Hi, I've not heard anything from the court at all since they wrote to me to say that my case had been stayed back in August 2007 (12 months ago!) However, I have had a letter from HSBC in June (2008) telling me that they will be asking for any cases to be stayed further beyond so am sure that nothing has changed but should I be at all worried that I've not heard anything from the county court for 12 months? As a 'by the way'... I am now in the process of changing banks from the evil HSBC - have been wanting to do it for ages but the final straw came when they recently wrote to me to tell me that they had reviewed my account and that it was fine and nothing needed to be changed - and charged me £25 for the liberty of doing so! ARGGHHH so annoyed! is this something I can claim back?.. so annoying that they can charge me £25 for sending a pointless letter when I didn't even ask for my account to be reviewed! I HATE HSBC!!!

Hi, following todays high court decision is there anything you'd suggest I should be doing? - my case is currently stayed at County Court. Thanks, good result hey!

Hi, just to keep you all posted as expected I have received a stay from the court pending the outcome of the test case. Think I'm gonna just wait and see what happens. Thanks for all your help in getting this far, fingers crossed for everyone! x

cheers guys, I submitted my bundle before the deadline today and am posting to DG tomoz so will wait to hear. My small claims hearing is due 12th September (if it goes ahead that is)

Thanks for that and Thanks to everyone for your help with everything so far... will keep you posted on whether DG apply for a stay or not

Thanks very much - any idea on this barrage of questions i've posted - sorry i know Im asking for a lot of help at the min but the everything has to be in by 4pm tommorrow so it's panic stations! 1) Do I need to include the full 50 page aussie report? 2) I'm struggling to find correct Terms and Conditions, I joined HSBC in 2001? 3) Should I still include the Peter McNamara transcript as it isn't directly related to HSBC? also does my index look ok? thanks so much!

oh one more thing - HSBC's offer letter states 'without prejudice' so I cant include it can I? should I include my refusal response to them (which quotes their offer) or just leave everything out in relation to the offer and my refusal of it? ta

cheers here's my contents: DOCUMENTS Description Pages Correspondence inc docs issued by courts Latest Schedule Of Charges Bank Statements Statement of Evidence Relevant Case Law Summary Early Day Motion From The House Of Parliament Aussie Report thingy (obviously I will Write the proper title here!) Dunlop v New Garage UTCCR 1999 UCTA 1977 SOGA 1982 Terms & Conditions OFT Statement Summary BBC Commission Conclusion Peter McNamara Transcript Examples of charges letters from HSBC Litigation Spreadheets of HSBC claims won I'm still unsure on a few things though if anyone can help.... 1) Do I need to include the full 50 page aussie report? 2) I'm struggling to find correct Terms and Conditions, I joined HSBC in 2001? 3) Should I still include the Peter McNamara transcript as it isn't directly related to HSBC? Does this all look ok???? - I'm spending my lunchtime today working on the statement (would someone be kind enough to check it for me when done? sorry I know it's a big ask) then I'll be able to pop over to the court tomoz afternoon and hand deliver - DG's will have to go in the post as am not up for a trek to brum! Have a strogn feeling DG will apply for a stay until test case over but want to get my docs in anyway just in case they dont. thanks everyone! norty

hi again, right I think I've got everything - would it be ok if I pm someone with my contents list to check I've not missed anything? In relation to the aussie report thingy - do I need to include the whole thing??? as it's massive! cheers, got to have everything in by 4pm on Thurs but am confident it will be done

ooh pleae coudl you send it to me on email, I've bloody chucked all my letters from HSBc so have nothing to put in my bundle, silly woman! thanks again!

hi answered my own question on post #78 foudn it while reading through lookign for letters from HSBc re charges - still need them though if anyone can help ta!

Hi stax, I'm a bit confused - I joined HSBC in 2001.. which docs from your list should I include in my bundle (sorry I dont have any T&S I could send you - I foolishly chucked em all out!) thanks, norty

Hi thanks for the link it makes good sense I'm not tooooooo panicky about it - just a bit worried about the court bit and knowing what I'm on about if they send a legal eagle.... am trying to think "if I lose I lose" as like you say it's only £80 court fee and it's better to try and lost than not try at all (am a bit peeved with my self though as HSBC did make me an offer a while back but I turned it down cause it was poxy - starting to think I should have taken it and saved some strife, hey ho!) does anyone know off the top of their head who is it that has letters that can be used re charges from HSBC? I remember seeing it on a link somewhere to pm this person for copies but cant find it again and forgotten who it was. cheers

