HSBC court action

[gemiali]

Hi everyone, my first thread and hope to get some advice and support from some of you guys who have been there or going through the same or similar. Getting pretty stressed at the mo! I hadn't heard of DG solicitors and the cut-off date was Thursday to either defend in court or offer. Anyway, called the court yesterday and heard that DG had been in touch with them on the last day and WERE going to defend. The nice lady at the court said she is bogged down with these types of cases at the moment but my case was in the pile and i will hear from them within the next week or so. That's fine but am nervous about A going to court and B all the paperwork, forms etc etc that people are talking about on this site who are ahead of me. Should i be doing anything now or is it right just to wait and hear from the court? Have a nudge letter ready in draft to send to DG, is this a good time to send it with a copy of all my charges. Any help very much appreciated! Thanks people!!

[lateralus]

hi gemiali,

you've done very well to get this far without posting and asking for help.

it looks as if you've done everything you should so far.

yes, it would be a lovely time to introduce yourself to dg by way of a nudge - just say simply -

 

DATE

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Ref: Account No: xxxxxxxxx

Claim No: xxxxxxxxxxx

 

Dear Sir

 

I understand from the court that you have defended this claim. Please attach this accompanying schedule of charges to my claim.

 

Please be aware that I will require xxxx.xx to settle this claim and halt the court proceedings.

 

I'm sure the courts would appreciate our settling this matter without their further intervention.

 

Thank you for you consideration. Please get in touch with me if I can do anything to clarify my position for you. I am hoping to hear from you soon.

 

Sincerely

 

 

 

xxxxxxxxx

 

 

anything along those lines would be ok.

 

 

 

I guess you've seen the two aq threads which deal with this time after they've defended - they are in my signature here - and post 1 on both have ideas for nudges.

Go ahead and send your breakdown with each letter you send.

 

you'll need to wait to hear from the court to see what kind of paperwork may be necessary - maybe none at all - but if there is any - we will help you get it together. and as far as going to court - no one has yet - any reason to think you are special?

 

good luck, keep posting

[gemiali]

No reason to think i'm special no Although i have been told by some i am a 'special case'...not v nice is it! Thanks for all that advice, will be sending my nudge letter asap so that 1 looks great, thanks. I have to drive past that DG solicitors EVERY day 4-6 times a day for work..aaargh, talk about getting annoyed! Feel like accidently on perpose dropping my crisp packets, cola cans and snotty tissues over their neatly trimmed hedge every morning Must get back to my burnt pizza! Cheers

[lateralus]

ooooh a hedge, i had pictured a very grey, dismal, sad looking place - no hedge - must change my image. no sign of netty or st24 is there? - inside joke!

[gemiali]

I am sure it is a grey, dismal place to work in with all us hastling them 24/7!! He he:razz: They got a soggy grape in the bush on the way home this evening, oops

[shrekkiegirl]

take a huge piece of the hedge with you.... probably our money that payed for it....come to think of it i could do with hedging my garden!!!! may have to walk by it myself with my spade and bucket!!

[lateralus]

i'm going to the nec for bbc gardener's world next weekend - might drop by myself - maybe a little graffiti for their wall??? hmmmm - now - what to put? must think about it!

[gemiali]

Have posted my nudge letter and fingers crossed..was polite but firm with DG. Shooowwwwwwwwww meeeeeeeeeee ttthhheeee moneeeeeeyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy!!!!! Hope everyone else is doing OK!?

[gemiali]

Hi people, can anyone help me, i have reached a confusing part of the process where the papers issued really don't make much sense!

I have received a Notice of Transfer Proceedings. The first page reads Please read accomanying doc's carefully and has crossed out/been penned through the rest of the sentance.. and note that the allocation questionare should be returned to Bham Court.

 

Then the 2nd page reads between ...... ........ and HSBC before Judge Murdock sitting at N'hampmpton court. Without hearing IT IS ORDERED THAT:-

 

1 The filling of an allocation Q'aire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise - an allocation fee may be payable in this instance.

