how to take legal action against hsbc?

[Andyorch]

Wise decision Noddy

[citizenB]

I think that is a wise choice, noddy

[Old Cogger]

yes you are right.

[Durkin]

Hi Noddy,

 

That's a shame. I understand though. It seems all the judges in the UK are waiting for the Supreme Court to take the lead in dealing with these bullies.

 

You had solid evidence and solid "soon to be ratified in the Supreme court" case law.

 

What did your adviser say about your judge? She should definitely be disciplined but I guess it's not her fault that she had no balls.

 

Nice try Noddy. It might not have seemed like it but God really was on your side. (Works in strange ways, apparently)

 

Over to little old me then...

 

Richard

[noddy997]

Legal advisor said that if I was to pursue this under section 140 of the Consumer Credit Act for "unfair treatment" I would have had more of a chance in succeeding due to the treatment by DCA's and HSBC.

 

He also pointed out Smeaton v Equifax and Major v Lloyds. And on that basis he said defaults can be removed and therefore are not considered. Just the way the system is guys and this why there are a lack of legal firms that deal with these kind of matters.

 

So its quiet a tough game.

 

Durkin, he agrees that the Judge made a mistake but believes that my case doesnt have much prospect. If I am to go further and lose it is very likely that I will have to pay the costs of HSBC.

 

 

One of my biggest mistakes was the particulars of claims. Thanks to the money claim online site, you are restricted to X amount of lines (not characters!!!) so you cant write clearly - another gimmick of the system (the Judge questionned me on poc and I told her of the site issues and she said "I don't know what to say".

 

The legal advisor told me I should have done the poc manually, as one case had 14 pages of PoC!!!

 

 

 

Durkin do you know why we, as individuals, dont succeed and why the companies bully us? Because we are not united! I have seen other sites similar to CAG, the problem is people dont want to help others if they post their issues on a different site. However, most of these sites work on donations (if not all of them) so there is no profit for anyone - I dont see what the problem is of helping each other.

 

However, in order to avoid this "competition" I think we need a centralised/united site - where advice can be given/sought under one "roof". I am a little boy and therefore this idea won't accomplished. Yet, this (lack of unity) is the biggest cause of individual sufferings.

[Andyorch]

"One of my biggest mistakes was the particulars of claims. Thanks to the money claim online site, you are restricted to X amount of lines (not characters!!!) so you cant write clearly - another gimmick of the system (the Judge questionned me on POC and I told her of the site issues and she said "I don't know what to say"."

 

Well it is quite clear on MCOL and the CPR on issuing addition Particulars with your claim.

 

7.4

 

(1) Particulars of claim must –

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

 

Regards

 

Andy

[noddy997]

Also, just flicking through Smeaton's I notice the following:

 

(2) that Mr Smeaton made no real attempts to raise finance after his unsuccessful application to NatWest in August 2006; and

.

 

Like I said in my earlier posts, the average person cannot afford a 60-70% deposit. We cannot "raise" such finances. If I could afford 60% I wouldn't bother getting a mortgage, I would ask people to borrow me money since I would be a high earner.

 

Only way an average person can "raise" them kinds of funds, is if you be "tight" all your life and save every penny.

 

As most of you know, I had a student bank account with HSBC, so I have completed my degree last year. Yet I am not employed and we are told to "raise" funds ?!

 

 

One thing I like to get clear what most folks are confused about (as they are told this): credit markers placed on your credit files are NOT for the organisation who put it there in the first place. It is to WARN other lenders you are NOT "worthy" to be given credit. It is a centralised register just like your NHS number/file or if you been involved with the police your data will be held on the PNC purely to share information with other forces/organisations.

[noddy997]

 

Well it is quite clear on MCOL and the CPR on issuing addition Particulars with your claim.

 

7.4

 

(1) Particulars of claim must –

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

 

Regards

 

Andy

 

Andy,

 

It wasn't clear on MCOL when I issued the proceedings. I delayed issuing for a short time as I was trying to find anyway to extend them on the MCOL site.

 

You are right about the rest though as I was told that this morning to the chap I spoke to.

 

Off topic: Am off for a drink, I've had it with HSBC.

[Durkin]

 

my case doesnt have much prospect.

 

?

 

HFC concede £8K is payable. HSBC concede default shouldn't have been there.

 

You should have been paid.

 

Wait and see, once the Supreme Court ratifies my case, how many legal practitioners change their tune.

 

When I started out, not a single practitioner gave me a chance! (Perhaps they knew something)

 

I don't suppose he gave any grounds for such a statement?

 

Anyway Noddy, next year you'll be able to use all this experience to good effect and help clean the mess up.

 

I hate advice that complicates things. The more complicated lawyers make things, the more they're paid!

 

Justice takes a back seat over greed.

 

Cheers,

 

Richard.

[Andyorch]

" Off topic: Am off for a drink, I've had it with HSBC."

 

Good Idea Nod...dont feel too bad they will be feeling worse than you.........loss of costs.

 

Andy:wink:

[Andyorch]

Andy,

 

It wasn't clear on MCOL when I issued the proceedings. I delayed issuing for a short time as I was trying to find anyway to extend them on the MCOL site. You type after your brief P.o.C Additional particulars to follow Pursuant to CPR 7.4

 

You are right about the rest though as I was told that this morning to the chap I spoke to.

 

Off topic: Am off for a drink, I've had it with HSBC.

 

Andy

[noddy997]

Good Idea Nod...dont feel too bad they will be feeling worse than you.........loss of costs.

 

Andy:wink:

 

Ah, I spoke to the solicitor about costs. He said you was offered £2500 so they dont waste more money on the case the barrister would've cost them £1500 but it says £350 on the bill unless that is an error? Or it was £1800 and DG dont have an hourly rate since their in house "hounds" on a fixed a salary?

