Calling all HSBC claimants!! Why restrict your claim to 6 Years?!!

[tetley75]

Great thread, thank you bong

[make_me_happy]

Bong, sorry to be daft, but can you explain to me why exactly you have requested their defense to be struck out? Is this something we should normally do in the process? Does it make it easier for us to win? You sound so professional!!!

 

[Guest bong]

Bong, sorry to be daft, but can you explain to me why exactly you have requested their defense to be struck out? Is this something we should normally do in the process? Does it make it easier for us to win? You sound so professional!!!

 

 

hi mmh,

 

I applied for the defence to be struck out because it was clearly insufficient as regards my particulars of claim, i.e. it showed they weren't responding to my claim because it responded to allegations that I hadn't even made and showed that they weren't even aware whether it was a business or personal account. The way I looked at it was it was me taking them to court, and they had to deal with my claim, not someone else's. I had individually drafted my own particulars of claim and there is a legal requirement for them to deal with every allegation made.

 

It is not something that everyone should be doing, most people have standard 6 year claims with statutory interest and they will get this by using the standard template POC.

 

If people are claiming more than the standard (going back more than 6 years or claiming contractual interest, or asking for default removal etc), then I think they should expect a defence that deals with those aspects of the claim, and if it doesn't, then they have the right to, and should, bring this to the court's attention. It could be in the form of a reply to defence, filed up to AQ stage or with the AQ. If people feel that the defence is so ridiculous then it is my opinion, but I'm not advocating it, that an application to strike out the defence is appropriate. Each case has to be treated individually and according to the claimant's wishes and circumstances. I know that court, for a lot of people, is something they want to avoid at all costs, knowing that the opposition will be professionally represented.

[Glenn UK]

If i might add to Bongs post, there are also potential problems with getting the claim struck out.

 

There is a cost issue should they not get their defence struck out, you could end up with a bill to pay i believe at least in theory.

 

then there is the issue that if you get their defence struck out then dependant on what the court order, they may be able to put in a revised defence and this could delay proceedings further.

 

As Bong says if the defence clearly doesn't match the submitted POC then its up to the claimant to decide what to do.

 

I did the same, made an application that is, the abbey offered to revise their defence and so i had little real choice but to withdraw the application since the court probably would have allowed the revised defence.

 

HTH

 

Glenn

[BreezyDay]

Hi Bong

 

On your POC, you made reference to a report from the Competition Commission "Northern Irish Personal Banking" report

as evidence that the defendant is aware that the income derived from its default charges is calculated to generate material profits and is not merely a means of recouping losses incurred in relation to account defaults.

 

Were you quoting actual text in the report or is this a summary in your own words? I only ask as I can't find exact reference to it.

 

Thanks

[Guest bong]

the link is here breezy http://www.consumeractiongroup.co.uk/forum/helpful-external-links/44049-competition-commission-essential-report.html?highlight=competition+commission#post349757

[BreezyDay]

Bong

 

Thanks for the link but I had already found the report and read through it but it was the specific lines/para that I was after that mentions about "income being derived from its default charges".

 

Basically, I wanted to know whether you (or someone else that had previously referred to it) were actually quoting from the report and if so, do they have a note of the section it is taken from. Or, had someone made up their own summary/paraphrased it.

 

Sorry if this seems picky but if I intend to use it, I want to be sure of its accuracy. As an aside, I think an update to this report in 2006, has now come out but I am having trouble locating that too!

Just found: it was a News Release released in March 2007 on the "Provisional Decisions on Remedies".

[Guest bong]

BankFodder has referred to it in the post which I linked you to. But you would need to make your own interpretation of the report if you wanted to refer to it in your evidence. Yes, I think the site search facilities haven't yet been returned to normal since the Whistleblower programme.

[BreezyDay]

BankFodder has referred to it in the post which I linked you to. But you would need to make your own interpretation of the report if you wanted to refer to it in your evidence.

 

I just wanted to check whether it was an actual quote but as far as I can see, unless anyone can correct me, it isn't; it's someone paraphrasing and like you say, it would be up to me to refer to it in my own way.

[Guest bong]

gotcha now, sorry!!! no it wasn't a quote from the report, it was a personal opinion.

