Kelley V's HSBC

[kelley]

Thanks Lat I did read the thread and do feel a lot better for doing so!

Although now I really have the need to prepare myself, after speaking to the lady at the courts on the phone the other day she told me that my claim would again me transfered to Cardiff,(away from my local court) and that it would not be long before I recieve a date for a hearing.

I am concerned about the court bundle as I have no idea about this, I have downloaded the bundle from here but have no idea what Im doing with it??

Have I bitten off more than I can chew???

Please help me

Kelley

I sent my 1st nudge letter to DG this morning also

[lateralus]

good, and did you remember to send a breakdown with it.... if not - send another one anyway - and send another nudge in 10 days or so.

 

the paperwork is just like 200 plus pages of copying - so leave it until about 4-5 days before you actually need it - dg doesn't want to do it either - so they will make you an offer - hopefully far enough ahead that you won't have to do it (and it's 3 copies of the lot - one for court, one for dg and one for you - so that's a small forest of paper - leave it as i said until 4-5 days before) but you'll feel better if you read up on it - so take it from this:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

ok, first one is easy,

second one, that's your statements that have charges you are reclaiming on them - also easy - half way there! lol

third one, follow the link - it's just copying and their defence is usually the service charge one - so if you don't get understand it on that thread - use this one:service charge. This one is fine for HSBC - http://www.consumeractiongroup.c o....tml#post732096

and four - try that court bundle link and it will tell you what you need.

 

there are lots who have had to copy it out and will be around to help.

don't worry.

 

for now - nudge and nudge again.

[kelley]

Thanks yes I included anther shedule,

ok so Im good with all that, just the court bundle..........can i just print the whole thing lol (3 times maybe??) lol

And have just read the statement so Im cool with that also

LATERALUS I LOVE YOU XXXXXXXX

God Id be so lost with out you guys MWWWWAAAAHHHH

Kelley

[lateralus]

yes, with a couple of exception - a little tweaking - it's just loads of copying - so leave it for now

[kelley]

Hi all, ok looking for advice...... I have sent 2 nudge letters to DG and I have had nothing back at all??

not even a up yrs letter....... is this normal,

Im worried now that they are ignoring my claim, till the court date in august?

[lateralus]

you don't normally hear from them until they offer (that's so rude!)

do you want to put your court directions up here for us to double check - just leave out the personal stuff - never hurts for another pair of eyes to check it - make sure you aren't missing anything.

 

i've done another thread since we last spoke - it's called court bundles for dummies - since so many were having to do it - i've tried to spell it all out - with lots of help from others.

[Dinkydoo]

Kelley if its any consolation our court date is the 9th July and we have still been stonewalled by DG. IF it goes to court ...it goes to court. Worry ye not at the moment it is still early days IMHO

[freakyleaky]

Kelly, dg treat everyone the same.they won't contact you until they have to. I think they do it to try and unnerve people in the hope they will go away.

Don't give them the satsfaction.

Follow the advice from here and you WILL get your money.

There are losds of people here who will help you through every step of the way.

[kelley]

Thank you all, it is unnerving that they dont answer you,

Lat Im off to check out your bundles for dummies, as that is sooooooo me!!!

Lol I said some where else in this thread that Im dull lol,

[kelley]

OK here is the latest letter I have recieved from the courts.

 

GENERAL FORM OF JUDGEMENT OR ORDER

Befoe DISTRICT JUDGE R LL HENDICOTT sitting at Cardiff county court,

 

Uponthe courts own motion.The court has made this order of its own initiative with out a hearing. If you object to the order,you must make an application to have it set asidevaried or stayed within 7 days of receiving it.

IT IS ORDERED THAT

 

1. Directions will be given in this case by the designated civil judge, His Honour Judge G Hickinbottom, on the 14th August 2007

2. The parties may appear in person or make written representatives as to how the case should procees provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

Ok, help..... what does all this mean, did I need to contact them, as Ive been away I have missed this 7 days of receiving deadline

 

[jowalshy]

You will need to ring the courts asap and explain that you have been away. You will also need to get together your court bundle and submit it to DG and the court asap. PM me or Lattie for further details on the court bundle if you are unsure as to what you need.

