@hsbc_uk_help DG Solicitors asking me to discontinue case or otherwise pay costs

[kriso]

My bank charges case was stayed thanks to the supreme court judgment a couple of years ago. I now have a letter from DG asking me to discontinue my claim or otherwise be liable for costs.

 

I assume there is no chance of me getting my charges back now since the judgment, so is it recommended that I apply for a notice of discontinuance? Am I liable for their costs?

 

Thanks

[citizenB]

I am actually surprised that the court you filed at hasnt already advised that they are taking your claim out of the system.

 

Unless you are going to continue, then it might be wise to discontinue.. whether or not you will be charged for this, I dont know.

 

I imagine that DG could in fact ask for a strike out of your claim, whereby you WOULD be liable for costs.

 

I will try and find some more advice for you.

[kriso]

Thanks for the info.

 

It was a bit of a strange case because DG didn't respond within the usual deadline it actually went to court and I ended up in front of a CC judge with a DG solicitor. The judge immediately granted the stay however

[ukaviator]

You need to get the solicitors to agree to NO COSTS if you throw in the towel on this. Always cover the exit from a case in writing with NO COSTS awarded.

[Carningli]

Hi Kriso,

This an interesting case as DG did not follow correct procedure and are therefore on the back foot. However before you throw the towel in (capitulate) have a good look at your case Did HSBC treat you unfairly, use you as a cash cow, give bad advice or act unprofessionally in any other way. if you consider they did and you feel a judge may support your point of view, then it may be worthwhile entering a defense or even a counter claim. You may even find as I did that DG may want to settle out of court, HSBC has had a bad run recently in the courts. I had my not inconsiderable charges written off, since the Supreme Court Judgement by agreement out of court and got the distinct impression that whilst DG are happy to obtain a judgement by default, they are not too keen to risk a fight and bad publicity, if you have the slightest worthwhile defense.

 

Carningli