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candycat v hsbc


candycat
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Hi, hope i'm doing this right now. having successfully claimed against halifax who paid out in full five days after i filed online with moneyclaim, hsbc are not rolling over quite as easily.

 

i've just discovered i need to send letters and evidence off to the court and dg (thank you cag - nobody had mentioned this before i found this website) - have received the court allocation, now i know i have to call them and find out if there's a fee.

 

i'm getting quite scared about this whole going to court thing and having to argue my case - are hsbc really not likely to turn up?

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not sure what judges directions are...

 

my claim was issued 10 april, served on 15 april, acknowledged as served on 16 april, defence filed 9 may, transfer of claim from northampton to slough on 16 may.

 

it just says the filing of an aq be dispensed with in this case .... an allocation fee may be payable please contact the court of transfer.

 

no aq was enclosed

 

should i have done something or heard something by now?

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Ah right, you havent had any notification from your local court yet, from what you wrote I thought you had received your court notification.

 

So, all you need to do is send the court and DG a copy of your claim schedule marked with your claim number heres a standard post we do;

 

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 address is on page 2 of the acknowl.

 

Quote:

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,

 

 

Hope this helps you

 

pete

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thanks pete, feeling a lot happier now. Just one thing, I read somewhere that the schedule of charges needs to be set out a certain way - i used the MSE site - is there a better template that i should use instead?

 

ta x

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thanks pete, have done both by registered mail. I still can't get through to Slough CC to find out if there's an allocation fee payable, cos i need to add that on to the claim if so, don't i? is it always required by the court?

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