hsbc v sbennett ***WON***

[darkrage]

just spoke to the court clerk - she said to still attend - dont cancel action - then on monday explain to the judge about the settlement and hand him the wasted cost order as he may query items in the order and then award what he thinks is appropriate:-D

[freakyleaky]

Way to go! Sounds easy! Have you seen the wasted costs thread just to give you an idea of what the judges are awarding? Wasted Costs order

[Castlebest]

and dont take the light saber to court

 

pete

[darkrage]

ok i need help with mine

 

so im guessing bankfodders letter is the cover note and the draft order is to be supplied aswell - bit on the draft order that does not apply to me - my case is being heard on monday and ive only just now settled with hsbc but they cant action it until tomorrow meaning i wont recieve settlement until monday am this means i have to attend court and give district judge my wasted cost order.

 

so my questions - do i need to give him that order or just a letter with attatchments or should i post out everything now and still turn up on monday?

[Castlebest]

Well if your going to court anyway I think it would be rude not to go and say hello to the judge and apologise for the position you have been put in by DG's delaying tactics.

 

I think a personal face to face talk even if its only a couple of minutes would show you in a much better light in the judges eyes, at least you made the effort to go to court to apologise and its not even your fault.

 

Plus if you then say I have my draft wasted costs order here could you just make any sugestions before I submit it he will probably look at it there and then and the lest he will do is give you guidence if not authorise what he thinks is fair on the spot would save him time if he did.

 

Well that looks like a plan

 

pete

[darkrage]

my thinking too pete thx for the reply but do i need to print off the order as is in the wasted cost order thread?

[Castlebest]

I think if you have it all there for him/her (marked draft) then all you judge will have to do is cross out the word draft and sign it, try to make it as easy as possible for them

 

pete

[darkrage]

hokey dokey - it comes to about £220 in total lets see how he feels about that.

[pinkduchess]

good luck for monday

[lateralus]

yeah, i think that's worth a trip to court - be sure to park properly else they'll get it right back in clamping charges then you'll have to go on another forum and discuss that!!!!!

 

really, good luck - i like the way you are seeing it through... you deserve the lot!

[darkrage]

yes i tend never to give up onwards and upwards shame i dont have many more to claim against.

[lateralus]

after watching trevor mcdonald last night - i'm looking into our council tax band and also a mortage exit fee reclaiming - this is fun!!!

[Castlebest]

I saw that too Lattie and much as I find Martin Lewis an annoying presenter he does find the places where we are being ripped off and put the point over in a clear way.

 

Checked my Council Tax already and I think they got it right Mortgage exit fee next

 

pete

[lateralus]

checked my council tax band and i think we are actually in a lower one than we should be so - won't be querying that one! on to the mortgage fee thingy

[lateralus]

good luck!!!

[darkrage]

ok in court in the morning to tell the judge they have settled at such a late date - oh and by the way this is a wasted cost order for you to agree too thx :o

[Castlebest]

no no no no.... he/she is the boss, he/she does what he/she wants... you grovel

 

 

pete

[freakyleaky]

Good luck dr!!! As pete says, softly softly with the judge! He is your best mate as long as you keep him/her sweet!

[darkrage]

no joy with the wasted cost order - the judge was willing to set aside but also brought me upto speed with the pro's and con's of another hearing. so i decided to leave it and just be happy with what i have won.

[Castlebest]

Probably for the best

[darkrage]

cheque has arrived woohoo - 1 thing the judge did say yesterday was it is a shame mine did not get to a court room because he would of liked to hear both sides of the arguement regarding terms and conditions clause 7.14

 

(he did know his stuff too especially regarding hull strike outs and lloyds tsb case he did mention another case which lost in court as well as the lloyds tsb?)

 

thank you all for helping me to this outcome -

 

ive got 2 more cases for other people to continue with 1 being hsbc and 1 being lloyds the llotds case is overdue for court action - will need help with this one as they are spouting a different arguement.

[lateralus]

this for the court then -

 

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

Notice of Discontinuance

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully

and make sure your win details get to a mod to get included in the settled cases.

[livelylad]

Thread moved to success forum.