Becci v HSBC ****WON****

[becci]

Hi everyone blimey this site is SOOO helpful!

 

Well I sent the initial letter off over 2 weeks ago claiming £1784 and so far have only received HSBC's standard "we are looking into your complaint blah blah blah" letter so have today sent off my LBA including a further copy of my charges spreadsheet.

 

Just one little question: I've sent it recorded delivery so I'll be able to find out when it's signed for, but does the 14-day period start from that date or from the date I posted the letter?

 

Please help!

Becci

[becci]

Good idea, thanks ppman and castlebest I'll keep you posted!

B

[becci]

Thanks for your help everyone. I'm going to use the date I posted it - I think I'm inclined to be a meanie where HSBC are concerned too! Also, I've read stories on here of the banks insisting they haven't received stuff even when they've signed for it!

 

Babytots, its nice to be in touch with someone who's at the same stage as me. I'll keep an eye on your thread too and as you say hopefully it won't be too long before they cough up!

 

Becci x

[becci]

Well I've done it - no response to my LBA so I've completed my MCOL. Thanks to all the help on here it wasn't too tricky at all.

 

So now I guess it just a matter of waiting. But hey, we're used to that banking with HSBC aren't we?!

[becci]

Thanks netty I forgot to say I did that too!

[becci]

Help! HSBC acknowledged on 11 May so I need to sent a copy of my claim to DG solicitors. However, on checking it through for the 100th time I realised I've calculated the 8% statutory interest wrong, meaning I've done myself out of about £300! What a doughnut - I can't believe I didn't spot it sooner, I thought I had been SOOO careful!

 

As I've already lodged my claim with the wrong figure what shall I do guys? Is there any way I can amend my claim, or should I simply let it run and hope HSBC don't quibble (as my mistake is in their favour).

 

Please help!

Bx

[becci]

any ideas anyone?

[becci]

thanks guys. I've dashed off letters to both the court and DG enclosing a fresh schedule of charges and asking them to substitute it for the old one. Fingers crossed it'll do the trick, but I've got the paperwork ready for the N244 just in case. I'm a lawyer myself so have access to all the forms on-screen, which is handy!

[becci]

ha ha if only, Pete! My area is tax & trusts, which is a v different kettle of fish - gone are the days when we could deal with just about anything law-related!

[becci]

ha ha I like it!! it would be no good mentioning trusts to Col - he doesn't know the meaning of the word!

B

[becci]

Well guys, just got back from holiday to find letter from Northampton CC advising that my claim has been transferred to my local court (Stratford upon Avon).

 

I rang SoA court and the chap there said I did not need to pay the AQ and that, if the judge decided it should be paid, they would let me know.

 

One thing he did say was that the case would be heard within the next 2 or 3 weeks - obviously there aren't as many people reclaiming bank charges here as there are in other parts! So I am assuming that is good news.

 

I've sent DG the 1st nudge letter on the "New---after 28 Days - Maybe no AQ!!!!!" thread. You never know, they might reply. No, on second thoughts, that is wildly optimistic of me!

 

Can anyone think of anything else I should/should not be doing?

 

becci

[becci]

pete the funny thing is you are absolutely right!! this is Shakespeare Country where 'overdraft' is a dirty word! The last person I told I was doing this said its your own fault if you get bank charges cos you should be more careful! Boo!

 

becci

[becci]

Right, so I sent my 2nd nudge letter last Friday (the one from one of lattie's posts).

 

No word from DG.

 

Phoned the court 2 weeks ago - they said the papers had been referred to the district judge and I should hear his decision in 2 weeks or so.

 

Just phoned the court again to see whether it had gone before the district judge yet and a very-nice-but-clearly-stressed-out-lady said it would be a further 2 weeks due to the backlog of (surprise, surprise) bank charges claims. The dsitrict judge will then either make an order (I think that's what she said) or refer it to a hearing. THe bad news is that, if it goes to a hearing it will likely by NOVEMBER before it's heard! And there's me thinking I was on the home straight!

