norty25 vs HSBC - back again

[Norty25]

thanks - and how about the draft order of directions - do this immediately or await a response from the nudge?

[Norty25]

well I sent the nudge letter yesterday anyway, I'm a bit confused about the draft order of diretions though?? also my notice of transfer of proceedings told me that the AQ is being dispensed with and there was a mediation leaflet enclosed but didnt really say much else - will I hear again from the local court with directions of how to proceed? shoudl I get the draft order of directions in before this or wait until after?

 

Also (just to add to my stress levels!) I'm moving house next weekend (and getting a kitten!) so I'll write to DG solicitors and the local court with my new address - is there anyone else I should notify?

[Norty25]

Hi,

 

Haven't been on for a while as have moved house and only just got internet up and running nat the new place.

 

It's all gone t*ts up dueing the process of moving - had a court date delivered to the old address and didnt manage to retrieve it until last friday by which time the date had passed for evidence to be submitted!!

I had written to both the courts and dg sols to warn them of my house move and the fact that there would be a delay in mail getting to me and have now written to the courts again to explain the situation and request an extension.

Not getting my hopes up though what a mess, looks like all my hard work will result in sfa all because I didnt manage to get a mail redirection sorted in time. highly p*ssed with it all really, should have accepted their first poxy offer

hey ho, im getting a kitten in a few weeks so that cheers me up a bit.

[lateralus]

let's hope the court sh ows a little compassion - especially as you told them ahead of time that you were moving! let us know what they say.

[pinkduchess]

nightmare!!- bet you could have done without that on top of moving. hopefully as lat says they'll sort you out another date due to the circumstances.

[Norty25]

thanks, i hope so too - will keep you posted..fingers crossed!

 

sorry for the rant, was a bit miffed with it all

[Norty25]

Hi,

 

Haven't heard anything from the courts as yet (sent letter 18th June) am I being inpatient or should I write to them again now? or is a phonecall better do you think?

 

If they dont respond am I able to refile my claim again?

 

Thanks

[lateralus]

i'd ring and ask if they received your letter

[Norty25]

will do, will let you know how I get on,

 

thanks

[Norty25]

Hi guys,

 

I received a new order from the Distruict Judge today with an extension to comply with the original order (to supply documentation in support of my claim) unfortunately the date for compliance was extended to 19th June but the order wasn't sent out until 28th June so it had already passed!

I phoned the court to query it and the person on the phone couldn't understand it either - suggested that I write to the judge to request clarification of the extension date, which I have done today.

However! the court date is 1st August, so I'm expecting this will be postponed to a later date to allow DG sols to respond (think they have to be given 28 days after the date that I submit my docs to respond with theirs)

 

So, now I'm a bit more positive about getting an extension, I need to put a statement of evidence and supporting docs together ready to send out to court and DG sols.

PLEASE HELP! what sort of stuff so I need to put together? god this is very scary now!

[2makemoremoney]

Hi Norty

 

I am in similar predicament. I have just printed off court bundle that is attached to one of my messages (sorry dont know how to put the link on here) and then I had to photocopy EVERY piece of paper I've reciaved from courts, DG, What I've sent them etc etc etc. Along with spreadsheets, T&C's of Bank and Statement of Evidence.

 

Hope I've got it all correct. Just print off everything, apparently you cant have too much but you can have too little information.

 

Good luck with your case hun.

 

Jo

[lateralus]

well as you've missed it and been given another chance - i'd leave nothing to chance - get going on the full bundle - that will give them all something to gnaw on - really do the whole thing and send it to both the court and dg as soon as you can - follow this link - it's all therecourt bundles for dummies

[Norty25]

Hi thanks,

am starting to work on it now - should I wait for a response from the courts on a further extension before submitting it all (see post #60) or just submit in the assumption that they will extend and postpone the court date?

 

Also is it worth sending another nudge to DG at this point or leave it to the courts?

 

norty

[pinkduchess]

have you got a definate court date & bundle deadline confirmed now?

[Norty25]

Hi,

 

Received another order from the courts today to confirm that my original small claims hearing will be postponed until 12th September and that I have until 2nd Aug to get my bundle in, then DG have until 16th Aug to submit theirs.

 

Will DG have received this or should I be sending them a copy?

 

Also just a small thing in relation to the bundle - does it need to be put into a numbered word document or is it ok to print everything on and manually write page numbers on?

 

cheers

[Castlebest]

I dont think it matters as long as its numbered

 

pete

[pinkduchess]

hi norty - glad they sorted you out with another date. good luck with the bundle:)

[lateralus]

the court will tell dg

[Norty25]

Thanks all, will keep you posted!

[Norty25]

Hi again,

 

I'm just trying to write my statement of evidence and am not sure which one to use from your link.

In their defense DG have stated the following which would lead me to use the first statement:

"The defendant denies that the charges applied to the claimants account amount to penalties at comon law and /or unfair contract terms for the purposes of the unfair terms in consumer contracts regulations 1999 (UTCCRS)"

 

But then they also state that the charges are reasonable which makes me wonder if I should use parts of the second statement?:

"The charges applied to the claimants account are reasonable and are poperly and fully disclosed inthe Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRS are not applicable to them; alternatively, they are not unfair contrary to the UTCCRS. Further the charges are not default charages and, accordingly, cannot amount to a penalty."

 

Also do you think they have explained the reasons why their charges are not penalties enough in their defense or do I need to include the linked staement as per your guidance below?

"One or two banks don't plead in detail as to why their charges are not a penalty, only that they were debited in accordance with the T&C's, etc - Ie. Barclay's. If this is the case, this statement would be the most suitible - http://www.consumeractiongroup.c o.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post492578"

Sorry for massive post! your help is much appreciated!

 

 

[Norty25]

Hi again,

 

ignore previous post I've read through the statements properly and am happy now that it should be the first one I'm using.

 

However I'm struggling with some of the extra enclosures as I had a mass clearout a couple of years back and have chucked most of the correspondence I had from HSBC (foolishly!)

 

Please could someone either send me or point me in the right direction for the following bits and bobs?

 

Documents attached in support of this statement

• Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

• Office of Fair Trading report, April 2006
  
• House of commons early day motion, May 2006
  
• Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day
  
• BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission
  
• Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT
  
• Transcript of telephone communication with Lloyds TSB 'personal banking' department.

THANKS SO MUCH!

[Norty25]

Hi again,

 

just wondering if there is any correspondence similar to that of Martin Ortons that is relevant to HSBC? if not is it ok to use this evidence relating to Lloyds TSB?

 

ta!

[Norty25]

Hi sorry to pester on this one but got to get docs in by 2nd aug so starting to panic a bit! please can anyone help me with the missing bits?

 

So far this is what I've got:

Statement of Evidence

Correspondence

Schedule

Bank Statements

Court Bundle (from your link - thanks)

 

bits I think I still need:

• Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

• Office of Fair Trading report, April 2006
  
• House of commons early day motion, May 2006
  
• Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day
  
• BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission
  
• Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT
  
• Transcript of telephone communication with Lloyds TSB 'personal banking' department

I've tried the links for the various bits above but they dont seem to be working?

 

Also need T&C for 2001 if available, not sure if I should just use the 2004 PDF available on your site?

 

anything obvious I've missed?

 

BIG THANKS!

[jowalshy]

If you PM me your e-mail address I can e-mail the following over to you:-

 

OFT report

House of Parliament thing

BBC conclusion

Aussie report

Peter Mcnamara transcript

[lateralus]

Early Day motion from the House of Parliament