Mattee77 Vs HSBC

[MATTEE77]

I have found all the information on this web-site so helpfull in trying to reclaim my charges, Thankyou. I am currently on the nudging stage i have been allocated a cout date and i have sent my first nudging letter. My actual court claim with MCOL is slightly higher than it should be because i calculated my interest wrong ....Claim is £766.91 inc fees. The correct amount with court fees is £671.56, I have emailed and wrote to Kate Eaves at DG to inform her of this and as you can guess i have recieved no contact whatsoever from HSBC or DG from day one. My case has been transferred to my local court , Do u think i need to amend my case to adjust figures. I read somewhere in a previous thread that it shouldnt matter. any suggestions?

[MATTEE77]

p.s i have recieved the letter stating i do not require an AQ

[MATTEE77]

On my notice of hearing it says will take place on 21st august at stoke-on-trent court etc... 10 mins have been allowed for hearing Please note. this case may be released to another judge or court AND THATS IT!

 

has anyone else had this. will i recieve another letter. stating when my papers have to be in (court bundle)?

[freakyleaky]

Hi matee, you should have been told on your notice of hearing when you needed to get your bundle in by. Ring the court and ask them if not. It is a bit late to be ammending your claim now but you could send an ammended schedule of charges to the court and dg. Have you checked with your court to see if the allocation fee is still payable? Some courts still charge even when it is dispensed with.

[MATTEE77]

you would not believe how basic the letter is all its got on it is what court and what time on a scrappy bit of paper. I will take your advice and give the court a bell. I have sent an ammended schd to DG but not to the court....hoping i wouldnt need to. should i just put on the court letter - Dear Sirs, Please find attatched an amendment to my schedule of charges.

[jowalshy]

You had more on yours than I had on mine. All I had was a notice of a preliminary hearing at 10am on 25th July. Nothing about that it might be released to another judge.

[freakyleaky]

Thats fine for ammendment "Please could you attach the enclosed documents to my claim, number ********"

Something like that.

Yes ring the court!

[MATTEE77]

Hi I have rang the courts as you asked, the fee has been dispensed with...Yipee! The court said it is only a preliminary hearing. She said i dont need a court bundle at this stage, but anything i wish to add to support my claim needs to be in 2 weeks before the hearing (21st August). Should i do one anyway?

[freakyleaky]

Yes I would. Lat has suggested a mini bundle but as long as it has the nitty gritty in it you will be fine. Just shout if you need help!

[MATTEE77]

Ok, So where do i go now, My hearing on the 21th august (nearly a month away) I have sent two nudging letters, Shall i put in a mini bundle now. i have heard alot of cases get resolved once the bundle is in!

[MATTEE77]

HELP! can someone tell me what i need to include in my Mini Bundle. Do i just post it my local court?

[MATTEE77]

anyone got any advise for my court case, its less than 2 weeks away, and getting slightly nervous. What do i need to take etc

[freakyleaky]

Mini court bundle

 

shcedule of cahrges

t&c's for hsbc

all correspondence regarding claim

New particulars of claim.

 

 

Thats just for starters. I have to go out but will be back later. I am sure others will jump in and help in the meantime!

[MATTEE77]

I wont be sending in my mini bundle now it has passed the two week deadline, just wanted to know what i should take with me on the day

[jowalshy]

I would send your bundle to DG with an accompanying letter saying:-

 

I refer to our preliminary hearing in this matter which is scheduled for the xx.xx.xx at xxxxxxxxxxxx County Court.

 

Although this matter is listed for further directions and preliminary hearing and papers have not been requested at this stage, I am enclosing with this letter the papers that I will be presenting and evidence that I will be calling upon at this and any future hearing.

Get it to DG as soon as you can. Have you contacted the court to see if your hearing is still going ahead?

[MATTEE77]

I have had a letter this morning from D&G saying they are putting a Stay on the case, This letter is not from the court so am i right in thinking that i still go unless i get a letter from court

[pinkduchess]

Application for removal of staty

[MATTEE77]

Great, so do i post the 2nd draft or just take it with me to court.

[MATTEE77]

Help, my case is next week, what action do io need to take to remove the stay by D&G

[freakyleaky]

Post it to the court. I think you have to post a copy to DG aswell but I will double check. Post by special delivery to arrive by 9 or 12 oclock the next day.

[MATTEE77]

I have just posted a copy to both the court and D&G my case is next tuesday so fingers crossed its resolved in time

[MATTEE77]

I have just rang the court and my hearing is still taking place tommorrow but there is a huge possibility that the judge could still action the stay applyed by D&G, any thoughts/Help

[MATTEE77]

really considering not to go tommorrow with the stays, have not got my mini bundle together (busy week), have'nt got a clue what to do or say when im there, I feel lost

[pinkduchess]

bump

 

fell really bad for this one - no replies

 

can anyone advise??

[freakyleaky]

You must take all the information you can gather regarding to the facts of your claim. Take all your statements showing the charges. Take a copy of your particulars of claim. A copy of your schedule of charges. A copy of previously settled cases from the litigation section (just hsbc settled claims).

If you have not been asked for a full bundle then the judge will just want to see the nitty gritty of your claim and the way you have arrived at the final ammount.

A full bundle would have been better but it'sto late for that now unless you stay up all night printing.

Try and find a copy of the terms and conditions relating to the period you are claiming for and highlight section 7.13.

Also take a copy of the application for removal of stay.

 

I am sure you will get more help regarding what you need to take with you before the morning. I am sure pete will be around soon and give you some more help.