 

Fact is fact, I was kept being interrupted by the Judge, the barrister had freedom of speech. I am assertive but didnt want to be as if I did got on the wrong side of ma'am she would have granted their bill.

 

After this experience, I think LiP's should instruct a firm regardless, as if you are an LiP you might get cornered like I did

[Andyorch]

I would have thought £600 for the Barrister...dont forget also if council consisted of Grade A Solicitors on the case they are on £200ph.

[Durkin]

off for a drink.

 

Off to Jerusalem?

 

Cheers!

[noddy997]

Off to Jerusalem?

 

Cheers!

 

 

Lol, am dying for a red bull lol.

 

Don't worry am sticking around.

 

This is why I was saying mate we should organise a march (Scotland to London eh? ) or protest or something outside the court or HSBC at the time of your case! We are treated like dirt yet its our taxes that fund for all of this!

[Durkin]

 

LiP's should instruct a firm

 

You don't get to tell it like it is.

 

It's very frustrating seeing the "chinese whisper" effect ruin your case! Even worse when your own reps completely ignore you!

 

Small Claims Courts are designed for us little people.

 

You came across a dodgy judge. They're everywhere.

 

I hope none have made it to the Supreme Court!

 

You should enjoy a drink, satisfied that you tried.

[Mike_hawk]

 

Off topic: Am off for a drink, I've had it with HSBC.

 

I'll have a couple for you tonight Nod..........As for HSBC, I'm sure it's a few £k down on the day. I'd take some satisfaction in that alone

[noddy997]

You don't get to tell it like it is.

 

It's very frustrating seeing the "chinese whisper" effect ruin your case! Even worse when your own reps completely ignore you!

 

Small Claims Courts are designed for us little people.

 

 

1) No you dont Durkin your are over spoken and forced to shut up.

 

If you continue to rant on you will be considered as an arrogant cocky tw*t and if you the p the judge off you will go under the guilotene!

 

2) At least the reps won't be taken advantage of.

 

3) Little people have no say in this country unfortunately.

 

(I dont want to start categorising or start class debates but) The worst effected of us all are the middle class. The upper and low class folk got it all.

 

 

One thing that really winds me up? Council Tax! The national govt struck a deal for councils not increase council tax yet they are going to. No one is going to stop them. Again who does it effect? Middle class! Upper class got the S class Mercs whilst the lower will get the majority of council tax exemption.

 

I dont want to start a new debate and rant, but seriously with all the hassle I faced with default and bought that disease of a house I will be in further financial crisis especially as the Class C (empty property) council tax band is abolished as of next month, more funding for the bent leaders of this century.

 

I rather sell it, and live off the state as when you try to stand on your own feet you simply cannot due to all the crap you get!

 

Lets not forget the 25 year mortgage I signed (maybe the default was a sign to not buy the crap hole?!) So if I got no tenants in I got the mortgage PLUS the ridiculous council tax charged at 100% (£110 per month) and a further 50% will be added shall the property remain empty for 1 year! (Already pay income tax, any other tax to add?)

 

Rant over before I get a ban from the admins LOL!

 

PS Redbull has kicked in

[noddy997]

Oh and the "small track increase" - I think there is a strong catch to it - if folks like myself go all the way and be LiP and if they get cornered they will be losing more in fees...

 

Democracy...

 

I warn people not to bank with HSBC just like I tell people not to go with three mobile with the pathetic T&C's.

 

HSBC got pathetic policies.

 

I had a review with TSB few weeks back (they usually give me a brief 5 mins one every so often). They have their own credit rating system if you apply for a loan from them (if you are their customer only). And they told me on a 1-9 credit rating I am sitting at 1 (1 being the best /credit worthy and 9 being unsafe borrower).

Edited March 1, 2013 by noddy997

[citizenB]

" Off topic: Am off for a drink, I've had it with HSBC."

 

Good Idea Nod...dont feel too bad they will be feeling worse than you.........loss of costs.

 

Andy:wink:

 

 

That's what I keep telling noddy, Andy.. there was some kind of justice / Victory when the opposition were denied their costs.

[noddy997]

Going back to my earlier point of funding I found this which is very true:

 

"Dr Thompson's solicitor, Simon Cook, a partner at law firm Ormerods, says anyone not on a high income might struggle to fund their case.

"You can't get legal aid for defamation. Most people can't afford the costs of the proceedings. Even if he'd won, he wouldn't have necessarily received all of his costs," he said. "

 

From http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

[dad]

Noddy,

 

Your case was Small claims Track? If so I would just like to point out CPR 27:

 

27.14 (2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

 

So if you appeal you will not have costs awarded against you, unless you behave unreasonably.

 

Separately, You posted a case report of a permission hearing for the Court of Appeal. If there is to be a new Court of Appeal decision wouldn't it be worth applying for permission to appeal and ask for a stay until the CoA gives its decision.

 

If you qualify for a fee exemption that choice wouldn't cost you anything and you can always reconsider when the law is clearer. Even if you went on and lost the appeal you are protected by CPR 27.14 above.

 

HTH

 

Dad

[noddy997]

Yes but a Judge can turn around and say I am wasting time as did the previous judge did. And if that winds them up they may well award costs. It it is within their discretion.

 

Dont get me wrong, if I was working I would have hired a soliictor and would go all guns blazing.

 

Also, am guessing it can be argued due to that fact am not qualified within the legal sector I have lack of knowledge despite info being available one needs to be able to grasp the legal language in order to understand it.

 

 

Lets say for arguments sake, I appealed and it turned around and I won. Nothing stopping HSBC to appealing.... Glitch is there is no ending to legal cases unless you go to the very top like good old Mr Durkin!

 

Cheers for now.