what a shame pd............ hoep tio gets sorted soon....... I asked for draft dirs at the begining of the week. but hey have been returned. as theya re snowed under... andit sonyl 5 weeks till DG have to submit thier stuff to the court anyway........... you are almost there............I think we should take a leaf out of freaky's book:p

They did the same with me........... I rejected it... and started court action in april. before i found this site:mad: . its the normal.........I waited weeks and weeks to see if they woudl get back to me they didnt. so I would jsut file onlie to start the claim........... as it is taking ages now ........

Fendy did you totally close your account with them in 94? long shot here but if you did and htne re-opend it later surely you must have told them and they would have checked that account? even longer shot in the dark what about the freedom of info act?

Hi Netty, I phoned hsbc onthe 4th of this month and asked for my statements from 1995-2001 and have been told they will be supplied........... A few days later noticed the £10 has not been takne so calle dto query htis........ very ncie young man told me they will take it when the send them out, the request is being processed at the moment...... So there seems a little contradiction there me thinks!!!!;-)

Sorry CM got me letters transposed as usual...........

crawls, and grovels and kisses Latties feet. there shoudl eb a noble prize for her efforts........... auburn:)

Hi Sharon ok been and gone an done it!!!!............ Hi msith, you do know I havent got a clue what i'm doing if it werent for lateralus and freaky and hte rest of this site............... When I handed mine in just thought i would be nosey and asked the clerk if the draft is not given, how long after the prelim hearing are the cases being listed............ she went off to chekc........... came back and said that none had gone beyond the pre lim hearing atmy court......... oh smith that looks like a good move to me ( no expert) but you are both being given the same 14 days.......... which if I am grante dthe same. is good cos that would bering it forward by a good 3 weeks......... havent as yet sent the nudge was going to wait a day or so.......... will draft it up later and post it for verdict.........lol.................. good luck sharon and the same to you smith:p

ok on my way into town to hand in letter to court and draft directions.............

I have a pre lim hearing on the 24th July and NADA as well.................. not a single communication in response to all letters faxes and emails.............. In january they offered me 1500 less than my claim....... I refused..........

do you wantme to scan the court docs in? or jsut give you the name of the court and the amount and the banks name?

Good Morning Lateralus and everyone, thanks for that, now legal jargon is very difficult at times to understand... so if the court grants the draft. I have 14 days max..... if I submit it in 5 and Dg have 14 days to submit.... I take ti their 14 days starts from when I serve and not the end of my 14? if I waited till the last day? Sorry Lateralus I am one of these people that likes to be well sorted..... my train of thought was start printing of one full set of the court bundle starting now, so that if granted then all I need to do is have 2 copies done.............. This would cut down the time (my thinking), if one bundle is all prepared then if the order comes in as soon as it does, it can be served........ thus only giving DG a very short time....... thanks for all the help and suggestions and support you are giving........ ( am begingin to feel a little liek freaky did)..........auburn

oh god the thought of a court bundel..... Tom just a passing thought, if you could black out the personal details on your letter and post it . it could be added to my court bundel showing the most current views of judges? what do you think?

Ok so if I have 14 days and they have 14 days + 28 in total........... yes? I am saying i will send mine in with in 14 days. and then they have 14 days from them to sned theirs in? sorry if i am being obtuse here...... but just want to make sure........... they have to submit what the judge asked for by the 24th july at the latest anyway . so if it is 28 days.......... in total......... I may not actually gain anything............ If the judge doe sit with in this week........... 28 days from now..... 14-17 july...... if he takes until next week........ it coudl be beyond the original 24th........ so you can see why if we boith have the same 14 day period its ok.......... if its 28 . might not be worth it

So how does this sound Dear Ms Eaves Please find attached a copy of a letter which has this morning beenhanded into the court........

thamks sharon for your input and lateralus as always thanks. now am a little confused by the wordingin the draft...... 1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; am I right in that we both have exactly the same time frame 14 days. or is it that they have 14 days over and above the 14 I have....... hope got this right............

