Moneyclaim Online (MCOL) question

Lisa_1971

We've just filed on MCOL!! So what now? What happens if HSBC come back to me tomorrow with an offer? or even better a cheque?? Only had the usul stalling letter ...." we're looking into your claim"..... so then sent off the LBA letter just over aweek ago and heard nothing so my hubby said " they've had over a week now lets file online!!" And I am now so scared!!! Was full of bravado when it was only letters but now!!!!????? AAGH!!!!!!!

tiff

Dont be scared. If they make you an offer tomorrow you can consider it, if they offer the full amount you just contact the court to tell them. If they make a partial offer you can choose to accept that but carry on with the court process to get the balance, if thats what you want. All you need to do at the moment is sit and wait, keep checking the claim online to see what stage it is at.

Lisa_1971

Thanks Tiff

What about the £80 i've paid? Are HSBC liable or me?? They have had a month since the original letter claiming the money back which is a week longer than we put in the letters, but gave them a little longer . Also my branch is a PO Box number that is the address we filed online too is this right? God I hope so!!! This is where the other letters went to, we just used the address on the cheque book!

tiff

I think it will be ok, I had a letter from the Recovery Centre in Andover, so I put that in online, but I think it will be ok with the branch address. Re the £80 you will get it back when you win. If they make you an offer in the meantime you could negotiate with them to pay the full amount plus court costs. See how things go and take advice when you need it

Lisa_1971

Thanks again Tiff!!! Sat now waiting for the postie!!!!!

kellyn1201

I have already posted this on the Lloyds thread but it has got lost under loads of new posts so thought I'd try it here!!

I have today received the AQ from the court, and have read the guidance on filling it in. However, Lloyds' defence is based on "they are not penalty charges, they are fees for a service" they even state "There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss"

The guide for filling in Section G of the AQ is based on breaches of contract and costs incurred by the bank etc so is this still relevant in light of their defence or is there something else I can use based on their so-called services?

I hope this makes sense!!

alisonjs

My status has now changed to acknowledged. :eek:

So what now? Is it 14 days for them to respond,and then once they respond a further 28 days to put in a defence? Is that right?

What happens if you go to court?? Do I actually have to go and stand up in court and be 'tried'?

tiff

Now it is acknowledged they have an additional 14 days to put in a defence, so a total of 28 days from when it was served (5 days after you filed online).

If you do go to court, you're not tried lol, you meet with the judge and state why you're claiming etc. You are the claimant, you dont need to worry.

pigsmightfly

I'm sure I have seen somewhere along the way on this site (but don't quote me on this) that even if it does go to court...and I don't tink anyone actually has yet...you don't have to attend

Numpty_2

If I've had charges since the initial clain can I add these onto my moneyclaim claim, or do I have to start again with the letters?

Thanks