balloons v HSBC

[balloons]

I have been reading the threads and this is quite an excellent site.

 

Could someone confirm what happens next.

 

We received a letter of HSBC 2 weeks ago stating all correspondance is to go through their solicitor.

 

To prepare for court

 

1. I wait for MCOL to send me HSBC's defence details?

 

2. I may or may not have to fill in a questionaire?

 

3. When I have the above send a nudge letter to the solicitor?

 

4. I need all correspondence for HSBC, which is one letter apart from the one above.

 

5. I need all copies of statements showing the charges?

 

6. I need terms and conditions? Our account is 15 years old, will these be the ones I need? because I havent got a copy.

 

7. Do I print the whole of the court bundle on the first page of this thread?

 

and just for the hell of it because I am beginning to panic what on earth would I say in court.......

 

Thanks

[jowalshy]

Hi Balloons. I will try and answer in the same order of your questions. Here goes:-

 

1. You will receive the defence with the notice of transfer form MCOl to your local court.

 

2.MCOl dispenses with AQ but it is up to your own local court. Give them a call after you have received notification fomr MCOL that your case has been transfered. Wait a week or so though just in case your court gets in touch with you first. Ask what is happening with your claim, whether an AQ is needed and also if no AQ if you still need to pay AQ fee.

3.Once you have been transfered, start nudging DG every 10-14 days or so.

4. yes you need all correspondance. Also any correspondance received from HSBC regarding charges i.e notification of you being charged etc.

5. Yes you need to have copies of all statement that show the charges on them

6. I have T&C's from 1996, I think that stax has put them on here somewhere.

7.Do not print the court bundle until you need it. 14 days before actual court date. This relates to your questions No.s 4, 5 & 6

 

I hope that this answers all of your questions and if you have any further questions just shout

[balloons]

Thanks Jowalshy

 

I hope you can tell I have been reading and burnt tea in the process.

 

Just wanted to make sure I was going down the right lines, got myself ito a state of panic. Do you think it would be worthwhile ringing MCOl to chase up notifcation. The defence was once again filed in the 11th hour or just wait a while.

 

Yesterday I was ready to quit and admit defeat, however I calmed down and am quite motivated at the moment so you help has been greatly appreciated.

 

Thanks once again

[jowalshy]

You' re notification from MCOl that your claim has been transfered will come in due course. the courts are pretty bogged down with all the claims at the moment.

[lateralus]

i'm laughing at the burnt tea part - can't tell you how many times i've sat down here with a couple of minutes to spare while tea is bubbling on and burnt the carrots or spuds - honestly - my o/h thinks i've got dementia - he might be right.

just carry on - we are here to help and support you and make you feel better when you feel like quitting - you're over half way to your money now - so you can't give up! just keep posting when you need to or have something to report. we'll be here, burnt carrots and all!

[balloons]

Thanks for your support Lateralus

 

You made me giggle....It was about 2.30 last night when I gave up reading threads and thats because I just couldnt take anymore in.

 

Thanks

[balloons]

Just a little concerned, please excuse my stupidness, i have just downloaded 1996 t&c, but why 1996????

[lateralus]

well, it's early days in the collecting of t & c's so we haven't a large selection yet - perhaps you could search your paperwork and see if you've any to add - so far i think there is the '06, '04 and '96 knocking around on the site - it would be best to have the t & c's from when you opened your account and failing that - covering the last six years, presumably the charges you are trying to reclaim - so, you don't need them right now - wait and see what has turned up when you actually need them.

 

i know you are well passed this point - but the lloyds win has meant that this is now included in the template prelim letter:

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

 

 

so, it just shows that the site is ever changing to meet the needs as they become clear. that's the way this site operates - had we known this earlier - then the prelim would have included it.. now we know

[balloons]

Thanks for that i think you should change your name to the Font of all Knowledge, currently got the o/h searching because unfortunately or hopefully fortunately i am a bit of a hoarder when it comes down to paper work so it could be here somewhere, poss in the attic if we can find it i will post it. As an alternative do you think I would be able to ring them and ask for them.

[lateralus]

no harm in trying - though i don't expect they will be particularly helpful

[balloons]

Not doing to well today, thought i posted earlier but it appears to have disappeared.

 

Had problems with computer, hope it working now..... My eyes are down to the floor been working on it constantly and pleased to say i'm very proud of myself for fixing it being a technophobic an all, and i havent spent a penny.

