HBOS successfully defended claim for contractual rate. Court hearing date extended.

[GaryH]

As Westy said, we need to see your POC's.

 

Also, was it Rachel Hinchliffe who turned up in person?

[puddock]

Puddock, why the hell did you not get back to me two weeks ago when I expressed deep concern about your claim, both on your thread and by PM?

 

I did not choose to ignore you at all. A very serious family matter arose which caused my delay in getting back to you. HBOS have stopped replying to any of my letters asking for a rate etc. The 20% rate I claimed was based on another case that HBOS settled out of court at 20%. Thus with no other rate to go on, I used their previous case as my bench mark.

 

The judge was not interested in mutuality andreciprocity. I appear to have made a mess of this case, thus the reason for a solicitor to deal with the adjourned case. HBOS employed a local Newcastle solicitor.

[puddock]

When you say "he will come down in the bank's favour", do you mean he will find against you altogether, or only award you the 8% statutory interest? ;-)

 

He is wanting the bank to offer me a compromise figure between the 8% they offerred and the 20% I claimed. Although he did state I should have tried to claim about 28%...too late tho!

[puddock]

As Westy said, we need to see your POC's.

 

Also, was it Rachel Hinchliffe who turned up in person?

 

What is a POC? I have had dealings with Rachel Hinchliffe in the past she was fine. Jamie Magill is the problematic one to watch. A Newcastle solicitor was employed.

[natwesttookmymoney]

POCs are particulars of claim.

 

"Although he did state I should have tried to claim about 28%"

 

The reason he said that wasn't for generosity: it was because that's their 'unauthorised borrowing" rate. That's the one that mutuality and reciprocity applies to, not something that's plucked out of the air - which, I fear, 20 per cent is. I'm familiar with that thread and, if you'd read all of it, you would have seen why the argument failed - it was neither one thing nor the other. The guy who claimed it, did so on a 'split the difference' approach, between authorised and unauthorised. It was a kind of average. there was absolutely no legal basis for it at all. I believe the bank settled but I strongly suspect it was because the amount was less than they could have been liable for.

 

I don't know if this is beyond redemption but I think you're going to get less than you could have. But no matter - you'll have more than you had at the beginning of the process.

 

the problem is, you're a bit in their hands. Find out what the authorised rate is for overdrafts and be prepared to argue for that. If you have been in overdraft for the bulk of the time you're claiming for, then you should be able to argue very strongly that the authorised rate is at the bottom end of your actual loss.

 

Suggestion: write to them along these lines:

 

"I am minded to propose that xx.xx% (their authorised rate) is a reasonable point of settlement. I believe I can argue effectively that this rate represents demonstrable loss to me as a result of charges levied against my account and will be prepared to make representation accordingly."

 

That's just off the top of my head. Anyone else got any ideas?

 

One thing you must not do in the future is seek to 'wing it', Puddock. You will fail if you try. Read a bit more in the successes threads and go over the FAQs and step-by-step guide again.

 

I'm afraid there are no short cuts.

 

Best wishes

 

Westy

[JonCris]

Hi Puddock

It's not my part to admonish you but having just read your posts it does appear that you have only yourself to blame for your current situation. You have ignored the advice of Gary et al which is obvious in that you didn't know what a POC is.

 

Anyway returning to the hearing. All is not lost.

The judge has NOT yet found for HBOS. What he has done is grant you a continuance to give you time to present a coherent argument in your claim for contractual.

Had the judge been of the opinion that your claim for contractual interest was without merit the judge would have found for HBOS.

It's not enough just to claim contractual interest you have to give an argument as to why it should be allowed.

 

If you fail to put forward a solid argument & lose it effects all of us in that it gives the banks hope. I strongly suggest you let us see your intended arguments before you put them to the court.

[debt_mountain]

I am very interestedin your claim as I am going for HBOS in the same court, I am going for 15.9% which is the contractual authorised rate. I chose this as the unauthorised rate took my claim to almost £20 grand which I think would have gone fast track.