 

Is this normal?? I'm feeling distinctly demoralised!

 

becci

[becci]

Anyone?

[becci]

Hi syds mum, I am at Stratford on Avon court. Its only a tiny court, and when I've phoned them they've told me there are only 3 of them in the office and they are having a nightmare! Seems even the courts are wishing the stupid banks would just cough up and let them get on with their jobs!

 

We must be on a similar timescale cos I started at the beginning of April (after a mate told me he wrote ONE letter to Halifax and got a cheque for £4k+ a week later - grrrrrr!) So it looks as though I will end up with a hearing too! Don't it just drive you mad?!

 

becci

[becci]

Right, so now we're getting somewhere! Received Notice of Allocation to Small Claims Track from the court today, saying "the hearing of the claim will take place at 10.00 on 4th October at .... and the hearing should take no more than 15 minutes".

 

Then attached to it is an Order saying:

 

The papers in this claim were considerd by District Judge Jones on the 3 day of July 2007 who allocated the claim to the small claims track to be heard on the first available date after 8 weeks (on a date and time to be notified to you) with a time estimate of 15 minutes.

 

The following directions apply to this claim:

 

1) This case is one of a number listed at the same time. Both parties must be ready for trial at that time. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which tehy will be heard, which amy involve grouping cases raising similar issues and/or adjourning some cases to a later date.

 

2) The Claimant shall by 4pm on 17/8/07 send to the defendant and to the COurt:

a) a schedule setting out each charge the claimant seeks to recover, showing the date, amount and reason given (if any) for that charge being made;

b) a secure bundle of copy bank statements or other documetns relied upon as showing that each and every charge has been made, with each page of the bundle clearly marked;

c) a statement of evidence of all matters relied uipon as showing that the charges are irrecoverable as penalties or otherwise;

d) copies of decided cases and other legal matierals to be relied upon.

 

In default, the claim shall stand struck out without furhter order.

 

3) The defendant shall by 4pm on 31/8/07 send to the claimant and to the COurt:...[then it goes on to list all the things the bank has to get together but I shan't type all that out unless I particularly need to!!]

 

Is this pretty much what everyone else is getting? Any advice re putting together all the above stuff would be much appreciated. I've bookmarked a load of threads like the Court Bundles for Dummies one so they should be a good start!

 

Phew! What a lot of typing!

 

becci

[becci]

Thanks Pete, you're a star, I feel much better now!

 

Is it worth sending another nudge to DG, or do I just wait til its time for my court bundle and give them a mega-nudge with that?! And with that in mind, is there any point sending the bundle early, or should I just wait til nearer the deadline? Probably I'm just being impatient!

 

So many questions...sorry!

 

becci

[becci]

Righty ho. I've sent nudges 1 and 2 in the "New--after 28 days--maybe no AQ" thread. Do you know where I can find a Nudge 3? Or should I just cobble something together along the lines of:

 

I enclose copy of my letter of [date of Nudge 2] and would draw your attention to the fact that a court date has now been set for 4 October 2007.

In the circumstances, I look forward to hearing from you shortly [yeah, as if!!]

 

What do you reckon?

 

becci

[becci]

This will be Nudge No. 3:

Dear Sirs

xxx v HSBC Bank plc

Claim no: xxx

I am writing further in this matter and confirm that a court date has now been set by xxx County Court for xxx 2007. I cannot understand why you have not contacted me out of courtesy to acknowledge the receipt of my earlier letters or the information enclosed. Perhaps you would like to discuss this with me.

Should this case proceed to court, I will be more than happy to show the judge my attempts at resolving this matter. I have yet to hear anything from your office. I appreciate that, due to the heavy volume of cases with which you are dealing, I have to wait until my case can be dealt with. However, I think this matter has taken considerably longer than is proper in dealing with cases in a timely manner.