 

Help.....had notice of transfer, i'm behind on threads due to computer being out of action......i need an instant refresher...

 

Unles something has changed I

 

1. Write nudging letter to DG, got to find it again now

2. Phone court for a date

3. Send any correspondence ( WHEN)

 

Hope this is right, i will update myself on threads if not tonight tomorrow afternoon

 

Could someone just let me know if I'm going down the right lines, I just dont want to miss any deadlines

[pinkduchess]

you need to wait for directions from judge at your local court.

 

the AQ may / may not be required but an allocation fee could still be payable - you could call the court to see if it is.

 

nudges are in lats 3rd & 4th link in her post above

 

send what correspondence?

[balloons]

Thanks pinkdutchess.....

 

I feel a litle better now, especialy as I have to wait for Judges Directions, gives me time to catch up.....I was so organised.....

 

By correspondence, I meant a breakdown of the charges...so they could be attached to my claim....

 

Off to look at threads before i go to work, perhaps I might sleep better tonight, I need to chill I've ben panicking about my computer and missing vital info from you guys....

[lateralus]

without looking back at your thread - you should by now have sent a breakdown to the court to be attached to your claim and one to dg.

you can include a nudge to dg - saying i see you have defended - yes, nudge ideas are on post 1 of my two aq threads in my signature up above (you have to write xx number of lines before the siggy shows up which is why sometimes it's here and s ometimes not).

and yes, you could ring the court to see if the aq fee is still payable - or wait another little bit on that and see if your hear from your local court as to what they require . that's the part not to go slowly on - when they send you a direction - put it up here quickly if you need help knowing what they want and when. no real deadlines for you now until you hear from your local court.

[balloons]

whoops, havent sent a copy of schedule to either DG or court.

 

I have ammended nudge letter one to state I am sending a copy of charges, however when i completed the initial schedule I did it on moneywise, so I havent put down the (NOTIFIED CHARGES) bit, and guess what it's something I missed backing up, with my computer problems.

 

I am also compiling a letter to local court asking if a copy could be attached to my claim.

 

This wont hinder me too much??????will it??????

[freakyleaky]

As long as you have got a copy of your schedule you can do it on the speadsheet on this site and put in all the correct details. Yoou really do need to get them sent as soon as possible. threr are links to the s/s in the newcomers thread.

[balloons]

Thanks for that, i working on it right now.

 

Excuse my ignorance what is S/S????

[freakyleaky]

spreadsheet!

[balloons]

made a major mistake......................

 

As I have been transferring all info onto new spreadsheet, I dug out the statements ready for court.....

 

I have made a mistake..................h e l p

 

For some reason when i did my original sheet I did it off online banking statements and we have a dd for £25.00 straight after each charge. Although I promise i did check it(twice in fact) I put £25.00 instead of £27.50 and the four oldest charges. O/H was supposed to have checked as well.

 

I assume this will be thrown out.....and we will have to start again even though we havent claimed £10, but i have not put actual facts.

 

Any idea's...

 

Is this the end of the line for Balloons.....

 

I am mortified....... :( :(

[pinkduchess]

im sure it will be seen as a genuine error (if picked up) & DG will adjust the amount they pay out to reflect this.

 

hopefully somene can confirm this

 

its only £10 after all - so deep breaths & im sure you'll be fine.

[freakyleaky]

I agree with PD! I have seen dg alter amounts that have been entered incorrectly but the case is not jepodised. It is in their favour so it's not like you are asking for more.

Just continue as advised and you'll be fine!

[balloons]

Thanks for that, i dont know which way to turn....

 

Been at a swimming gala all day and been thinking of ways to resolve my problem, dont have any idea who to contact......or if there was a way i could amend the claim, i have considered including in my nudge letter?? a paragraph to state i acknowledge the error,, however it is for less than the full charges incurred......hence the continuation

 

i dont know......

 

i am so mad at myself.......

 

Dont even know whether i should withdraw the claim..... :(

[balloons]

Sorry forgot to thank PD and Freakyleaky....

 

Just a little demoralised at the moment.......i will fight on that was a moment of madness.....as you say at least it wasnt for more

[freakyleaky]

Don't worry! They will just ammend the total that they pay you if they spot it. Or they will ignore it as it is their favour!

Just keep going. You will be fine!

[Michael Browne]

Dont even know whether i should withdraw the claim

Get a grip, this such an infinitessimal error it won't even register. It won't make any difference whatsoever and is certainly not worth amending your claim for.