Hi AGAIN! sorry yet more questions! Should I print out and include all of the litigation spreadsheets or just the concluded ones relevant to HSBC? Thanks muchly

Thanks very much both, have copied everything I've got so will be able to crack on with the rest now, bit nervous about it all actually - I dont understand a lot of the stuff Im printing out but at least I've got till september to get my head round it all! :o

Hi sorry to pester on this one but got to get docs in by 2nd aug so starting to panic a bit! please can anyone help me with the missing bits? So far this is what I've got: Statement of Evidence Correspondence Schedule Bank Statements Court Bundle (from your link - thanks) bits I think I still need: Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc. Office of Fair Trading report, April 2006 House of commons early day motion, May 2006 Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT Transcript of telephone communication with Lloyds TSB 'personal banking' department I've tried the links for the various bits above but they dont seem to be working? Also need T&C for 2001 if available, not sure if I should just use the 2004 PDF available on your site? anything obvious I've missed? BIG THANKS!

Hi again, just wondering if there is any correspondence similar to that of Martin Ortons that is relevant to HSBC? if not is it ok to use this evidence relating to Lloyds TSB? ta!

Hi again, ignore previous post I've read through the statements properly and am happy now that it should be the first one I'm using. However I'm struggling with some of the extra enclosures as I had a mass clearout a couple of years back and have chucked most of the correspondence I had from HSBC (foolishly!) Please could someone either send me or point me in the right direction for the following bits and bobs? Documents attached in support of this statement Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc. Office of Fair Trading report, April 2006 House of commons early day motion, May 2006 Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT Transcript of telephone communication with Lloyds TSB 'personal banking' department. THANKS SO MUCH!

Hi again, I'm just trying to write my statement of evidence and am not sure which one to use from your link. In their defense DG have stated the following which would lead me to use the first statement: "The defendant denies that the charges applied to the claimants account amount to penalties at comon law and /or unfair contract terms for the purposes of the unfair terms in consumer contracts regulations 1999 (UTCCRS)" But then they also state that the charges are reasonable which makes me wonder if I should use parts of the second statement?: "The charges applied to the claimants account are reasonable and are poperly and fully disclosed inthe Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRS are not applicable to them; alternatively, they are not unfair contrary to the UTCCRS. Further the charges are not default charages and, accordingly, cannot amount to a penalty." Also do you think they have explained the reasons why their charges are not penalties enough in their defense or do I need to include the linked staement as per your guidance below? "One or two banks don't plead in detail as to why their charges are not a penalty, only that they were debited in accordance with the T&C's, etc - Ie. Barclay's. If this is the case, this statement would be the most suitible - http://www.consumeractiongroup.c o.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post492578" Sorry for massive post! your help is much appreciated!

Thanks all, will keep you posted!

Hi, Received another order from the courts today to confirm that my original small claims hearing will be postponed until 12th September and that I have until 2nd Aug to get my bundle in, then DG have until 16th Aug to submit theirs. Will DG have received this or should I be sending them a copy? Also just a small thing in relation to the bundle - does it need to be put into a numbered word document or is it ok to print everything on and manually write page numbers on? cheers

Hi thanks, am starting to work on it now - should I wait for a response from the courts on a further extension before submitting it all (see post #60) or just submit in the assumption that they will extend and postpone the court date? Also is it worth sending another nudge to DG at this point or leave it to the courts? norty

Hi guys, I received a new order from the Distruict Judge today with an extension to comply with the original order (to supply documentation in support of my claim) unfortunately the date for compliance was extended to 19th June but the order wasn't sent out until 28th June so it had already passed! I phoned the court to query it and the person on the phone couldn't understand it either - suggested that I write to the judge to request clarification of the extension date, which I have done today. However! the court date is 1st August, so I'm expecting this will be postponed to a later date to allow DG sols to respond (think they have to be given 28 days after the date that I submit my docs to respond with theirs) So, now I'm a bit more positive about getting an extension, I need to put a statement of evidence and supporting docs together ready to send out to court and DG sols. PLEASE HELP! what sort of stuff so I need to put together? god this is very scary now!

will do, will let you know how I get on, thanks

Hi, Haven't heard anything from the courts as yet (sent letter 18th June) am I being inpatient or should I write to them again now? or is a phonecall better do you think? If they dont respond am I able to refile my claim again? Thanks