In the Court stage, please advise!

monkfish25

Hello,
We are in the process of taking HSBC to Court. We have 2 accounts with them, and the total charges were over £7000, so we filed them separately to keep them in the small claims.
They entered a defence and then we received the allocation questionnaire to send to our local court. Followed the information on the site as what to write. We sent it off in time and the deadline was 2 weeks ago. I called the court today to see what was happeing and they said the bank hadn't responded by the deadline. The next stage was sending an order to them and they would have 3 days to respond.
Wondering if anyone else has been at this stage and what happens now. What happens if they do respond and if they don't. We first started this is in July and it feels like it never ends!! How much longer is it likely to take?!!
Also, since July there are more charges. Is there anything we can do at this stage about these?
Any help would be great!!
Thanks
A

Rex_Mundi

This is in the courts hands now. If the bank doesn't respond to the court within the timescale set by them. You can apply for judgment by default. Keep in touch with the court once this latest deadline is up. If the bank hasn't responded (the court will know), go for judgement. If you are given this and the bank doesn't pay, you can apply for a 'warrant of execution'. This will allow you to send the bailiffs into the bank.

You are in a good position. Keep going!

monkfish25

Thanks for the reply. Anyone else have any more information? I'm not sure how much longer this is likely to take!

monkfish25

*bump* *bump*

Rex_Mundi

monkfish25 wrote:

Thanks for the reply. Anyone else have any more information? I'm not sure how much longer this is likely to take!

Nobody can tell you how long this is going to take. We don't know how your bank is going to respond in your case. If they continue with the case, you may be looking at another few months for a court date (people are already reporting they have dates in April).

nickmack

monkfish25 wrote:

Thanks for the reply. Anyone else have any more information? I'm not sure how much longer this is likely to take!

What further information are you after? Rex has replied to you in detail about the situation.

If you have to wait for a court date, it could be months, if you get a judgement, they should pay up within weeks.

monkfish25

Thanks for all your help. Still waiting to hear anything, but suspect it will take a while. They certainly seem to enjoy dragging their heels a bit!
Does anyone know about getting new charges back? Would it be possible to add it the existing proceedings or would it have to be a new process?
Can I discuss the position with the bank or should I leave it for the Courts? My bank Manger called me today to see if they could help with our overdraft, offering a loan. Then asked if we are locked into our mortgage!! Felt like saying, you pay us what you owe and then we will consider the mortgage!!

richard1973_2

I'm due in court at 10:30 on the 21st march against Lloydstsb. I'm not an expert but it seems the banks are doing themselves no favours. There seems to be an awful lot of court time wasted as a direct result of the banks behaviour and this seems to be getting worse. This can only work against them if a case is actually heard in court.
Also the defense that LLoyds offered was farcical even to me. Spelling was okay but not great, grammar was awful and the comment "we use plain english" towards the end was comical!!!!
Still, don't want to get complacent, but I think you and I are in strong positions.
Dunno what to do about more recent charges. Maybe ring the courts for advice? If not, claim again if you win the first lot!
Hope it works out for you.
Richard.

monkfish25

Thanks for that. The deadline for the allocation was today, and the court didn't receive anything. They advised me to go for judgement ASAP, and get a warrant issued for payment. Were advised earlier today on the chat room to call the bank first, so we will try that tomorrow. If they don't offer us the money, judgement it is! We also received a letter from their solicitors today asking for breakdown of the charges i.e. the very first thing we send the bank!! The court said it wouldn't hurt our case whether we replied or not, the only thing is that replying is almost giving them an extension. They are very good with delaying tactics!
Good luck with your case. As you say, the Courts are going to start getting annoyed with the time wasting by the banks.