 

I have also added that as the funds were unlaswfully take from my account I have not benefited from having this invested in any way and am trying to claim for 4.8% savings rate ontop.

 

I am also using the arguement that they have used my unlawfully taken cash and lent it to other people a higher rates for credit cards and loans. I have pulled evidence from the hbos website showing these higher rates showing they are benefitting from my funds.

 

Still got a lot more digging to do but as yet they are 4 weeks overdue with the AQ and just got a 7 day order from the judge to get them in. Guess my court date will be about 6-8 weeks away.

 

I will also be stating that much of my charges were charge at the unauthorised rate but as I did have an overdraft for some of the time I was only claiming for the lower and I beleive more justifiable rate.

 

I will be doing a lot more studying in the next couple of week so will let you know what I dig up.

[JonCris]

Please explain you 5.9%! as contractual

[natwesttookmymoney]

You beat me to it, JC!!

[debt_mountain]

someone nicked my 1 key.

 

Edited now. thanks

[Falkirk1298]

Hold the boat a moment here - when did we move from Jedburgh Sheriff Court to Berwick and Morpeth County Court? Have I missed something?

 

John

[JonCris]

someone nicked my 1 key.

 

Edited now. thanks

 

Thats better.....................had us all worried you did..........don't do it again

[debt_mountain]

Puddock, any update on this?

[puddock]

Nothing to report as yet. I am still looking for a proficient English lawyer who is offay with the bank charges scenario. In the Berwick upon Tweed area.

[puddock]

Hold the boat a moment here - when did we move from Jedburgh Sheriff Court to Berwick and Morpeth County Court? Have I missed something?

 

John

 

Moved to the English system to allow for larger claims, up to £5,000, whereas the Scottish small claims system is only up to £750.

[GaryH]

I'm no lawyer, but I really can't see how any solicitor or legal professional worth their salt is going to touch a case such as this. The basis for contractual interest claims is flimsy and untested at the best of times!

 

If you want my opinion, you should write to the judge in a respectful and polite tone and withdraw the claim. Tell them you've taken advice and in the interest of mitigating your loss, have decided to accept the defendents initial settlement. Up to you though obviously.

[gordieboyglasgow]

Registered office is:

Bank of Scotland PLC

The Mound

Edinburgh

EH1

(one of the most famous landmarks in Edinburgh)

 

Hi

 

I know it may only seem minor but Bank of Scotland ISNT a PLC. the only reason I say is because I added mistakingly added PLC onto my claim and I think it has caused me loads of problems, because apparently legally as Bank of Scotland PLC doesnt exist anything served on them becomes useless (you can't sue somebody / something that doesn't exist obviously).

 

Only a minor point I know but could potentially have massive implications.

 

Cheers

 

G

[debt_mountain]

Nothing to report as yet. I am still looking for a proficient English lawyer who is offay with the bank charges scenario. In the Berwick upon Tweed area.

I was at a case against Nationwide this week for additional interest and although I didn't win I also don't feel I lost. My POC was very poor and the reason I didn't win. I was not claiming contractual which was the problem, I was trying to get loss of savings interest.

 

Anyway the solicitor for the defence was from Newcastle and he did take on the Nationwide claim at 3:30pm the day before the hearing but his fees (he tried to get the judge to make me pay them) were £617.11 (that did include the £300 for travel to the court from Newcastle). That is the reason I don't think I lost, Nationwide still had to pay the £617.11 legal fees.

 

PM me if you want the details.

[Falkirk1298]

Moved to the English system to allow for larger claims, up to £5,000, whereas the Scottish small claims system is only up to £750.

 

Maybe better if we ask a Mod to move this thread out of the "Scotland" secion and into the BoS/RBoS section then, as Scottish procedure no longer applies.

[debt_mountain]

Have you been back to court yet?

[Janet-M]

Maybe better if we ask a Mod to move this thread out of the "Scotland" secion and into the BoS/RBoS section then, as Scottish procedure no longer applies.

Done