Not over yet! RGS1 vs HSBC

[johnnymitch]

Hi rob,

 

I like your reasoning there ..... what has changed from when the 'Test Case' reared it's ugly head as a time wasting exercise ...... ?

 

Not a lot ! the banks still won't want to answer in court as to what their actual costs are , - that's why they were making 'Goodwill' payments before the Case kicked in ... to keep that info out of the public domain ....

It may mean that the courts will be inundated again ..... and they've only got the 'Supreme Court ' to thank for that if they are .....

 

Meanwhile, it may be worth a petition to the PM , just to let him know the strength of feeling over this judgement ..... but we'll obviously take our lead from Bankfodder and the ST members on this, and other methods of retaliation .....

 

Onwards and Upwards !

[johnnymitch]

I can't see how the banks can obtain blanket dismissals , if everyone argues that their cases are unique in some way.....

 

We will have to wait and see , but I wonder if the 'Penalty Charges ' argument might not come back into being ......

 

Have to wait and see what BF and the gurus come up with ....let's give 'em time ...

[johnnymitch]

I wouldn't put it past them to try a sneaky one , not sure if they'd succeed - if they apply for the stay to be lifted I'd say you have to have a chance to continue with your case, before a judge would strike it out .

 

My son has already sent the letter to the court asking for his stay to be lifted and a hearing date set ...... if he has to change the POCs he can do it before the hearing ....... so it's really your choice I think , although I think the revised POCs will be out pretty soon ...

 

I'll keep the site informed on how my son's application goes .... I also got him to send a copy of the letter to HSBC - in the hope that it might prompt an offer of settlement before they have to go the court route again........ He had an offer of full refund and accepted 2 days ! before the bar dropped in July 07 ...... and they reneged ......... so it's cost them another few quid in interest since then

[johnnymitch]

Just a case of wait and see then RGS , this is kind of uncharted territory at the moment ,,,,,,

[johnnymitch]

There you go berrylover .... you can obviously adjust to suit your circs ....but that is the letter he sent .

DATE: xx xxx xxxx

 

Re. Claim no. xxxxxxxx

In xxxxxx County Court

 

XXXXX XXXXXX

 

-V-

 

 

HSBC BANK PLC

 

 

With reference to my claim for the refund of bank charges dated x xxx xxxx which was stayed by the court on xx xxx xxxx to await the outcome of the Test Case brought against the banks by the Office of Fair Trading ;

 

As you may be aware the Supreme Court pronounced its verdict on 25/11/09 and has indicated within its judgment that a challenge to the “fairness” of my banking contract under regulation 5 of the unfair terms in consumer contracts regulations 1999(UTCCR) may be an appropriate way of seeking redress.

 

My initial claim was centered on regulation 5 of the UTCCR and as such it is not affected by the Supreme Court judgment.

 

I would therefore respectfully request that the stay be lifted, any necessary directions be given and a date be given to hear my claim

 

Yours faithfully

 

If the forum here finds that the POCs need adjustment ....i.e. specific clause within Reg 5 then he'll have time to adjust it before a hearing.... he just wanted to get things moving .......

btw , the heading 'xxxx v HSBC Bank plc ' should be centred ... I can't get it to stay there at the moment :grin:

Edited November 30, 2009 by johnnymitch
Tidying up font markings......

[johnnymitch]

Having said that berrylover , I would draw your attention to the Headline announcement above this site , which advocates waiting until the legal team can produce fresh advice on how to proceed ... with revised POCs if necessary .

 

The Consumer Forums - Announcements in Forum : HSBC Bank

Edited December 1, 2009 by johnnymitch

[johnnymitch]

strange ...... that 'legal team ' above was originally leagal seagulls (with legal correctly spelt ! )- it always comes up 'I'm an orange' for some weird reason .....

Edited December 1, 2009 by johnnymitch

[johnnymitch]

Thanks for posting that letter RGS ... looks like that'll be the next one my son will get ....

 

I haven't digested it all yet... but we'll have to watch the 3 month deadline ... which looks as if it may be 3 months from the 25 November .... i.e 25th February .... as someone (can't remember who at the moment) got a letter from the court saying they should make a decision on the status of the 'Stay' on their claim by 26 Feb 10 at the latest ... makes me think the courts have already agreed to the Banks' "Suggested Directions"...?