hsbc judgement trying to get overturned HELP NEEDED PLEASE

[syds mum]

hi kash i am fine love just been really busy... i cant really advice unless i see you documents love!!!! i dont want to tell you wrong.... we need to see them if at all poss... you could e mail to me if its easier... will pm you my e mail address...

 

debbie xx

[syds mum]

hi kash... any joy on e mail them docs love??

did you have a read of my letter form DGs and is it same as yours???

if so can get moving on a defence..

 

debbie xx

[kashfat]

hi did you get my message from DGS?? i spent ages typing it out but dudnt find it on the thread??

[kashfat]

1) The df did not recieve the claim form issued in this matter

2) Th df did not recieve the default judgement dated 8th oct

3) we note that notice of issue of warrant of exection in this matter is addressed to teeside branch albert road

4)neither then df nor dg has any record of the claim form being recieved

5)in the circumstances we believe that the claim form did not come to the df and was not in a position to acknowlege the service.

6)the df has a good defence

7)the df will suffer prjudice if the judgement is not set aside.

8)The claimants claim against the df is for recovery of charges which have been apllied to the claimants account by the df in relation to the authorised overdrafts, in accordance to the df terms and condtions.

9) on 27th 2007 the oft issued a claim against the vdf and other banks.

10)the trail of the oft proceedings is fixed to commence on 14th jan and will last 8 days.

11)the oft proceedings is intended to achieve the determaination of the key issues and legal principles which affect the claims relating to authorised overdraft charges. The issues being tested in the oft proceedings are the same as the issues which will need to be tested in the claimants claim against the bank.

12)in the light of the oft proceedings, the df delieves that it is firmly in the interests of an orderly, swift and fair resolution of the claimants claim and the other claims across the country for there to a stay of those claims pending the outcome of the oft proceedings. This approach will prevent repaeted litigation of the same issues before different courts and will also forestall the possibility of different courts arriving at conflicting decsions on matters which are intended to be resolved in the oft proceedings.

in the light of the above we request on order for the judgement to be set aside also the case to be stayed until such time as there is a final determination in the oft proceedings.

PHEW this is the second time iv done this lost the other one, does any one know if i can still getn the baillifs to reposess??? that wud put a smile on my face;)

[syds mum]

hi kash sorry re delay have sickness and poop work its way tru my household one child after another coming down... nightmare...

 

any way you know how they say they havn't recieved anything? who sent what and when you sent anything to them was it recorded delivery??? and what do they mean the warrent was addressed to teeside!!! is this not your branch?? i do find it funny that they didnt get anything untill the warrent was served they got that o.k then!!!! it seems to me they are trying to pull a fast one as they ignore everything after they have filed a defence anyway so the story is no different from everyone elses!!!! was a defence filed??

 

have you had any conntact from HSBC or DGs regarding your claim at all... phone calls or anything in writing??

 

debbie xx

[kashfat]

Hi debbie, i got a letter from DG, im gunna dig it out, basically saying that they have filed a notice to have judgement set aside, because they want to see the outcome of the oft case. what do you think will happen?? can i fight against it?

[kashfat]

basically debbie, dg want to set aside judgment because they want to see the outcome of the oft case., guys what do think will happen??

[freakyleaky]

Can you post the letter form DG please Kash!

[syds mum]

hi kash i am pretty sure they cant request a set aside on the basis that another hearing is taking place (test case)... not soley on that reason, it can be a factor but they have to have something else to explain why they let a judgement go in against them... you cant get a judgement against someone if they havnt done nothing wrong....so at the end of the day like freaky says we could do with the letter from DGs to see exactly what they are arguing!!!! i have a feeling they may be using CRPS like they did in my case as these can be tricky to understand and they think it will boggle a lay person and they will get away with it... like i have said before you still have to do your homework!!! did anything get sent recorded delivery?? ( the paperwork they claim not to have recieved) and how did you start you claim was it online "MCOL"???

 

debbie xx

[kashfat]

Hi guys regarding the letter from DG:

 

We have made an applation to the court to set aside judgement dated 8th oct 2007, so that we defend this matter. our client did not recieve the claim form and therefore we were not in a position to acknowlege service and enter a defence.

As you will be aware on the 27th july 2007 HSBC etc became in legal proceedings with the office of fair trading in relation to bank charges.

The oft proceedings is intended to achieve the achieve the determinationof the key issues and legal principles which affect the claims relating to authorised overdraft charges. The issues being tested in the oft proceedings are the same as the issues which will need to be tested in your claim against the bank.

