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thorx

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  1. thorx

    thorx vs hsbc

    I might as well just wait and see what happens I think. I'll call the court on the day the 21 day period expires to see if DG managed to get the stay in or not (I'd be surprised if they don't), and then I guess next step is to apply for it to be set aside. Your letter looks good, but I don't use the account anymore so I don't really care about new charges. Thanks for offering though
  2. thorx

    thorx vs hsbc

    I guess you're right, but I feel a bit helpless just waiting to see what I receive. The letter states 'If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it'. The question is what would I be asking to have set aside as the order only says the judge will stay the case if DG provide information in writing within 21 days at 4.00pm...
  3. thorx

    thorx vs hsbc

    I received letter from court today, thought it would be the AQ. But no! It was actually an order from the judge saying that provided DG can confirm in writing within 21 days that 'there is any point of law to be decided in this case which will be decided by the court in the test case' then he has ordered: 1. This action to be stayed pending the final decision of the test case 2. DG must within 21 days of the end of the stay file at Court and serve upon the claimant a brief case summary and proposed directions 3. Liberty to either party to apply on notice to vary and discharge the order. The order is dated 16 August so I'm confused as to why I was told by the clerk there was an AQ ordered on the 24th? It doesn't make any sense.. So does this sound like a proper stay or is it a warning that a stay is going to be ordered as long as DG send in the paperwork within 21 days? Do I apply to have this order set aside using the N244 form or can I not do that until a stay is confirmed. I'm confused... The other thing that's confusing me is the fact that there is no date mentioned. Every post I've read about stays mentions them being given a specific date, but this letter only says 'pending the final decision of the test case'... help!!!
  4. thorx

    thorx vs hsbc

    Called up the court to ask what was going on as the case was transferred more than 3 weeks ago. I was half expecting that it had been stayed, but was pleasantly surprised that it is still going ahead. The judge has apparently ordered an allocation questionnaire only a few days ago, so should receive that next week. Good news I guess.. Next step is to learn how to handle the AQ in the best possible manner....
  5. What POC did you end up using by the way? In light of the automatic stays my strategy fell apart and the POC I have prepared is way too light for an N1. I would have liked to use the solicitor prepared POC for RBS but it targeted strictly to current accounts... Thanks
  6. thanks Chris. looks good to me. i was going to use a slightly modified version of the one in the template library, but yours looks better suited (and appropriate as it has been tried and tested).
  7. As many others have done I only received a repeat of the initial offer after sending the LBA. Should I reject this offer as well? I did say in the LBA that I wouldn't be in touch again so I'm guessing it isn't needed. Anyway, MCOL next. I've been looking around for some particulars of claim, but the only ones in the template library apply to current accounts. So if any of you nice people could point me in the right direction it would be appreciated. thanks
  8. thorx

    thorx vs hsbc

    Finally received the court transfer document from MCOL the other day. Took more than a month, but I guess in the current situation the case is likely to get stayed anyway so... Should I still send a nudge to DG or will they just disregard? Even if they do disregard maybe I should send just to illustrate that I'm trying to resolve before it goes to court...what do you think?
  9. thorx

    thorx vs hsbc

    Spoke to a nice lady at MCOL. Apparently my case had been forgotten (in the age of computers how this happens is beyond me), but she was going to flag it up with her manager. So hopefully something will now happen... So not only to do we have to contend with the bank's delay tactics, now the courts are doing their bit as well....:o I know the courts are overworked due to these cases but this simply isn't acceptable! Then again, what am I supposed to do about it...
  10. thorx

    thorx vs hsbc

    I still haven't received anything from MCOL (or my local court). It's been more than 3 weeks now. Have they lost my paperwork? Anyone know if there is somewhere I can call to get the status of my claim? thanks
  11. I guess that would work. Seems a bit pointless sending two letters, especially when the rejection letter is only two lines of text.... thanks for your help!
  12. So my LBA is due out today and I still haven't posted my rejection letter. I know...slow, but there was nothing to gain by being quick! Anyway, as I'm due to send both letters at the same time do you think sending them in the same envelope is okay? Or two small envelopes in a bigger one. It would save me approx £5, but whether it is acceptable in legal terms is another thing. Opinions please... thanks
  13. thorx

    thorx vs hsbc

    Aah i see! I actually live in Loudwater (it's not great, but not too bad), but I definitely would never say it is High Wycombe...A bit snobbish I guess
  14. thorx

    thorx vs hsbc

    thanks people! I was just starting to get worried about it so following chauvesouris lead the paperwork will probably arrive in the morning... pinkdutchess: I feel for you. HW is a dump...
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