Went to my Prelim Hearing today, and got a Stay (until the outcome of the OFT case). I was only in front of the Judge for less that 5 minutes, did not really have any strong arguments against it. The Judge did bring up my previous Stay and asked if I had tried to settle with the defendant - Yes I did, but no response from them. Before I went into see the Judge, a junior lawyer/agent (I think?) of the Court was seeing everyone there individually for about 10 minutes. He basically just told me about the OFT case, the likelihood that the judge would Stay my claim, and answered a few questions I had. He was also there with me when I went in to see the Judge. The Stay was happening to everyone there. I don't think I will bother to put in an application to get it lifted, as I can't see that happening. Disappointed about the Stay, but kind of glad that I did not have to waste time on Court Bundles. It's probably wishful thinking on my part to think that I could still get an offer (or full refund) from DG/HSBC anytime soon. I did get an offer directly from HSBC shortly after I had filed my claim, back in March. At the time, the letter gave me about 10 days to claim the offer, but as I had already filed my claim I did not bother. As I don't really want to wait too long for the OFT case to be settled, do you think this original offer would still be available? Maybe I should write to them. Kev.

If I have to put in an application to remove a stay, do I just hand in a single copy of it or do I need to make 3 copies like my N1 claim? I believe it will cost me £35 (without a hearing) unless the judge waves the fee (i hope). Kev.

Yeah, that's what the court said. Do you have an email address for Jason Newbold at DG? Thanks, Kev.

Some positive news I think. Nearly two weeks ago, I got a letter from DG telling me that they would be applying for a Stay (OFT case etc). Now, because I have not heard anything from the court (Prelim Hearing Tue 28th Aug - Glos CC) I thought I would phone them (10 minutes ago) to get an update and see if the hearing is going ahead or been stayed. The clerk told me that HSBC/DG had applied for a stay sometime this week, but the Judge had rejected it and has kept my claim "on his list" I think it would be strange for the Judge to stay this claim (as he has rejected HSBC's request) when I go to court on Tuesday. Maybe I should send a 'nudge' email to DG? Kev.

Quick question, was the offer you got the original offer (if you had one) given to you before you took court action? I had an offer in the early days, but it came a few days after I had filed a claim, so I rejected it and progressed with the court route. It now appears that my claim will get stayed soon (like most people). Does it appear that HSBC is giving people, who were given offers but rejected them, a second chance to claim them? Kev.

Had a letter today from DG (first ever) telling me they will be applying for a Stay (Prelim' Hearing 28AUG/ Glos CC). I now just need to wait to hear from the court. I'd like to think Glos CC will not grant it. My claim has already been stayed once before, although if they do, I've got my application for the removal of the stay ready to send in. Are all courts that Stay claims waving the fee for application to remove stay? I also read on one post that some court, that had stayed claims, were also refunding court costs. Depends on the court I guess. Kev.

Thanks. All my letter says is: ======================= Notice of Bank Hearing, TAKE NOTICE that the PRELIMINARY HEARING will take place on 28 AUG (etc)... At GLOS County Court When you should attend 15 MINUTES has been allowed for the PRELIMINARY HEARING Please Note: This case may be released to another Judge, possibly at a different court. ======================= That's it, it gives me no instructions to bring any type of paper work etc. Kev.

Who has been to a PRELIMINARY HEARING before? Mine is on he 28th Aug. If I do end up at court for my Prelim', what will/could happen? 1. Will the judge ask me any questions? 2. What paper work do I need to take? 3. Could someone else (e.g my brother) go to court for me? 4. and finally, will anyone from DG turn up? (do they have to?). Ok, I know I may get a Stay before 28Aug, but please just answer my questions regardless of the Stay. Thanks, Kev.

If/When I get a stay, I'll just send my form to the court. Sending this info to DG aswell, may give them a head start in looking for holes in your stay removal request - Maybe just send them a letter informing them you will be putting in an application to get the stay removed and you are confident the judge will see in your favor, etc. Kev.

Gloucester CC, Prelim' Hearing 28/08/07. Court has no news regarding stay requests, so proceed as directed. That said, I do expect to get a Stay. Will update you when it happens. Kev.

Yes, it will be good to get this tested soon. It will either prove to be worth the £35 charge or not. Once a Judge removes a stay, can the likes of DG apply for it to put on again? Kev.

Will you try the new application for stay removal? I think I will, if my claim is stayed. Kev.

Do you think you will try and use the new application for the removal of the Stay? Kev.

Just got my letter from the court (Glos). Looks like I made a mistake from what I was saying in my previous posts. I only have a PRELIMINARY HEARING on the 28th Aug, not may main hearing as I thought. 15 Minutes has been allowed for this. As this is just under a month away, I expect that this will be Stayed. I will either get told on the day of the hearing or will get another letter in the post soon. I assume the court has sent the same letter to DG. Maybe they could still make an offer to me, but then again, I read another post which said HSBC/DG has stopped any further payouts. If I do end up at court (28th Aug) for my Prelim'. apart from the Stay, which I expect to get, what else will/could happen? Will the judge ask me any questions? What paper work do I need to bring and finally, will anyone from DG turn up? (do the have to?). Thanks, Kev.

vbmenu_register("postmenu_1050437", true); Parian, I had the same issue with DG. My claim was stayed from 22 May until July 8th - in order for us to agree an offer. In that time I sent 3 letters (recorded) and a number of emails. I did not get a single reply to any of it. I have now been given a hearing date for 28th Aug. although this may get Stayed because of the OFT case. They seem to be able to play the system the way they want. Kev.

