New to this and really need help please

[moving on. .]

I am so very sorry for confusing the issue....

just to clear my question up before i really do move on!!(to my own thread.!!) I am just adding the text 'Total charges' on my SOC .I had just put in the amount...I am not adding any more charges.....

 

once again I am so sorry for the confusion and so very many thanks for your support.. you are both utterly brilliant..

 

kind regards

moving on.....

[lateralus]

no problem,

just get those charges more defined on the soc and send them along -

 

you can check my other threads in my signature for help in what happens after they defend their claim at the end of the 28 days.

Getting MCOL Right

When you have filed your AQ................

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

BBC NEWS | Business | Judge attacks 'time-wasting' bank

court bundles for dummies

[Lacey123]

Hi, OK, I have received my Notice of Acknowledgement today so what should I do next please?

 

Thanks again

[freakyleaky]

Just wait for the defence now. They have 14 days from today to submit!

Yes, MORE waiting.

Keep reading and get your head round the court bundle as it looks like more people are having to do this nowadays! See lats new thread Court bundles for dummies! She explains everything really well!

[Lacey123]

OK, thanks but dont I have to send the list of charges or something to the solicitors now?

[freakyleaky]

Now someone will jump in and correct me if I am wrong but I would say wait for the defence to be filed and then send a nudge letter and schedule of charges to dg and a copy of charges to the court! Thats what I did and I am sure that is what lat and pete and all the clever people are advising. I will ask PD just to confirm!

[pinkduchess]

I think lacey still needs to do this bit first -

 

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:

 

 

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

DG will most likely file their defence on or just before the 28 days. Then you'll get transferred to your local court. Then the nudges begin.

 

So get the two letters off & then its a matter of sitting out the 28 days.

[Castlebest]

Gawd PD's quick today I just found that too

 

pete

[freakyleaky]

Thanks pd! I am losing the plot today! Sorry about that lacey! Your on track now though!

[freakyleaky]

Where is it pete?

[Lacey123]

OK, so its send a copy of the schedule of charges to the bank’s solicitors, with a brief covering letter.

 

Thanks for that.

 

 

 

[Lacey123]

I sent the Schedule of charges off yesterday to DG, so they should get it on Monday.

 

Well, today the postman brought me a letter off HSBC which is offering me £1,496.70 with the usual without liability and without predjudice stuff.

I am not sure about what this means though ................ we are prepared to make a payment to you for the sum of £1,496.70 in full and final settlement of the matter. This represents our offer in respect of the charges applied up to and including 5 June 2007 and includes accrued charges totalling £50.00. Im not sure what they mean about the £50?

 

They say that they have deducted £296.00 as they have previously refunded those charges (to be honest, they possibly did so I am not complaining about that).

 

My actual claim is for £2485.23 including interest and court costs so if you take the £296.00 away that they say they have already refunded in the past, that makes my claim £2189.23.

 

I am definately not prepared to accept their offer of £1496.70 (which includes the court costs) and so I will be rejecting that but what next? I would be prepared to settle with them on £2,000 and that would then clear my overdraft and give me back my court costs. Would I be able to ring Mark Lockyer (service manager) who the offer is from and try to negotiate them up, or will I have to wait to do that with DG?

 

Thanks

[freakyleaky]

You need t send them a rejection letter! I will see if I can find the link for you!

[Lacey123]

OK thanks, but what do you think about that £50 because I am not sure what they are on about with that?

[pinkduchess]

heres the link Rejecting Offers

 

I presume this means further charges applied since you put your claim in

[Lacey123]

Thats what I thought.

All of those template letters mention full and final settlement with the money or cheque having been paid, I have not had any paid to me nor have I had a cheque so which of those letters will I have to use? Presumably I wil have to adapt it not to say about any payment having been received?

Also, would it be a good idea to ring HSBC to negotiate, or just send the letter?

[pinkduchess]

use letter 5. (leaving out the paragraph about getting the cheque into your account).

 

or do a combination of one of the other letters saying

'I am willing to accept this amount as partial settlement on the understanding that I will continue to pursue to recover the rest through the court, blah blah blah

 

best to always write so you have a record of everything.

 

either way this is just letting HSBC know that their offer is unacceptable (they wont send you part settlement) and as youve already filed your claim you will now be dealing with DG

[Lacey123]

OK, thanks for that.

[Lacey123]

I have just done the letter to the bank using the template you suggested but I notice that it is the only template in red. I am wondering if that is done for a purpose, or do I have to change the colour of the writing? I have tried to change it to black but it will not change colour? Is it designed to be written in red?

[pinkduchess]

yes change it to black - and dont include the blue bits - they are just guidance notes

 

did you copy & paste it to word. if you did - block the wording & change it to black

[Lacey123]

OK, thanks. I have copy and pasted it but cant seem to change the colour now for some reason. I will have another go. Thanks again

[freakyleaky]

Simply highlight the words in red and click on the colour box to change it.

[Lacey123]

Hi, The solicitor should have received the list of charges now, and presumably is aware that the bank made me an offer which I rejected. What happens now, do I have to do anything, or just wait for something to happen?

 

Also, the letter that the bank sent to me with the offer, also disputed £295 of my claim saying that they had already paid it back to me earlier. To be honest, they possibly did although it is difficult to work that out now, therefore I would be prepared to deduct that because it may be my mistake. What should I do about it, should I inform anyone or just leave it ride for now?

 

Thanks again

[pinkduchess]

i would leave it - DG will pick up that amount im sure & adjust your payment.

[Lacey123]

OK, thanks.