 

Then the next page is just a copy of Defence and Counterclaim that DG have filled in.

 

Anybody know what the heck i have to do now? I don't get any of that really. Does that mean i DO have to fill in an allocation Q'aire? where do i get it?? and does that mean even though it is now being dealt with at B'ham i need to send it to N'hampton??? Help help!!! :-| Thanks.

[lateralus]

it's old forms being used with new instructions -

no aq -

but ring the local court (b'ham) to see if the aq fee is payable.

the rest is standard stuff.

just have to wait to see what the local court does next -

and follow post 1 on my new..28day... thread

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

[gemiali]

Thnx, i will give the court a bell about payment and hope i won't have to pay. So just sitting tight then, right? How long do you reckon i could be waiting from now then? Cheers 4 the help!

[jowalshy]

I think that it depends on what you received from your local court. As they are all bogged down at the moment with all these claims going on, it may take a while for them to get in touch with you. Mine took approx 2 weeks. Your local court may give you a court date for either a prelim hearing or another kind of hearing and the date will probably be in either July or August. Just give your local cout a ring next week and ask about what is happening with your claim and also if you will need to complete the AQ, if no AQ do you still need to pay the fee. After you know what your local court is doing with your claim, we will then be able to advise you accordingly.

[gemiali]

Just read that thread you suggested..really helpful thank you!! and makes me feel more positive too. Like i said, will call the court and double check i don't have to do anything now with any paper work. Have sent the nudge letter Fri and will send another this Fri if i havn't heard anything. You are great great help and very appreciated.

[jowalshy]

Just don't worry that you don't get any respose from DG. Not many people do. Just keep nudging them every 10 - 14 days or so. Once you get something from your local court, we can advise you on the next process.

[gemiali]

Thank you thank you thank you!!!

[gemiali]

Called the court last week as i seem to be very static at the moment The court say i must wait a little longer as the judge can take upto 10 days on adverage to see and deal with a claim. 10 days was up Friday and still the judge won't budge. get the feeling they are VERY busy and probably fed up of these bank charge cases, just hope they arn't putting me to the bottom of the list because it's a bank charge case! The name of the Birmingham judge dealing with my case is, i am sure, the judge who threw out the Lloyds case..aaarrh!!! Interestingly, my boyfriend was claiming back charges from Lloyds, started 3 weeks later than me and got his money last weekat the point of court action! That was VERY exciting, especially as the Lloyds case was scaring everyone. Anyway, have sent my nudge letter nearly 2 weeks ago but don't really think i can do another as nothing is moving on, i'd only be able to say the same thing to DG. Is anyone else waiting? for B'ham court date? and any advice for moving things along? Don't think i can do ANYTHING at the mo, very fraustrating zzzzzzzzzzzz

[lateralus]

judge murdoch isn't the one who tried that lloyds case.

you could ring the court again just to ask if the allocation fee is payable - some local courts ask for it and some don't - good excuse to ring.

as for dg - you can nudge again or wait for the next news from your court and then nudge.

[gemiali]

Thanks for that. Have had post today, yipee!! THINK it's good news. Can i relay the letter and see if anyone else has received anything like this as i ddon't think it's the norm.

 

Before DISTRICT JUDGE COOKE sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDRERD THAT

 

1. Allocate to small claims track.

 

2. Unless the claimant by 23 July 2007 file at court and serve on the defendant further written particulars of the claim specifying the name, account number and sorting code of the account reffered to, and a list of all the charges complained of showing the date and amount of each one and the stated reason for it, the claim shall stand struck out without further order. Copies of statements may be provided but they must be accompanied by a seperate list showing the charges in a convenient form for use in court. The claimant must when filing these particulars at court confirm in writing that she has at the same time sent copies to the defendant.

 

14 June 2007.

 

Is this good as it isn't going to court?? Will do all the above but would like to know if many others are having to do this. Do you think DG will bother to do this or will they be encouraged because it isn't going to court the usual way??