If my Court date of 28th Aug goes ahead, then I will need to get my court bundles done soon as well. As this is the thread for 'Bundles for dummies', I have a few dumb qustions Ringbinders - Did you have to 'punch-holes' in all the paper work, or are you using binders that 'Clamp' the pages together? (Maybe someone could upload picture(s) of their bundles/binders, I then have a better idea of what to buy). Did you use sperators within the bundle to split up each section acording to the table of contents? All pages need to be numbered - so I just write this in pencil/pen on the top of pages? photocopying - e.g Bank statements, correspondence. Looks like I will need to find somewhere (local college?) what I can get this done (cheap)? Kev.

Anyone know if some of the claims that were stayed in London & Camb' had courts dates? Has anyone here been given a court date, but then had it stayed this week? Thanks. Kev.

Just called Glos County Court, to get an update on my claim. My claim had been Stayed from June until July 8th. It would go back to the Judge on the 10th July. I have not heard anything since. Lady form the court told me that my claim now has a trial date for 28th Aug, I should get the letter tomorrow. Although she did say this may change (be stayed) because of the OFT case, but at the moment they have not had any instructions to do so. Now I have a court date, I will be gutted if this gets Stayed, now that I am so close. I would really like to hear from other people who have claims at Gloucester County Court and what, if anything, they have been hearing from the court staff. Kev.

I have had my claim with this court since March this year; the claim has already been Stayed once so far (June - July 8th). This proved to be a waste of time as DG never responded to my letters/emails. Once the Stay had ended, I sent a letter (9th July) to my local court (Glos) asking for a court date, and requesting that no further Stays would be put on the claim. Still waiting for a reply. Now with the news of the OFT court case and the putting on hold of all bank claims, I'm a bit depressed to think I (and others) have waited so long and got so close to getting a court date, but now my claim could be stayed again, this time for a year or longer. I would like to think that the courts, regarding this new development, look at each claim individually and make logical decisions, based on the time the claim has been in the system, before staying them any further. I think Gloucester County Court has been closed for some time, because of the floods/water problems. Hopefully I will hear something from them in the next week or so. Anyone else waiting for a Court date from Gloucester Court? Kevin.

Finally got an offer from HSBC, unfortunately for me, on the second page of their offer letter is the following line: "As you have an outstanding debt with the bank of £x, the payment will be used to reduce the amount you owe" I don't deny that I am in debt to the bank (bank loan/default), but does that mean I have to accept this? I thought reclaiming bank charges would be a separate issue and should be treated as such. They seem to be forcing me to put this offer towards the debt/bank loan (a separate issue in my opinion). Even if I decline their offer and go to court to recover the full amount + interest and costs, they will probably still end up paying the money towards the debt instead of giving it to me directly. Any one else had this issue, did you manage to get the bank to pay you directly? OK, you might think it's a good idea to have the money put towards my debt, but when the debt is so big and the offer in comparison is so small, it would not make much, if any, difference to me, compared with getting the money directly, which would. I think I will reject this offer and go for a court claim, and see where that gets me. Nick.

For anyone thinking of waiting for an offer, before filing a court claim - Don't bother. I have just wasted over 8 weeks waiting for this, and still nothing. I called the bank last week and they told me about their 8 week reply time, they also told me when that 8 weeks were up, they had 4 days left before this deadline. Well this came and went, so I call again. Now they tell me that if it has gone past the 8 weeks, I need to go to the Financial Ombudsman. It seems they did not want to give me an offer. Well, I will be filing a claim next week, after the bank holiday, I just hope I have not left it too late. One question: In the POC's first few line, it states the date the bank account was opened. I only have a vauge idea on when this was, I did ask my bank, but they said because the records go back further that six years the did not have this info. It's not too important if I get this wrong is it? Nick.

Well, instead of asking the judge for removal of stay (you only get 7 days to write to him) I thought I would try dealing with DG and attempt to get an offer. So far I have have sent an email+attachment of charges, 3 days ago now, no reply. Yesterday I sent them a letter (same as email) along with charges, maybe they will reply to this (not holding breath). Kev.

I will be emailing DG tomorrow (Monday), do the following people really exist (or pseudo names). If so, is there any one of these who seems to be the best to deal with? Rachel Tomlinson 0121 455 2701 racheltomlinson@hsbc.com Debbie Daubney 0121 455 2111 debbiedaubney@hsbc.com Kate Eaves 0121 455 2196 kateeaves@hsbc.com Alan Burden 0121 455 2206 alanburden@hsbc.com Thanks. Kev.

Got a letter from the court Friday. The Judge has stayed the court action until July 8th 2007! I think that HSBC/DG has had more than enough time to sort this out. I want to write to the court asking for the stay to be removed. In the Bank Template Library on this forum, I found the 'Remove Stay' info , although it's not in a letter form. Do I just encase all this info within a letter. My addresss date Court address dear sir/madam 'REMOVE STAY INFO' yours fathfully, Kev. Thanks.

Querky, what's the email address for DG, I can't seem to find it anywhere. Thanks, Kev.