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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Reply from hsbc


molly1959
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you dont need to send it - its not vital & if yours is stuck on a floppy just leave it out.

 

alter the letter

 

We have enclosed a schedule of the charges and interest claimed.

 

Please note we will require settlement of this claim in the form of a cheque made payable to xxxxxx

 

Yours faithfully

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Hi again

 

It says on letter that a couple of charges are more than 6 years old which they are from when i started do i need to send them a new list of charges or still send the original one. Thanks

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yes, in a week or three you'll get a notice from mcol saying here's a copy of bank's defence and you are being transferred to xxxxx county court.

 

then another wait for the locals to let you know how they want to proceed. when you get the locals court directions - post them here and we'll help you know what is required.

 

read up on post 1 of both my aq threads in my signature to see what happens at this point - then you'll be all clued up when the info arrives - it won't seem so foreign to you

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Hi i have received a notice of transfer of proceedings it says defence has been filed and they have crossed out bit about AQ so take it i don't have to do this?

Then filing of Aq is dispensid with with in this case unless district Judge orders it. Says any affected party may apply to have it set aside etc has 14 days to do so. Says allocation fee might be payable ring the court to ask should i do this know? Then Defence and Counterclaim do i have to fill this in i am not to sure about this part, think it's if i am making a counterclaim not sure if thats what im doing.

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Hiya Molly, thats all normal :).

 

you are the claimant, its HSBC (DG Solicitors) who have filed the defence and counterclaim so all you have to do is wait for your local court to tell you how they want to play the game from here :).

 

pete

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Would you say Molly should still send DG and the court fresh SOCs, Pete?

 

Also, check with the local court whether AQ fee is still payable?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I would wait and see what the court want to do, you can always incorporate the new POC's into any document the court ask for, they dont actualy alter anything just state it in a clearer more rational maner.

 

Yes call the court and ask about the allocation fee and a First nudge to DG is ok too though :)

 

pete

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Hi:)

 

Thanks i was starting to panic. My claim was under £1,500 but with court fee £120 it has gone over by £22 I will ring the court and ask about court fee. Shall i send nudge recorded delivery i found a post with nudge letters on but can't seem to find it do you know what thread it will be in. Sorry to be such a pain.

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Hi

 

Just rang the court they said not to pay anything yet, they have not got the file yet they said the judge will look at it, and could go two ways he might fast track it if he does wont have to pay a fee if he sets a court hearing date i will have to pay it then, does this sound right:)

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Just today's date, Molly. You can refer to the date on the court letter in the body of your nudge letter, if you like.

 

Don't forget to send it recorded. :-)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi

 

Just a quick update i rang the court again today, to see if i had to pay a fee, but they said my case has gone before the judge for direction and they should know by end of next week and if not heard anything give them a ring back. So not sure if they will stay my case or not.

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I know we have got our mortgage with them i have had a stroke and we were struggling with mortgage there response was sell up and move to a smaller house we only live in an ex council house so not sure how much smaller you can get. I will be moving my mortgage when i can get around a bit easier. Wheen did you start your claim?

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