Kelley V's HSBC

[pinkduchess]

Hi Kelley

 

they have 28 days from date deemed served - that takes it to 14 May (Pete?)

 

only include the red bit if you are claiming overdraft interest

[Castlebest]

OK the important date is the deemed served date of the 16th April, they have 28 days to file a defence from this date so that’s the 21st May.

The 30th April date is the time they have to acknowledge the claim which they have already done because you have the acknowledgement paperwork.

 

pete

[pinkduchess]

I still make it 14 May

[Castlebest]

The 14th is only 21 days PD

 

pete

[kelley]

Great thanks all for your help there, so 21st may what happens then, ???

Ive been reading that these AQ's have gone out the window..... what do I expect now??

Ill be posting my letter to DG tommorrow with schedule of charges.

Thanks again all......I dont no what I would do with out you all,- Yes I do, I would of stopped after the 1st letter xxxxxxx

Kelley

[pinkduchess]

The 14th is only 21 days PD

 

pete

 

am I going mad here? I still reckon its 14 May

(deemed served 16 April + 28 days)

[kelley]

Lmao...... Ok I just got the calender out, yes Pink 28 days from the 16th is the 14th May.

Now what happens lol

Kelley

[Castlebest]

I stand corrected, I should know better than to argue with a lady about 28 days

 

pete

[kelley]

PMSLLLLLLLLL

There is always a 1st time for everything,

[pinkduchess]

kelley - this is the waiting bit to see if they defend & then whether you get the AQ or not. read up on latties thread relating to how it may go from there.

 

pete - phew, i am still sane

[kelley]

Hi all, just wondering if any one can help me out??

DG have till the 14th May to file there defence, is there a rough pattern to how long from then till I get my money?? Am I looking at 4, 8, 12 weeks etc??

Asking only as all of a sudden am in desperate need of some funds,

Many thanks

Kelley

[Castlebest]

Kelley I carnt get 28 days right how do you think HSBC will get on once your defence is in it seems a bit of a lottery, it depends on what your local court and District Judge wants to do... there is no logic to who gets offers at the moment.

 

pete

[kelley]

OH well then I guess I just sit & wait.

Cheers Pete xx

Kelley

[kelley]

OK, only a quickie, DG have till the 14th to defend, should i contact them at all, before the 14th??

(been ill for a few days so havent been on before now to ask)

I sent off the schedule of charges to them, even though they have not asked for them

Kelley

[lateralus]

no point in contacting them before the 28 days is up - they have that time to defend and they take it. when the 28 days is up you can try to press the button - it will most likely say you can't proceed on mcol - that would be because they have defended - then in 3-5 days you'll get a notice of transfer to local court and a copy of their defence. get back with what the court paperwork says. each local judge can deal with this in different ways so it's a wait an see thing once it is transferred.

in my signature are two threads dealing with aq info - both have ideas on post 1 for letters to dg - for after you get the transfer paperwork.

[welshbaba]

Hi Kelley,My time scale is exactly the same as yours, and as yet still not showing defended on MCOL. Been feeling exactly like you have...lol. Will be watching now to see the differences/similarites in the way they treat each of us.Good luckSha

[kelley]

Hey its great to see some one so close to home here, Im around the blackwood area,

Yes its at the point no that im just waiting and waiting,

Will keppin touch as may be able to help each other out with things

Good luck

Kelley

[pinkduchess]

not long now kelley - the waiting is a killer though i know

[welshbaba]

Hi Kelley, my claim is now defended (last minute)....... so to see what they do next. Has yours changed?

Sha

[kelley]

Ahh poo!!!

LOL they defended today,

So now what, I wait for confirmation from my local court right??

Kelley

[pinkduchess]

you'll get transfer papers to your local court. then you'll hear from local court telling you judges direction decision.

 

nearly time to nudge

[kelley]

Thanks Latti, I have just read your thread on A,Q's and was a great help, so now I sit and wait for a letter from my local court, and then send the nudge letter right,

Am I hopefull in thinking not to much longer before they spit my money back??

Kelley

[lateralus]

yes, they should send copy of dg's defence and a transfer to your local court - might be a week as they have a lot of this right now. you can be thinking about your first letter to dg...

[kelley]

OMMMMMGGGGGGGG

I just hd an e-mail, Loyds TSB have just won there defence

 

Lloyds TSB today became the first bank to win a court case after being sued by a customer for imposing allegedly unfair overdraft penalty charges. District Judge Cooke, at Birmingham County Court, dismissed a claim for £2,545 from Kevin Berwick, who argued that Lloyds TSB’s charges for having an unauthorised overdraft were illegal contractual penalties. He said that the Lloyds TSB’s charges were in fact legitimate fees for servicing an account that was overdrawn, and as such were legal. Lloyds TSB said it was pleased with the ruling. (no surprise there then!) “It appears to acknowledge our position in respect of current account service charges,” said a spokeswoman. “The court has agreed with us that these are charges for a service and not default or penalty fees as has been argued by others”.

As this judgment has come from a district judge, it is not binding on any other court, in the way that a High Court judgment might be, which gives some comfort to those of us that are pursuing claims against our banks for penalty charges.

However, as the first judgment of any kind in this sort of case, it could be a blow to the hundreds of thousands of people who are still trying to claim.

So far, many claimants have been successful because their banks have settled their cases before the issue came before a judge, precisely in order to avoid an adverse legal decision.

Now, the first decision in which a judge has given an opinion on the law has gone in a bank’s favour.

Marc Gander, of the Consumer Action Group said he was very disappointed. “We feel the judge has not considered the fact that disguising penalties as a fee for a service is a very common device for circumventing established law. The judge appears not to have looked behind the words on the contractual document,” he said.

Mr. Berwick was annoyed by the outcome of his claim and said “I was expecting to win as I made a good job of arguing my case”.

He is now considering an appeal after the judge gave him leave to do so.

So where does that leave many of us who are involved in all of this?

 

Oh boy, now Im really nervous..... Ive just had my transfer of proceedings to my local court, and have to say Im now worried that I will fail also.

I have no AQ and the lady at the courts have said they are not sending AQ's out now for bank charges, and that I would recieve another transfer from my local court down to Cardiff court, with a date to attend a hearing.

So now Im going to print off my 1st nudging letter and keep anything and everything crossed !!!!

 

Good luck all and heres hoping no one else gets bummed out in court xxx

 

Kelley

[lateralus]

go on the lloyds forum and read the first couple of threads - they clarify things a lot -

we were all gutted on wednesday - now it's back to business as usual.