Hi Rob you seem to be veryu unlucky with your court, surely they have more than one judge? just a thought I know its way off base but is it just possible they have actually lost your paperwork? and have you thought of taking in a letter asking what is happening as it has been some time since the paperwork has been subbmitted......... Phone calls can always be denied and in a way ignored but if you took a letter in and a copy asking them to stamp it( your copy) thats a receipt but only being a novice at this am not sure if you can do that with the courts? hope you get something soon auburn

Thanks Tom and glad to see you are almost at the end of this as well......... Lateralus do I send DG a copy of this? or just let the court inform them?..... I did wonder if it was worht one last ditch attempt with a nudge letter attaching a copy of the letter........ worded along hte lines of... this is my last attempt at trying to resolve this matter with you and your client without involving the courts........... If by 12noon on the 11th June 2007 you have not made contact with me to resolve thjis matter, then I am seeking the courts approval for a draft order....... and possibly add what Tom got from his court?........ or do I just take it stratight to the court in the morning?

Well done Tom, bet you are a happy bunny............... despite a few iffy decisions by judges recently on the whole I think they are "sick to the back teeth" of all this and thier patience is finally running out...... Oh what you going to do with the money??? have a nice long break to recovery from the stress........lol WELL DONE:)

Lateralus thankyou so much for this, you are a true star................will do these tomorrow and will hand it in to the court Monday..........again thanks so much for the time and effort and help............ it is greatly appreciated.............. yes it is a very daunting process.......... have I got the bottle to go after the ml.......lol:)

Soirry to be thick lateralus. so you mean write to the court now. this week asking for a draft order? yes? and use the letter about what i have jsut posted or jo's?......... so rather than wait till august it could be settled sooner yes?

Draft Order for Directions 1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order. AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO: If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3. but this is the info that would be required should the draft direction be made an order: If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things: a) your schedule of charges. (ie a copy of your spreadsheet) b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.) c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionairesnote here: hsbc uses the service charge defence - so use this the first one on post 55 d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle. AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE. This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court! courtesy of hagenuk: some t & c's from 2004 Attached Filespersonal_banking_terms.pd f (177.1 KB, 40 views) thank you to givememymoney,castlebest, garyh for your help Last edited by lateralus : Today at 15:18. Reason: adding a whole lot more!!!! vbrep_register("695176") Is this what you mean Lateralus?.......... and if so I do not have 14 days as my request to the court only requires to be in court adn served on them not later than 5 days before the hearing........ they have to submit what they want 14 days before the hearing.............. Although thisis a pre lim hearing does that make a difference?. sorry if I am being stupid and missing the obvious......... thanks

Castle coudl yo have a look at my thread " the audacity of DG " asked a question this morning and no one wants to talk to me would appreciate someones views....... thank auburn....... not long ot go for those 2 then castle.....

Any thoughts anyone?

well done Stodad bet you feel great........

Good Morning All, all and any thoughts advice and sugestions gratefully received..... DG have to file with he court and serve on me details in which will determine the issues in this claim........ am I correct in thinking this mean thye have to state exactly what they are using for their defence? and not just the basic thing they did for the defence? Alternatively they can file with the court and serve on me draft directions for this to proceed as a test case.......erm some how do not think they will choose this option? Now I can make any representaion to the Court and DG at the latest 5 days befor ethe hearing......... I was wondering if I shoudl submit a full court bundle........ any ideas also should I do a draft directions and do you have any suggestions on exatly what should eb included in them? this last part is even more interesting........ Have jsut been given a lovely surprise this morning , wont actually be here the week before DG's deadline......(person did not about this claim when they booked the surprise) So was planning a final nudge letter in the next 2 weeks. but would liek this one to BE REALLY STRONGly worded........ hadh thought on giving them a date to have the cleared funds in my account and failure will result in my representation to the court that they move this to the multi track and treat as a test case............given I have been tryign to resolve it for 6 months.......... NO I AM NOT GOING TO TELL DG I WONT BE AT HOME............. COS THEY WILL GO FOR A STAY I AM POSITIVE..... look forward to suggestion