Hi DS

Thanks for that. In actual fact, I originally submitted my claim incorrectly, on a personal account basis. However, I have since submitted amended POC's, on a business account basis. These were accepted by the court, I have received a Form of Judgment accepting the correct POC's. I forwarded a copy to DG, but again, no response. All strangely quiet from that quarter!

Their days of grace to object have now expired.

So, maybe I'll get some good news shortly - certainly hope so. Total claim is nearly £5,000.

Thanks again,

Yorkie41

Hi

Great news, I also have a business claim going through. My hearing is 25 Sept at York County Court. DG received my 'court bundle' by special delivery yesterday, I hand delivered to the court on Thursday. Haven't heard anything from DG yet, they have until Next Tuesday to submit their paperwork to me & the court (14 day deadline). Fingers crossed and hope I have the same result as you!

Kind regards,

Yorkie41

My hearing is at York C. C. on 25 Sept. - heard nothing to the contrary.

Yorkie41

Hi

As my case- and many others, I guess - is re. a business rather than a personal account, this latest development does not apply. I have a court date set for 25 Sept., I am assuming that this will go ahead or I will receive an offer from HSBC prior to the hearing. Has anyone any thoughts or info. on this - really would appreciate some advice.

Many thanks,

Yorkie41

Hi folks

My total claim, incl. interest is £4,600. Awaiting court date of 25 Sept. On 4 July sent a 'nudge' to DG - will accept £4250 etc.., respond within 10 days. No response until today. Letter from DG - 'please provide us with the a/c no. & sort code of the branch you are with to help us locate your details on our system'.

It could be that they will come to some offer, or maybe just can't tie up the paper work. I am about to complete an N244 form to amend my POC's from personal to business (sole trader). I don't want to cause ructions of any kind, what should I do? Give them the info. or wait until the N244 papers are dealt with? Would appreciate advice.

Thanks,

Yorkie41

Hi

Require urgently HSBC BUSINESS ACCOUNT T & C's for 2001. Can you help?

Thanks a lot,

Yorkie41

Business accounts should have refs to consumer law omitted from the POC

Here is a suggested temp.

 

The claimant has held a current account with the defendant, conducted on their

Standard terms and conditions since (DATE) , The defendant from

(DATE) to present day has applied charges to the claimant account,

totaling £XXXXX. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.

 

The claimant claims £XXXXX, being the sum unlawfully debited

 

The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the

rate of 8% per annum, being the sum of £XXXX

Hi Martin

Finding your info. very useful - now have only one outstanding matter. Any idea where to obtain BUSINESS T & C's for 2001? Many thanks, Yorkie41

Thanks a lot - will proceed as advised.

Yorkie41

One point I forgot to cover yesterday. I now intend to complete & submit to the court the N244 Application, re. changing my POC details from personal to business. Do I also have to advise/send a copy to DG/HSBC at this stage, or do they have to pick it up from my 'court bundle', bearing in mind court date not until 25 Sept.?

Advise would be appreciated.

Cheers,

Yorkie 41

Thanks a lot - Rayne & Lateralus, that clears my mind. Now intend to change my POC's & pay the £35. You never know, this might stir DG into pre-court action. Hope so, 25 Sept. is a long time to wait (nearly £5K involved).

Thanks again - appreciated.

Yorkie41

Have court date notified - 25 Sept.

Started this case off on a private individual basis. However, I am a sole trader and it is my business account which is involved. Can I proceed on this basis without any danger of DG seeking to strike out my claim (have had an offer from HSBC), or will I have to prepare a revised POC incorp. relevant applicable info.? Is this where the fee of £35 arises. Would appreciate advice as I am a bit confused.

Many thanks,Yorkie41

I operate as a sole trader, under a business name, - (xxxx t/as xxxx), working from home. I submitted all my paperwork on a personal basis, and received the usual WP offer from HSBC on this basis. Being approx. 50%, I rejected the offer and pursued my claim. A defence has been submitted by DG and a hearing date set for 25 Sept..

The dilema I have is that I should have instigated the claim under a business basis, although it appears to have been accepted so far. However, in their defence wording, DG have denied that the UTCCR's are applicable (which is correct, of course). They do, of course, deny everything else, which is not correct). Can I still proceed, provided that I use the business wordings etc. in my 'Court Bundle', if it gets that far? (I sent the first nudge letter to DG, second going today).