I repeat my suggestion that in order to more speedily resolve this matter, I am willing to accept the sum of £xxx plus £xxx per day from the date I filed the claim until the date it is resolved as full and final settlement of this particular claim. Upon receipt of this amount, I will halt my claim against HSBC. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

I look forward to hearing from you.

Yours faithfully

 

What do you reckon, guys?

becci

[becci]

Thanks, Freaky - I've done just that!

 

becci

[becci]

I've been patiently waiting for my "your case has been stayed" letter from the court, but nothing has matieralised. Could this mean that it will proceed as planned?

 

The thing is, my court bundle is due a week tomorrow (17 Aug). Is there any point in me putting it together, or will it just be a complete waste of time and photocopying?

 

becci

[becci]

Thanks everyone. That is what I was hoping, Pete, as loads of people seem to have already heard that their cases are stayed. I've tried phoning the court but its constantly engaged (probably all the peeps ringing up to find out about stays!!)

 

Pressing on with my court bundle. Just a couple of questions:

 

1. List of settled cases - do I print off EVERTHING ie all the settled cases for all the banks, or just pick the HSBC ones?

 

2. I opened my account as a child's account when I was about 8, so have no T&Cs. Ive downloaded the ones from 1996 and then 2006 when they changed. Do I chuck in the whole doc or just the bits relevant to bank charges?

 

Thanks guys n gals

 

becci

[becci]

Phew! Court bundle delivered by my own fair hand last week and copy sent to DG. They've got til the 31st to get theirs to the court and me, so presumably I'll just have to wait and see what turns up. I imagine nothing will turn up and I'll have to go to the hearing on 4th oct. What worries me is that DG will just rock up on the day and ask the judge for a stay. Should I get the 'removal of a stay' paperwork ready just in case and take it with me on the 4th? Or am I just being paranoid?!!

 

becci

[becci]

Well there was me thinking I had got away with it and my case was going ahead...when a letter arrives from DG yesterday:

 

We refer to the above matter. You have referred your complaint about bank chares for determination in Court.

We are confident that HSBC's charges are fair, transparent and lawful.

Since you filed your claim in Court HSBC (along with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

We will be applying to the Court for an order to stay your action until resolution of the bank's proceedings with the OFT.

Given the court case our client has also asked the Financial Ombudsman Service ("FOS") not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

Our client has asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our client's website at hsbc.co.uk.

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible.

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

So what now folks? Is there any point in applying for the stay to be lifted, or would I need to wait until the court have actually allowed the stay in the first place before I did that? My hearing was supposed to be on 4th October, so will the case just end up being stayed at the hearing?

 

Also, I don't know if it makes a jot of difference, but HSBC's deadline for getting their court bundle to me was last week, several days before I got DG's letter. Judging by others' threads they seem to have no regard whatsoever for the court's imposed deadlines.

 

So many questions! Would be v grateful for any advice.

[becci]

Wow thanks Debbie that did cross my mind but Ihardly dared hope I was right!! I'm busy dashing off all the things on your list now! Where can I find form N225?

 

This is the letter I've drafted - I've just amended the wording to apply to my directions:

 

Dear Sirs

*** v HSBC Bank plc

Account Number: ***

Claim Number: ***

Date of Issue: 4th May 2007

I refer to the matter above and the order made by His Honour District Judge Jones dated 24th July 2007, a copy of which is enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served documents, as specifically directed in direction 3.

 

Accordingly, as the said order states “In default, the Defence shall stand struck out without further order and the Claimant may obtain judgment with costs by filing a request for judgement”. The Claimant therefore requests judgement against the defendant due to non-compliance, for the claimed amount comprising of £1,751.50 (initial claim) and £120.00 (court fee) and £388.14 (interest under s.69 County Courts Act 1984). I have taken the liberty of enclosing an updated schedule of charges.

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours sincerely