Chunky Linc Vs. HSBC

[Castlebest]

Chunky !! you dog good to see your still with us

 

I think DG will say this fulfills their obligations

 

1) Letter from DG referring to the order granted by Norwich County Court dated 23rd Aug 07 and to refer to the terms of that orer and that further info on the test case was available at the OFT's website.

 

you will have to go and see what it says, from memory its was a bit vague last time I looked.

 

pete

[chunkylinc]

No I never recieved a POC from DG, but the letter they sent (within the time frame) me did give the website details, so in essence they will say that they have met their obligations.

[freakyleaky]

If they have supplied you with the web address then they have complied with the judges directions!

[jowalshy]

Oh poo. I was looking forward to doing battle over that one.

[chunkylinc]

sooo does anyone know how that test case is going, or if it's even started yet?! I guess we can do nothing now apart from sit down and wait for what will be ages and ages and ages.....!

 

In the meantime do you think it would be worthwhile starting the early part of the process with a couple of credit card companies who have robbed me...

[Castlebest]

Hey Chunky ltns , the test case is due to start on the 14th January 2008 so yep just sit tight on bank claims

 

Credit cards arnt covered by the test case if you word the POC's right so yes get them going any help you need just shout.

 

pete

[lateralus]

Banks 'playing con trick' on judges

and

Banks accused of tricking customers over credit card charges - Times Online

 

just a couple of articles dealing with this. the banks are supposed to be dealing with credit card complaints in the usual way. so, by all means - yes, start those claims.

[chunkylinc]

It's all been very quite since this test case kicked off, does anyone know how it's going? or how long it will last?!?!?!

 

I did actually send back the very last letter D&G sent me, crossing out a few dates as I didnt agree with them, but in essence signing as to say yep I'll setttle. I sent it first class recorded delivery and I know it was signed for on the very last day of the time frame of their 'very generous offer' (lol). But the thing is I've not actually heard a thing from DG since and not recieved a penny........ To be fair I've been keeping my mouth shut about it just incase I'll end up getting more out of the [EDIT] once a verdicts been reached in the test case??

 

However, as they have not paid up and It's been some six months due you think I can use that to my advantage to puch for a stay or has it been too late?

Edited August 1, 2008 by freakyleaky
removed inappropriate language.

[johnnymitch]

Hi chunkylinc - welcome back ......

 

The situation at the moment is :

BBC NEWS | Business | Overdraft complaints frozen again

 

Is your claim in court 'stayed' like the rest of us ?- or didn't you get it to that stage because you thought they were going to cough up?......

If it's already in the court system then it should be stayed and racking up the 8% interest as we speak......

[chunkylinc]

Hi JM,

 

yer it's been a while....lol

 

I went to a court hearing in front of the judge (with another 30 people) where he then said that everyone's claims were put on 'stay' till the outcome of the test case...so yer, Im in the same boat

[johnnymitch]

Oh well chunky, you're in the 8% club , same as the rest of us........

[chunkylinc]

boy is this case still going on..... tick tock tick tock, What on earth have you all been doing with yourselves now that we cant harrass D&G anymore!! lol.

 

Seriously do we know how it's going yet??

[johnnymitch]

Well hi there chunky! , Welcome back

 

Just to update you , the waiver has been extended yet again :mad:from the 26 Jan 09,

 

There's an update forum on here .......

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

[chunkylinc]

Well it look like good news so far JM...... just a shame about the wait!! lol

[Castlebest]

Hiya Chunky, good to see your still waiting along with the rest of us... well not good your waiting but you know what I mean .

 

I think so far in the test case the banks have lost a lot more than we have so yes its looking good so far, but the battle is not over yet keep those fingers crossed .

 

pete

[chunkylinc]

Fingers are well and truely crossed pete, for all of us that are in the waiting boat...

 

Now that I've got a bit more time on my hands and that all we can do is wait, I'm going to start the whole process again with MBNA & CITI cards, who have taken stack off me for late payments, missing payments and going over my limit , best I start getting the request for data letters away tomorrow... could keep me occupied for a little while!

[Castlebest]

You have two tricky customers there chunky, especially Citi, they are well known for ducking and weaving but at least the test case doesn't affect credit card claims

 

pete

[chunkylinc]

I've just been looking thro my statements and HSBC went very quiet on the whole charges thing for the next couple of months after I'd been writing to them, but then they've soon reverted to their old ways.

 

I have several 'Notified fee/charges' ranging from £125 to £75 on my account and then they seem to change to 'Pre-notified fees & charges'. Now I know that like you guy's we're all waiting for the courts, but is it not worth starting a second case for these charges? and just taking it as far as I can before it gets stayed like every other case, but atleast it's in the system??

 

What does everyone think?

[johnnymitch]

Hi chunkylinc,

 

It depends really on how much is mounting up in the second lot..... but it's a good idea for two main reasons :

 

It costs if you want to update your current claim at court and you cannot claim that back

 

If you start a fresh claim you can claim back the court fees again .

 

However , it means taking it all the way again (up to stayed stage again) or you don't get the benefit of the 8% interest .

 

It's got to be your choice mate ..... but them's the facts... lol!

[Castlebest]

Hiya Chunky, my stayed claim is for about half of what my overdraft was (last time I saw it over 12 months ago) I haven't bothered to start a third claim against the bank on the basis that they will repay everything they owe me when this mess is over.

 

Before the test case fiasco started everything was settled out of court a few days before the hearing (sometimes a few hours which was fun ).

 

Things went along the lines of DG making an offer for the full value of your claim, you wrote back saying thank you very much but you have deducted £xxx.xx since this went to court. DG wrote back saying so we have the new offer is all we owe you.

 

I'm assuming this will happen again when the test case is settled, I cant see anyone ending up in court mores the pity .

 

If you do decide to start a new claim for the new charges make sure you reference your first claim in the documents you send, i.e. further to claim number xxxxxxx. this will give the court the opportunity to hear both claims together and save time if they so wish .

 

pete

[chunkylinc]

Cheers Pete n Jonny, that's what I'll do then.... I'll start another tomorrow and take it as far as I can. You dont see a problem trying to claim back the charges which are called 'Pre-notified fees & charges' on the statement as opposed to 'notified fee/charge' do you?

[Castlebest]

Since the test case started all the banks have been changing the names of their charges but the values remain the same it may have some baring in the test case but for now I think the old adage of Lattie and me still stands true....

 

if it barks and bites its a dog

 

or if you prefer Shakespear...

 

A rose by any other name would smell as sweet

 

pete

[johnnymitch]

By heck, we are waxing lyrical tonight peter ...... laffin ! But I like the one about the dog best .....

[chunkylinc]

bonjour all... how are we? what's everyone been upto? still sitting here twirling our fingers whilst we're sitting in the 8% club!! lol.

I've been a busy little beaver, having successfully manages to reclaim my MBNA credit charges back, im now starting on egg and citi... Oh and not to mention the PPI recieved from both egg loans, egg cards and citi!!

Rock on... lol

[Castlebest]

Hiya Chunky, its good to see your fighting the fight like a good un I think we are all very well and supplying the ammunition to anyone who cares to have a pop at their bank if not actually firing a few off ourselves .

 

pete