HSBC defending claim- but not heard anything from court - help!

[PJS]

Hi, can anyone tell me how long roughly it should take from the MCOL showing a defence that has been filed to actually hearing from a local court with a hearing date. Defence was filed by HSBC 30/4/07 (claim date issued).

Just feel worried as MCOL only sent acknowledgement of service paperwork, have not received anything else ... is this the norm?

[rdm2006]

it is normal for them to defend & to back down at the last minute so dont worry too much

[Janeykate]

Hi,,pjs,, you have 28 days from mcol showing hsbc defending claim.. After that your claim will be sent to your local court.. It is most probable that as so many claims are being filed that the process of transferring claims to local courts and then getting paperwork out to claimants is taking some time. If after 28 days you haven't heard anything,, give mcol a ring and ask them which court your claim has been transferred to.

[gemiali]

My MCOL was exactly the same date as yours and called the court yday and they said the papers would be sent out asap, within the next week anyway as they are soo busy at the moment, so hang on a while, you will hear something, we'll race to our money!

[PJS]

Many thanks for info ...am goin boss-eyed reading all threads, think I'm doin ok with process then find something else not sure of!

Can anyone answer another question please...have joint-named acc,1st account holder applied for claim only, does 2nd account holder need to send any paperwork verifying they are in agreement with process? If so, what is the best way to word letter?

[jowalshy]

I am to claiming on behalf of myself and my husband. My husband has not been asked to do anything. I think because it is a joint account and both of us has authority on it, ie we both do not need authorisation from one another to pay anything etc. Hopefully it will be ok.

[PJS]

Hi, thanks for reply... not sure about this tho... anyone else know for certain?

Another worry... bear with me... about what I put in The Particulars of Claim box on MCOL document, after reading some threads not sure if what I've put in is correct..it reads..

'We are claiming for the repayment of unfair bank charges plus interest. This claim is based on the Unfair Terms & Conditions Contract Regs, as we believe these default charges are unfair and not proportionate to the costs of HSBC bank'. Just trying to make sure I have not messed up here. Any info would help please.

[pinkduchess]

its very important to get this bit right - take a look at this

 

Money Claim On-Line (MCOL) Particulars of Claim

5. Money Claim On-Line (MCOL) Particulars of Claim

[PJS]

Thanks for info... as already filed claim and waiting court hearing... seems that if court need more info they will write.. hope this is correct.

[pinkduchess]

to be honest I'm not sure...don't want to to worry you but your POC isnt as detailed as suggested on this site. don't know if it will do or if anything can be done now you are this far along

 

help anyone??????

[freakyleaky]

Is that everything you put on you poc's? Where did you get that information from?

[PJS]

Hi, have been trying to find more info on POC as my details seemed to be lacking, does anyone know if I can add to the POC once I have been given Notice of Transfer of Proceedings? Have nasty feeling about this!!!

[PJS]

Hi, not sure if I'm supposed to start new thread about this or carry on with old one.. sorry if got it wrong but here goes.

Have now got Notice of Transfer of proceedings but need some questions answered..

1. Can you add to your particlars of claim once filed (seems my original POC are very lacking in detail)... quite concerned about this:shock:

2.Not sure what I am supposed to do next... no allocation questionnaire

required...do I have to send something else instead? Finding it hard to get my head round this part..

3. Have looked at court bundle and fairly ok with this except Terms & Conditions bit..I don't know exactly the year took out account,what do I do here? .. was Midland bank era.. as claim is against HSBC presume their TAC's apply?

Any help would be very much appreciated

[pinkduchess]

stick to one thread paz although I know youre trying to get someones attention.

 

Dont know what to suggest here apart from PMing a mod

[Castlebest]

Best to stick to your original thread because I havent a clue what you have done to date...

 

If your concerned about your poc's im assuming you used the mse site or similar, unfortunatly they are now submitted and there isnt a lot you can do unless your district judge asks for further and better particulars of your claim.

 

You have to sit back and wait to see what your local district judge wants to do, there are so many different judges directions at the moment from various courts and judges its not worth trying to second guess the situation, a phone call to your local court to check on the progress of your claim and to see if the allocation fee is payable is worthwhile because you can ask if the court staff know what they think will happen, they know your local judges.

 

Write DG a nudge letter.

 

Dont worry about a court bundle yet it might not come to it.

 

pete

[pinkduchess]

pete - I think you should look at his other thread

 

HSBC defending claim- but not heard anything from court - help!

[PJS]

Sorry .. wasn't sure about these threads.. new to all this stuff!

but am goin grey by the minute tryin to understand... where am I

NOW...how do I PM a MOD???????

[pinkduchess]

blue bar towards top of page - on the left click on 'Consumer Action Group'

 

scroll down to very bottom and it shows a list of everyone whos online. Mods are green (i think) click on one of them and gives you option to 'Send a private message' and away you go

[PJS]

Hi Pete,

Thanks a lot for your info... will ring court on Mon to see what is happening... only hope get asked for more detailed POC by judge, coz original may well not be enough I recon.

Qu: Do I stay here with this thread or go back to other one?

[PJS]

Thanks Pinkdutchess for your info too.. will give it a try.

[pinkduchess]

in answer to question on other thread - Id stick with this one - its got more info on it

[pinkduchess]

Qu: Do I stay here with this thread or go back to other one?

 

 

Id leave this one now & use your original from now on.

[Castlebest]

Ill get a mod to merge them....

 

well at least your pocs arnt negative

 

Might be worth you looking into filling in a form N244 and revising your claim, will cost you £35 which wont be recoverable but would mean you have a decent chance with your judge...

 

pete

[PJS]

Thanks pinkdutchess...will stay put now:lol:

[PJS]

Hi there Pete,

Ok sounds a little more hopeful.. where do I find form N244, do I need to phone court about revising claim?