It is obviously very important to get this right now, if necessary, as I don't want the case to be thrown over a technicality at the last hurdle.

Re. the nudge letter, I am now going to adopt the following tactic. If you mark the envelope for an individual's attention with 'Private & Confidential', chances are that this will be ignored and opened by anyone. However, it is much moe likely to be handed unopened to the intended recipient if it is headed 'PERSONAL'. My letter will be F.A.O.Debbie D'Aubney on this basis - I will report back if successful.

Meanwhile, I really would appreciate help and advice on my query re. future personal/business claim procedures.

Many thanks,

YORKIE41

Hi

My case, as recently reported, is due to be heard in court on 25 Sept.. When I started writing to the bank I did so on a private account basis. The bank & DG Solicitors write to me under my individual name, the court papers are the same. I have even received a WP 50% settlement offer from the bank (which I refused).

I am now aware that I should possibly have instigated this claim under a business heading, although I do recall seeing somewhere that as a sole trader either personal or trading name can be used. As long as I do not refer to Consumer Law in continuing corresp. & court bundle, will my case be accepted by & dealt with by the court? Do I have to put in place any correcting measures at this stage? Hope there is someone out there with experience of this dilema! It's bad enough having to wait 14 weeks - I don't want to fall at the last hurdle, that would be soul destroying.

Thanks a lot

Yorkie41

A little while ago someone posted the name of the lady who is the decision maker at DG Solicitors, re. HSBC bank charges. Wish to address my 2nd 'nudge' letter directly to her - can't find the ref., would appreciate the info..

Many thanks

Yorkie41

Keep sending the nudges! 1 every 10 days. Other than that just keep reading. Did you have to fill an aq in? If not did you ring to court to see if the aq fee was still payable?

The time you have to wait is purely a result of the ammount of claims the courts ared ealing with at the moment.

Hi Freaky Leaky

Thanks for your reply, much appreciated. Did NOT have to complete an aq, but DID have to pay £100 fee.

Cheers,

Yorkie41

Hi All

My claim against HSBC was finally allocated to the Small Claims Track on 12 June. The hearing will take place on 25 September (York C.C.), 45 miutes allocated. 14 weeks seems a long time to me - is this normal? 45 mins also seems a long time for the hearing. Also, what can I do, if anything, to speed things up. I have sent a nudge letter to DG, but no response. Thanks,

Yorkie41.

My case against HSBC (£4,600 incl. interest) has been allocated to the Small Claims Track, the Allocation Questionnaire has been dispensed with. The hearing date has been set for 25 Sept. 2007. Is this waiting period normal - is anyone else in the same position? Also, I have recently sent a 'push' letter to DG Solicitors. Would it be adviseable for me to suggest a pre-court settlement offer at this stage, in an effort to speed things up and avoid the court hearing. Has anyone any experience of this?

Thanks, Yorkie41.

I am a sole trader & have a business account with HSBC. Bank keep upgrading T & C wordings - need circa 2001 edition for court bundle. Can anyone help in any way at all ?

Many thanks,

Yorkie41

Hi

Thanks for your very prompt response - a wealth of info.!

Re. Terms & Conditions of my account. Do you mean the actual docs. I received when I opened the a/c, unfortunately I cannot trace these. I have all bank statements over the 6 years. Would a copy of current terms & conditions for the type of account I have be ok?

Thanks,

Yorkie41

I sent them £10 which they returned saying this is a free sevice!!

Yorkie41

My case has just been transferred to my local court (York). I am advised that the need for completion of an Allocation Questionnaire has been dispensed with. What are the implications of this decision - or is this normal procedure?

Also, the bank (who, on a without prejudice basis, originally made an offer of approx. 50% of my claim), make the following representations in their defence wording:

Deny that the charges are penalties under the 1999 regulations.

Bank entitled to make a charge for its sevices, which have been explained to me in their literature, etc. etc..

The charges represent the contractualy agreed price for sevices provided.

Charges are not unfair.

The charges are not default charges and therefore cannot amount to a penalty.

Does all this sound familiar - is it the usual response? What can I expect next.

Bye the way, I used Martin Lewis' templates for my submissions.

Look forward to any comments/advise.

Many thanks

Yorkie41.