 

Cheers people! x

[lateralus]

mixed bag ------sort of good news/bad news

good news - your claim is going to be looked at

bad news - something is wrong with what you've already sent.

did you start with mse by chance?

what it is telling you is that your particulars of claim aren't up to scratch or possible it is your schedule of charges - possibly both.

not a problem - we are just going to fix them and send them - then the court will accept them and as the court is asking you to do this - you don't have to pay. and you must send the same to dg.

we won't wait til july - let's get it done now and sent off.

 

ok, let's do the schedule of charges first......

 

they should be done with your account number and sort code at the top.

you must show a list of each charge you are asking for and you must start with the oldest, list each charge by date, and the name of the charge as it appears on the statement (no good just saying charges - you must call each charge whatever the statement calls it - total charges, recall s/o-d/d, card misuse, whatever it is called; and you must put the amount.

 

let's use the simple spreadsheet found in the template library.

whatever you used before - it didn't fill the bill - this will.

one word of caution - did you include overdraft interest (meaning interest charges with a DR next to them on the statements) because if you did you must use the advanced spreadsheet - get back if you claimed overdraft interest charges - i'll send more info.

 

ok, that's the spreadsheet taking care of getting the schedule of charges in order. you'll now have your total and 8% interest for your claim.

you should actually make the date of the spreadsheet the same as the date you filed your claim - or the date you did your calculations before to come out with the same total.

 

now, let's take a look at your particulars of claim - whether you filed the N1 or the MCOL - your particulars of claim must contain certain info - there are templates for each in the template library.

I think you should use the N1 particulars of claim - so here is the link for the N1 particulars Particulars of claim - N1 - hard copy version.

just copy it out and personalize it with all of your information.

 

if you happened to have already used that - then get back as we will put in a witness statement or a statement of evidence instead of that one.

 

does this make sense to you - that either the schedule of charges or the particulars of claim may have been inadequate (like you didn't include the things in that link for the poc's in your original one or like the schedule of charges didn't contain things like specific charge names and you account number and sort code.

 

the reason i ask if you started with mse - these are common mistakes made by following that site - you aren't the first and won't be the last to have to clean up your claim for the court.

 

get back with any questions.

[gemiali]

Thanks for the advice. I will triple check everything there and re-check before sending it off, which i hope to do by the weekend..defo won't be leaving it till mid july - i want my money! Cheers for the help x

[lateralus]

and for my future reference - once you've had a good look at yours compared to the template ones - let me know what you think was wrong with yours - it will help in advising others.

[lateralus]

just saw this one - Please help!!!!!!! another court order from the Hitchin judge!(2 Viewing) just read it to see if it helps you understand what might have gone wrong with yours.

[gemiali]

Hi, I am very stressed at the mo, i have found all the copies of the bank statements i originally sent DG which as i explained in the earlier post i now have been asked to forward, along with a list of charges, to the court and send copies to DG. I have a huge pile since 2001 with about 100 pages of my statements but i can't find 2 of the pages out of ALL that lot. Have searched high and low but am very fraustrated that i have stupidly misplaced just those! The 1 page is 2005 so i could go to HSBC and get that sent to me but the other 1 (and sods law) is a page from 2001, March and now, thta's out of the 6 yr zone so they are not going to give me that page are they? So my pile was all ready to go and now i don't know what to do. Will the court be happy with 1 page missing or should i change my claim...very very annoying over 1 page! Very fed up with myself, thought i'd got it all moving Any advice? Since i started the claim i have incurred another £300 charges so i could add that on and restart. How do i do that? I have seen on the forum somewhere about what to do if you have mis calculated or need to change the claim, anyone know how i would do that? This seems sooo long now and am feeling a little disheartened i have to say. Help gratefully received x

[gemiali]

How can i get to the N1 link? Can anyone post it for me please. I have just noticed i didn't put in the reason for charges..could be why i'm having to do this and will have to re do it now because of that 1 page missing in my statement evidence...grrr.

[lateralus]

4. Particulars of claim - N1 - hard copy version

 

 

i suggest you read this thread: Nawanda Vs HSBC and pay particular attention starting at post 25.