[femaletaffy]

Hi Bong. Well done for all your hard work and advice you are giving on this site..lI have watched your threads as you were making your claim with HSBC as i am doing the same but my Account is with Barclays.I am also claiming with HSBC but not for more than 6 years.Do you mind if i send you Private messages for some advice as i am at the stage where i have sent the LBA and am waiting on a reply.I dont understand all this legal jargon and am confused and tempted to back out as dont want to go to court..Please can you help me????

[Guest bong]

I don't mind if you PM me but I warn you that I don't always manage to answer all my PMs quickly, and sometimes it might be as well to post your questions in the forum just in case you need some rapid help and I can't manage it for whatever reason. I'm not sure what to advise really about your Barclays claim, we can all support you up to court hearing stage, but no-one can actually place any guarantees that it wouldn't end up in you having to go to court. What period are you talking about, a few months over the 6 years or much longer than that?

[BreezyDay]

gotcha now, sorry!!! no it wasn't a quote from the report, it was a personal opinion.

 

Appreciate that Bong. Ah well, it did force me to read the report (most relevant sections anyway) whilst searching for that particular bit! I'm glad you cleared that up for me. At least I will be familiar with the CC's report if I need to 'reply upon it in court" as they say!

 

I'm using your POC as a framework in which to adapt my own (hope you don't mind btw) so obviously need to ensure that whatever I reference, is accurate.

 

Many thanks.

[Guest bong]

that's fine with me breezy. I'd also recommend taking a look at Glenn UK's most recent POC (v Abbey), its got some other useful snippets like asking the court for a declaration that the charges are a penalty, asking for an account of profits, and some more up to date work we've done on the CI aspect, if you're interested. http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey-21.html#post688937

[lellypea]

Ding Dong Bong!!!!!! bill-k has just pointed me to your thread. Wow....what a monumental performance ..you have been brilliant.

Thanks for all the help your battle will give me.

 

Hey girl - enjoy!!!!

 

best wishes lel

[Gez]

Top man bong! I'm going to do the same thing with HSBC for my girlfriend http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78648-gez-hsbc.html#post691640 and once I've done that I'm going to look at doing it for my parents against NatWest & Abbey back to the early 1990s. I mught bug you from time to time if thats ok.

[chezt]

Top man bong!

 

Here we go again!

 

Gez ... Bong is a lady!

[Gez]

Whoops, sorry bong! :o

[givememymoney]

Top man bong!

 

Bong is a girl a hot chick!!!

:D :D :D

[chezt]

Whoops, sorry bong! :o

 

I think she's used to it by now Gez ... let's just say it's not the first time!

 

We think it's her 'go get 'em attitude' .... Gives the impression of being a brave bloke and not a woman ... Bong u do us ladies proud .... GO GIRL!

[femaletaffy]

I don't mind if you PM me but I warn you that I don't always manage to answer all my PMs quickly, and sometimes it might be as well to post your questions in the forum just in case you need some rapid help and I can't manage it for whatever reason. I'm not sure what to advise really about your Barclays claim, we can all support you up to court hearing stage, but no-one can actually place any guarantees that it wouldn't end up in you having to go to court. What period are you talking about, a few months over the 6 years or much longer than that?

 

 

Hi Bong thanks for your reply.. the account is actually closed now but i am claiming from 1995 - 2002.. totaling 7 years..I have sent LBA and am awaiting on a reply.. Ill keep all posted to next response..I just dont understand all the legal side and what to quote in next stage!!!

[detayo1]

Wow Bong! I can see you've been very busy as you are in such demand, so if you don't respond to this I'll understand.

 

I posted this on the Halifax forum a few days ago, but I haven't had a response yet. I have copied and pasted it below: hope you could advice me further.

 

Also Capital One wrote to me on 11.4.07 that they would pay in full. (937.65) They also wrote to the Court the same day stating they had refunded the full amount to me and had written to me about it. (I'm still waiting for the cheque) I received a form from the court today asking me to tick whether I wished to proceed or not. Must return form to the court before 16.5.07 otherwise claim would be stayed. Should I wait a bit for the cheque before responding?

 

Best Regards. Pls see my main enquiry below. Thanks

 

Hello again everyone,

 

Following my prelim request letter, I've just recd a letter from the Halifax acknowledging my dissatisfaction with their charges (referred to as a complaint) and that 'their regulator, the Financial Services Authority, gives them 8weeks to investigate and respond to complaints. 'They hope to respond fully within 4weeks or write to advice further.

