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mcwarner V HSBC

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Same as me, been lurking around for a while now, and 1st of all would like to thank everyone involved with the site as u have been a god send.


I have looked through the posts and im sure the following questions haven't been asked but if they have I apologise


I am at the Allocation questionaire stage of my claim against HSBC and just have a few questions regarding the filling in of form, all seems very straight forward apart from the witnesses section, just unsure what im putting in the "Witness to which facts" box on the N150, again I apologise if im sounding stupid.


1 final question is regarding the nudge letters to send to DG solicitors, im just a little unsure which version to send


Many thanks in advance

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I have moved your post to create a thread for you.


You put yourself down as a witness to the fact.






I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Ok guys, AQ filled in and sent a couple of days ago.


I have looked through the template nudge letters but I'm a little unsure on which one to send to DG and when I should send the first one.


Should I send one straight away or is there a time frame I should be sticking too??


Please Help!!!

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There's no hard and fast rule for nudge letters. I think most people would agree that it's good to start with the nudges now that you've sent off the AQ. As for the content of the nudge, as long as it lets them know that you haven't gone to sleep, and it gives them an idea of what you will agree to then it will be fine.

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Thanks very much, I will construct a letter tomorrow and send it 1st thing Monday morning. I presume that I wont hear anything from them so do I send again after 10 days?

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Nice one, thanks for all the advise guys, Yeah I did have to pay a fee so may as well get that back as well!!


Will check out the link and keep u updated with my progress



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Right, I phoned the bank on tues (17th) and surprise surprise the bank had yet to return their AQ, they do have until the 23rd. The lady told me that mine had been received and was just going to the judge as we spoke. She also advised that if they don't hear from the bank then the judge would be writing to them to hurry them along. Is that right?


Anyway, I sent a letter off to DG to try and pursude them to pay up so its time to sit tight and see what happens i guess

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  • 2 weeks later...

A little update, I phoned the court again today and have informed me that, shock, they have not received the AQ for HSBC, which was due on 23/07/07. I was then told that all paperwork is going to the judge regardless and that I would hear from them within the week. Is this standard practice? Is this something else that the big banking corporations are getting away with?


If this is the norm then fair enough but I imagine that if I hadn't sent my AQ in and on time the case would prob have been chucked out.


Anyway, moan over, not heard from DG after 1st nudge letter so 2nd one will be going recorded post 2morrow


Is there any light at the end of the tunnel??? :shock::shock::shock::shock:

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With AQ's the judge may still issue an unless order, although because they are so late he might just strike out the defence and award judgement to you.


fingers crossed



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  • 3 weeks later...

Hello All, I spoke to local court yesterday after hearing nothing from anyone for 3 weeks, They said there has been a delay due to the test case in the high court, I have read that some people are still getting claims paid out so im still hopeful. As i have still heard squat from DG should i send further nudges or are they staying quiet because of this test case? Any comments greatly received


Thanks, from an ever increasingly unsure Mcwarner

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Hiya Mcwarner, I think you should try something along these lines to the court..





Claim No





Dear Sir/Madam


I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.


Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.


In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.


Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.


I look forward to hearing from you.



yours faithfully


Your Name




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Hi Castle


Thank you very much, I will certainly give that a try. Will it still work even though I contacted the court on Fri and they said that because of this test case it was likely that the case would be issued a staying order?, i think thats right anyway



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Take a look at this thread for some hope. HDR - v - HSBC If you attend court for your application for removal of stay to be heard by a judge, and you put a good argument forward for not allowing the stay then you have a chance of it being lifted.



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