[pinkduchess]

i read this as meaning you can apply to have it set aside, varied or stayed within the 7 days of the order

 

but the bundle isnt due until 7 days before the hearing ie. 7 august

[jowalshy]

Thanks PD. I misread it. ooooops. :o

[pinkduchess]

no worries

[lateralus]

oh good, i thought i was having a real senior moment.

i think i'd do the draft order kelley -

what it asks for is basically for the judge to order the bundles submitted as soon as he says ok (giving you 14 days to do it - and dg another 14 to respond) but if that all happens - the sight of the bundle usually spurs dg into a quick offer -

so if you want to do that - tell us - i'll post the draft order and cover letter here for you - if you'd rather let it ride until august - that's ok too.

don't worry about the court bundle - loads have done it now - there is lots of help around.

[Castlebest]

GENERAL FORM OF JUDGEMENT OR ORDER

Befoe DISTRICT JUDGE R LL HENDICOTT sitting at Cardiff county court,

 

Uponthe courts own motion.The court has made this order of its own initiative with out a hearing. If you object to the order,you must make an application to have it set asidevaried or stayed within 7 days of receiving it.

IT IS ORDERED THAT

 

1. Directions will be given in this case by the designated civil judge, His Honour Judge G Hickinbottom, on the 14th August 2007

 

This is a directions hearing. Check with the court but Im pretty sure no bundle will be needed at this stage, the judge just wants to see you to sort out how to proceed.

 

2. The parties may appear in person or make written representatives as to how the case should procees provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

As Lattie said, you should write to the judge (copy to DG too) and put forward your case for his adoption of the CAG Draft Directions as you belive this will provide the quickest route to settlement with the least drain of the judge's and the courts valuable time (grovel grovel your honour )

 

Your judge has given you a court date for a directions hearing and an open door for you to suggest what you think he should do so tell him

 

pete

[lateralus]

i'm thinking, pete, timewise it's probably just the same - but at least it shows proactive thinking and a willingness to move forward to the judge.

 

so, kelley - nothing ventured - nothing gained -

tweak the first letter to your court directions.

 

 

 

 

 

 

 

[Your address]

The Court Manager

****** County Court

Court Address

Court P/code

 

 

[date]

 

Re: Claim No. XXXXXXXXX

 

 

 

 

Dear Sir/Madam

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with and that a date for a Preliminary Hearing has been set for 25th July 2007 at 10.00am. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date HSBC have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order. I think that this would expediate the matter, which will hopefully lead to an early resolution and therefore making a court date unnecessary.

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

 

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

 

 

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

 

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

 

 

 

 

enc: Draft Order

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  
  

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  
  

• d) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  
  

• b) Whether such charge is accepted to be a penalty, and if not why not;

  
  

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  
  

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  
  

• e) Any witness statements.

  
  

• f) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

 

 

that's all there is to the draft order request.

[kelley]

Hi all ok Ive had a bad few weeks, only now have I been able to do the draught order and the letter to the courts.

Yep I phoned the courts also this morning and was told yes I do need a court bundle, help......

I just print of the bundle? thats on CAG??

Photocopy & highlight all charges from by bank statement 3 times( 1 for me, 1 for DG and 1 for the Judge)

and another shedule of charges?

Anything else?

 

helllllllllllllllllp

lol

[pinkduchess]

i havent done mine yet but i dont think its just a case of printing it off. some parts need to be customised to your claim.

 

freaky will be around later

[freakyleaky]

Hi kel. No worries with the bundle! It is the key to riches! It is your friend!

 

Follow lats thread step by step.court bundles for dummies Once you have completed 1 thing, tick it off your list and go on to the next. Just come back and ask as many questions as you like along the way. You need to get it right so take your time!

 

get together all your corespondence with hsbc, mcol, dg and local court for starters! You will need 3 copies of everything! The copies go in the bundles and you keep the originals.

Also make sure you have all the statements to hand. And don't forget you only need the statements with charges showing on them!

That will keep you busy for now.

Just shout when you get stuck!

[kelley]

Thanks heaps, Im working solid for the next 2 day's but luckily I work from home so will start this tommorrow,

Ill let you no how Im getting on,

To be honest I was hoping it wouldnt get this far, but oh well in for a penny in for a pound and all that lol

[freakyleaky]

Well if you just think of this as the last stage before payment it will spur you on!

 

Remember, the bundle is your best friend! You send it off, dg send you a cheque! Lovely Jubleee!!!

[kelley]

Oh god I hope it is my freind freeky lol,

Dont want to make freinds with DG at court lol

Right time to get on with this bundle, !st thing to do is go back over these statements and highlight me charges and photocopy them, lmao ill be here for ages

wahooooooo

Kelley

[kelley]

Hiya

Well I did it, just cost me £11.70 to send my bundle to the courts and DG

Crikey I hope I get me money back!

[freakyleaky]

Well done Kelly! I hope I am congratulating you soon on a win!