so follow garyh's advice on this thread for that type of hearing: GOT A COURT DATE? A guide to the later stages no need to send it to dg - but as i say - nothing moves them faster than the bundle - full or mini (which is what i'd class yours) - so no harm telling them now that you'll be prepared with all your documents.... blah, blah, just nudge with the court date for now

[Jezanator]

Hi one & all

 

Apologies for adding this onto my old thread (am taking HSBC to court too !), but my brain has gone mushy and I can't find on screen how to add a new post (yes, it's been a long day lol).

 

Okay now for this one. I have gone all the way to the point of filing a claim against Lloyds for excessive bank charges and it has gone to Notice that Ack of Service Has Been Filed, saying Lloyds indicate an intention to defend, with 28 days from the date of service to file a defence (service dated 13 June).

 

[problem] in Brighton are acting for them, but I might be going mad but I am sure I have not yet had a copy of Lloyds defence and now their time is up.

 

What do I do now - do I call the Court or write to [problem]. Does this mean that as they have not filed a defence then I might have won?

 

Jezanator

 

ps thanks in advance for any replies.

[lateralus]

right, jez - here's your ticket to a new thread on the lloyd's forum

if you filed an mcol on this one - then try pressing the judgment button - if they have defended it will say defense or it will say you can not proceed with the claim on -line. if you filed by n1 at your local court then ring them and ask if lloyds have defended the claim.

we all have moments of mush brain - d on't worry about it - but you def get better lloyds advice on that forum

good luck.

[Jezanator]

Hello me again

I have a Directions hearing with HSBC scheduled for 17 Sept. I have followed to the letter the draft order of Directions for the Judge to consider and having sent that I received the above notification of the Directions Hearing.

 

Now, Having read the link, and re-read the link on what to do now I just want to confirm:-

 

(a) That I turn up with all the information already submitted.

(b) That I would not be expected (or would I?) to submit Court Bundles 14 days before the Directions hearing? I though I just had to do that before the Hearing itself, date which has not yet been set???

 

Oh and with your good advice I have sent a nudge letter to DG - oh and guess what - they have ignored it. True to form suppose.

 

And last question...

 

Has anyone got to this crucial stage with the HSBC bank in particular and have they turned up for the Directions hearing? I am assuming that if they do not turn up, I win by default?

 

Many thanks for any replies I get.

 

Cheers,

Jezanator