As a result of the oft proceedings in addition to applying to have the judgement set aside, we have also applied to the court to stay your action until action until resoulution of the banks proceedings with the oft.

The application has benn listed at gateshead county court and we will therefore await the determination of the court on the matter.

PHEW!!! anyway debbie hows it going?? hope everyone is ok.

[kashfat]

debbie the claim originally started from northampton online sevice, and lets face it all the mail is sent from there for all the stages so they definately got it, but probabaly havnt passed it onto the rel dept. i keep dreaming of the cheque coming thru, what do think??

[syds mum]

hi kash well i think it is a bit silly for them to say they havnt recieved something when it was done online and there (i presume) is a record of it.... did you print of your claim after you filed it online and have you had anything thu the post regarding any aspect of your claim?? (i know you have had letter from DGs)...

 

debbie xx

[kashfat]

Hiya debbie, no iv just had a letter to say when the hearing is and thats it. i hope its a nice judge.

[Goldlady]

Kash if you need moral support at the court I am just down the road.

[Castlebest]

Hiya Kash, you need to do a skeleton argument/bundle... just write down all the relevant facts, the dates the banks solicitors have missed, back it up with any evidence you have, copies of letters, copies of proof of postal delivery slips... basically anything you can do to prove they are lying or at least cast enough doubt on them for the judge to back you.

 

Have another read of Debbies thread, see what she did.

 

best of luck

 

pete

[kashfat]

thanks so much, im gunna flick thru debbies stuff tonight, just finished work, thank god,lol, i work in apost office, totally mental, 3 days money to be given out in 4.5 hours, loads of kick offs, we had to call the police, to help us close. I thnk what im after to is to know what point of law to use etc. Hey goldlady im actually based in newcastle upon tyne. ,im gunna hold you to that.

[syds mum]

hi kash you have too many pms in your box it will not except any more you need to delete some messages love....heres my link again...

 

hsbc bank charges **WON in COURT post-OFT!!!**

 

debbie xx

[kashfat]

your a star. thanks:-)

[syds mum]

JUST TO WISH YOU A....

 

 

 

DEBBIE XXX

[kashfat]

nice one, guys just wana say happy new year and all the best to everyone.

[syds mum]

hi kash have PMd you... please try and use your thread as no one else can see private messages and you could get more advice on open forum!!!! just pm if there is anything you want to ask anyone but dont want everyone to see!!!! kash pm me your e amil and i will send you all my evidence....

 

debbie xx

[Audreygreeneyes]

Hi Kash,

 

Gunner was in court yesterday and despite the fact that DG/hsbc failed all the courts directions it made no difference, the Judge allowed the stay..........

 

Debbies was the last case won and I know how much time and effort went into it......... by al means try but look at it as a practice run, this close to the "alleged" OFT hearing date, they will not overturn anything or grant anything....

 

But make your mini bundle and submit it, if nothing else it shows the efforts(like the rest of us) you have gone to and DG'S lack of effort, although again the answer they will give in chambers is "pressure of work" the were over run with claims.......

 

yes I know hard to believe that the courts accept that!!! but they are.......

 

when is your court date? and what have they asked for?

 

good luck Auds

[syds mum]

hi kash we need to move on your bundle love lets get prepared and give it our best shot!!!

 

hi auds....

 

debbie xx

[kashfat]

Hi guys, im getting my bundle together, iv read debbies, i would not wana mess with you at all, you did very well. lol. my date is 28 th jan. i havnt got a clue what the outcome is, but all i know is that i did get judgement in the correct manner, hopefully the judge will see that.

[Audreygreeneyes]

kash so did at least 5 or 6 others who all had hearings after Debbies and used most of the arguements in Debbies unfortunately the court did not alter their stance.......... now I hope you do win, but please be well prepared and expect the outcome to remain the same.......

 

the fact your case is coming after the start of the oft hearings might help, there may be a change before your hearing..............

 

DG failed ot comply with the courts directions in my case as well, it made no difference and I can give you another few examples that I helped with thier defence , arguements and bundles, it made no difference.....

 

by all means be optomistic but also be realistic at the same time......

 

go back through my thread kash and see how many other also got that and have failed in having it overturned.....

 

I really hope you do win, but please PLEASE do not take the line that because you were awarded judgement that the court will alter it's view.......

 

there are people here who were awarded judgemtns in june they still got stayed, they took them to hearings, the stays were left in place.....

 

lets watch with interest what happens between now the oft hearing and your date:):)