 

As advised on this site, surely, I'd progress to the LBA after 14days as it is my time table. (Am I right?)

 

Now my dilemma....., The Halifax sent me statements from 1999, however, I only made a claim to cover the last 6years, (2001-Date). I have now read BankFodder's encouragement to claim beyond 6years. 'Livelylad' also kindly sent me a link whereby 'bong' made a successful claim going back 13years!

 

As I had already sent a Schedule of charges requesting refund of charges in the last 6years, should I make a separate claim from 1999 - 2001, or send them another letter revising my claim as 'bong' did? What about my deadlines if I revise my claim. Do I start all over again?

 

Can I request further statements as I have been with the Halifax since 1992/3 and I'm sure they've charged me over these period.

 

Crucially, Could I claim for the period beyond 6yrs separately as 'livelylad' as kindly advised that cases had been won & lost here.

 

Best Regards

[Castlebest]

pink fluffy teddy indeed.... that legs in the air for life girl

 

pete

[Guest bong]

Wow Bong! I can see you've been very busy as you are in such demand, so if you don't respond to this I'll understand.

 

I posted this on the Halifax forum a few days ago, but I haven't had a response yet. I have copied and pasted it below: hope you could advice me further.

 

Also Capital One wrote to me on 11.4.07 that they would pay in full. (937.65) They also wrote to the Court the same day stating they had refunded the full amount to me and had written to me about it. (I'm still waiting for the cheque) I received a form from the court today asking me to tick whether I wished to proceed or not. Must return form to the court before 16.5.07 otherwise claim would be stayed. Should I wait a bit for the cheque before responding? If it were me I'd write to them pointing out that I hadn't received payment despite what they've stated to the court (have you checked to see if they've credited your account?) and telling them that if cheque isn't received within 10 working days I would be proceeding with the claim.

 

Best Regards. Pls see my main enquiry below. Thanks

 

Hello again everyone,

 

Following my prelim request letter, I've just recd a letter from the Halifax acknowledging my dissatisfaction with their charges (referred to as a complaint) and that 'their regulator, the Financial Services Authority, gives them 8weeks to investigate and respond to complaints. 'They hope to respond fully within 4weeks or write to advice further.

 

As advised on this site, surely, I'd progress to the LBA after 14days as it is my time table. (Am I right?) yes, but if you want to add in older charges no.

 

Now my dilemma....., The Halifax sent me statements from 1999, however, I only made a claim to cover the last 6years, (2001-Date). I have now read BankFodder's encouragement to claim beyond 6years. 'Livelylad' also kindly sent me a link whereby 'bong' made a successful claim going back 13years!

 

As I had already sent a Schedule of charges requesting refund of charges in the last 6years, should I make a separate claim from 1999 - 2001, or send them another letter revising my claim as 'bong' did? What about my deadlines if I revise my claim. Do I start all over again? I'd keep it all in one claim. request the older info, then when you're ready send them a LBA pointing out that you have delayed furthering the matter because you were awaiting additional info. that they had ommitted to send you before, and drawing their attention to the revised the amount you are claiming.

 

Can I request further statements as I have been with the Halifax since 1992/3 and I'm sure they've charged me over these period. Halifax have provided data back to 1991 to another user, redsonja.

 

Crucially, Could I claim for the period beyond 6yrs separately as 'livelylad' as kindly advised that cases had been won & lost here. I'd do one claim, I feel it is safer.

 

Best Regards

 

I hope that helps

[Glenn UK]

just a thought

 

Can I request further statements as I have been with the Halifax since 1992/3 and I'm sure they've charged me over these period. Halifax have provided data back to 1991 to another user, redsonja.

 

if you have used the site SAR template then you have already asked for all your data for the whole account history.

 

In that case you do not need to make a further request, simply write to them and tell them they have not complied fully and you want the rest of your data.

 

Edit Batman forgot to say if you haven't used the site template then you need to be clear that any new SAR addresses something different to the previous one, they don't have to take notice of SARs submitted for the same info if they are lodged close together.

 

 

The choice is then yours as to whether to take them to court or report them to the ico if they do not comply.

 

HTH

 

Glenn