Welshbaba 'v's HSBC

[lateralus]

now i make it about 7 -

if i was into conspiracy theories - i might think there is a bank mole in the court system!

 

just get in touch with the court.............

i don't see this as a big deal - just sorted it with a phone call

[welshbaba]

MCOL sent me the wrong paperwork (2 weeks ago), returned it as requested and still hadn't heard anything. Rang them this morning and they said "your case was electronically transferred to Cardiff on the 24th May".

Should MCOL have sent me anything elso tho? otherwise I would still be none the wiser if I hadn't rung.

Dont know whether to send nudge letter to DG because I dont have any transfer details or will I receive something from Cardiff.

Thanks

Sha

[Castlebest]

Hiya Sha, try phoning cardiff and ask, because you have had a bit of a mix up with the transfer if they have everything and what the curent position is with your claim.

 

I would ask about the allocation fee to while your at it too.

 

pete

[welshbaba]

Thanks Pete, will do it tomorrow.......chap at MCOL said the court would be shut today coz queens b/day - so 9am sharp tomorrow!!

Sha

[lateralus]

and nudges won't hurt - the claim is still on - even if the local courts haven't made any directions.

[welshbaba]

with regards to nudge letter - all the templates are for when they have been transferred or aq may or may not be required....as I dont have any of this to hand yet, any ideas on how I could word it. Want to say give me my dosh back, but in a more articulate way!!!!! lol

 

Thanks

Sha

[welshbaba]

Update on previous post. Just rang Cardiff court, she said I may get an AQ as some judges still use them, but would depend on judge and yep Pete, fee required.

She did say I should have had something from mcol but not to worry as I will hear from cardiff now telling me what i need to do - how long does this take?

Thanks

Sha

[Castlebest]

Hiya Sha, timescale depends on your local court and how backlogged they are at the moment so I would give it say a week then call again just to check whats happening, most of the court staff are nice and very helpful on the phone.

 

pete

[welshbaba]

Rang MCOL this morning to see if they are going to send me transfer of proceedings etc, they said they sent it on 24th May when it was also transferred to Cardiff. Was told to ring Cardiff as they would now have all paperwork..

So, rang Cardiff Court, who were really helpful and she said they havn't got any defence, tho not to worry about anything. She also told me my hearing date is 14th August and paperwork was sent to me Friday (2nd class)!!! She said there were between 300 - 400 to be heard that day..............and that she expected as usual that banks will settle.

Should I be doin anything particular at the min (apart from another nudge letter at end of week) to help.

Thanks

Sha:)

[parian]

Hi Welshbaba I'll see you there mine is 14th, 10:30 am, did they also tell you that they are going to try and get 3 test cases in july.

When do you think DG will settle???????

 

Rgds

 

Ian

[Mostyn1704]

Hi Sha

I'm a few weeks behind you, HSBC has until 11th June to defend. I filed N1 with Cardiff so may just be there at same time if there are 300 - 400 cases to be heard, or are there really thousands of us in S Wales persuing the bu***rs ! ?

[welshbaba]

Right, Ian u can bring the sarnies, mostyn drinks and I'll bring the picnic blanket!!!!! could be a long day then lol...

Still havn't received any of the paperwork yet.

Ian, from reading lots on here, it seems we should get an offer before court, and NO I didnt know about the test cases....... let me know if you hear anything before tho - otherwise see ya there

Sha :grin:

[welshbaba]

Today I have received the "general form of judgment or order" form from Cardiff Court.

 

 

It says: The Court has made this order of its own initiative without a hearing. If you object the order , you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

Directions will be given by the designated judge on 14th August etc etc.

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

 

Is this where I now get all my paperwork in order (its all filed in order or letters being sent and received). Could someone please send me in the right direction now regarding what I do next.

Thanks

Sha

[welshbaba]

Just rang the court and have been told that because no AQ being sent, I dont have to pay the £100 fee!!! (some good news at least). Is this the norm or just at Cardiff

 

Sha

[freakyleaky]

Diferent courts are doing different things with this. I had no aq but the court told me I still had to pay as the claim was for over £1500.

[welshbaba]

sorry to be a pain,but the letter I received from Cardiff doesnt really say alot - will I receive another letter telling me what I should take etc

Many thanks

Sha

[jowalshy]

Have you sent a draft order for directions in at all. May be you could do this.

 

The Court Manager

xxxxxxxxxxxxxxx County Court

(Address of your local court)

(date)

 

Dear Sir/Madam,

xxxxxxxx -v- HSBC Bank Plc

Claim Number: xxxxxxxxxxx

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 xx.xx.xx at xxam. 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,

 

 

Ms Jo-Anne Walsh

 

enc: Draft Order

Then attach the following on a separate sheet:-

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.

[welshbaba]

Hi JW, No I havn't sent anything like that. I thought the letter from my local court would say a bit more. I have read on some posts where they have to get all their paperwork to the courts and dg within 14 days so i think i was expecting it to say something like that. But, going by this letter its basically just saying go on the 14 aug - 10.30 in front of judge etc

Starting to feel very confused and wondering if i have missed something.

Sha:confused:

[jowalshy]

My letter from court just told me that I had a preliminary hearing on 25th July at 10am. Nothing else. No helpful leaflet with it. Nothing stating that I had to prepare anything. Basically not very informative apart from giving me the time and date of when I should attend. It looks like you got more info on yours than I got on mine .

[lateralus]

what jo is showing you is a way to bring it all to a head much more quickly if the judge agrees. read this::New strategy for Allocation Questionaires

and it will explain it -

but if you want to do it - jo - has given you a letter for the judge and the draft order for direction to attach.

he may or may not order it - if he does - you;ll need your court bundle sooner but in theory = they will deal much sooner. either way - it's your call. read and see what you think.

[welshbaba]

Thanks Jo & Lat,

will go and have another read - maybe take a break first as it seems nothing sinking in at the mo. Cup of "cha" and choccy biscuit should fix it

Thanks

Sha:)

[parian]

Sha I was told by cardiff that when I send my draft order in to send it to the district judges listing section, otherwise it will get tied up with all the other mail.

 

lattie should I send a copy of the draft order to DG??

 

Ian

[sharongina]

Now Im thinking should I be sending this draft order in

[lateralus]

ian, wait to see if the judge makes it a direction. then again, thinking about it - when we used to send it as part of the aq they would have seen it on the courtesy copy so - what the heck - use it in a nudge - saying you've sent it to the judge - wouldn't they like to make an offer before the judge has to become any more involved.

[parian]

thanks lattie

 

Ian