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

[syds mum]

JUST TO WISH YOU A...

 

 

 

DEBBIE XXX

[becci]

ooooh I'm SCARED!!!

my hearing has finally come around so at 10.30 tomorrow I'll be facing some barrister in court (here's hoping they've got all the decent ones working on the test case and I get some numpty...hmm maybe not)

 

got my arguments ready (pages n pages of 'em) but still feeling very very scared. tbh don't think Ive got a cat in hell's chance, as the current state of affairs gives the judge the perfect get out clause. ho hum.

[jowalshy]

I wish all the best for tomorrow.

 

Good luck and let us know how it went. I will have my fingers crossed for you.

[Castlebest]

Becci, if yours arn't prepared properly then no ones are, I haven't forgotten what you do for a living

 

Good luck

 

pete

[syds mum]

hi becs.... hope all goes, well good luck!!!

 

debbie xx

[becci]

well folks...

**** I WON!!!!! ****

WOOP WOOP!!

 

Got to the court this morning (with my mum for moral support hehe) and DG's barrister was already there. He had come from the other side of Nottingham, so probably 100 miles or so. The clerk let us go into a room while we waited for the judge and we had a bit of a chat, mostly about the test case (he didn't even know that it had already started, which was not v impressive) and he said how he thought it would go - i.e. that the banks would win (well he woudl say that wouldn't he?!) and that we would be lucky to get even a portion of our charges back

 

I handed him my response to DG's application to set aside and he didn't even look at it - he had a copy of the CPRs with him and was sitting reading that so I thought he was doing a bit of last minute preparation, but then he said he was doing a talk later today and so was reading up for that!! It was obvious he thought it was a done deal so he had done absolutely nothing to prepare - how arrogant

 

Then we went in to see the judge and she first asked the barrister what the basis of his application was. He basically waffled on about the banks being inundated with similar cases and how it was impossible for them to comply with the court's directions in time, plus that "mistakes do get made" and that my case was one of them and had obviously slipped through the net. I noticed the judge didn't look best pleased at this, so when she let me have my say I highlighted the time DG had had to comply with the directions order, and that they had done absolutely nothing, but that when judgment was awarded they responded within 2 days!!

 

She then went on to give her judgment and said that she appreciated the pressure the banks were under as a result of these cases, but that if they felt they could not comply with the directions in time then they had plenty of time to at least apply for an extension, but they did nothing. And with that, she declared that the judgment against the bank should stand!

 

So I thanked her very much and off we went! On the way out the barrister was suddenly much less friendly - he half-heartedly shook my hand before hotfooting it out the door!

 

I should really have asked what the arrangements were for me to get my dosh ie how long they have to cough up, but I was in a state of shock and grinning from ear to ear at the time! I imagine I'll get something from the court to confirm that the application to set aside and stay proceedings was rejected and that my judgment stands, and to set out the payment requirements. But I think I might give the court a ring tomorrow just to check.

 

I absolutely cannot believe it!! I'm so chuffed! So who's gonna add a big fat ***WON*** to my thread??

Thank you so, so much everyone for all your help, I really couldn't have done it without you, especially Debbie - your arguments really helped me get my head round it all.

 

xxxx

[Castlebest]

YEAH !!!!!!!!!! WELL DONE BECCI !!!!!!!!

 

Like you I didn't think you had a cat in hells chance with the test case running but it looks like you had a judge who cares for the law rather than what shes told to do !!!

 

Great News

 

pete

[MARTIN3030]

Well done Bex...Thread title duly added to.

[Bookworm]

 

So great to hear that it's not all going their way for once!!!

[GuidoT]

Nice work. I have not said this in a long time.

 

I am sure it is stated somewhere in your thread, but which court please?

[Castlebest]

Was Stratford upon Avon Guido

 

pete

[Castlebest]

 

She then went on to give her judgment and said that she appreciated the pressure the banks were under as a result of these cases, but that if they felt they could not comply with the directions in time then they had plenty of time to at least apply for an extension, but they did nothing. And with that, she declared that the judgment against the bank should stand!

 

I should really have asked what the arrangements were for me to get my dosh ie how long they have to cough up, but I was in a state of shock and grinning from ear to ear at the time! I imagine I'll get something from the court to confirm that the application to set aside and stay proceedings was rejected and that my judgment stands, and to set out the payment requirements. But I think I might give the court a ring tomorrow just to check.

 

 

Your original judgment said forthwith so I would wait for the official confirmation from the court then go to the court, get your WOE and instruct a bailiff unless you want to give them some more time to pay up .

 

pete

[freakyleaky]

OMG:eek: Thats absolutely fantastic news becci!

 

Well done! You deserve it after the work you have done.

 

CONGRATULATIONS!!!

[syds mum]

 

well done becci i knew you could do it!!!! thank god we were night owls and got your judgement done just in time...if i remember it was a late night job and you were up,till stupid 'o'clock finishing your application for judgement!!!!

 

i got my money in the bank 2 days later...followed by letter from HSBC to say they were gonna pay it!!!!

 

girl power!!!

 

debbie xx

[becci]

thank you all so much for your good wishes, it's so nice to be able to report some good news for a change!

 

I just hope the bank's idea of "forthwith" is the same as mine i.e. NOW!!! I think i would have prefered to have the usual "pay within 14 days" as at least everyone knows where they stand. As Pete says, I'll wait til the official paperwork comes through from the court and, in the meantime, just keep checkign my bank balance ( not something I do very often - I'm far too much of a wimp!)

 

debbie, I really can't thank you enough! yes it was a VERY late one if I remember rightly (I was also up til stupid o'clock on Monday night preparing for the hearing and all the while thinking ""this is a waste of time I'm not gonna get anywhere", so it just goes to show!) Plus if you hadn't pointed me in the right direction I wouldnt have even known to go for judgment. I am so, so grateful to you for all your help - you are an absolute star!

 

We done good, didn't we babe?!

 

xxx

[GuidoT]

Forthwith means now and is preferable over the usual 14 days.

[pinkduchess]

great news!! well done

[lateralus]

CONGRATULATIONS

BECCI!!!

WELL DONE, YOU!!!

THINK OF ALL THAT EXTRA INTEREST!!

[johnnymitch]

Isn't it great to see someone get a result these days!

congratulations becci!!!!!!!!!

Well done - enjoy your win... :) :) :)

[becci]

money in the bank - woo hoo!!!

 

Guido & Debbie you were right - it was actually credited yesterday - the day after the hearing - but I didn't even think of checking that quickly knowing HSBC as I do.

 

Just one thing - the amount credited is the exact figure from my judgment - as Latty mentioned I was expecting extra interest. From the date of judgment to the date of payment it would have been about £45 so I'm not too fussed. Have I just got muddled?

[Castlebest]

write to them and ask for it, its part of your claim so they should have paid it, its worth a letter anyway

 

pete

[syds mum]

hi becci... wow that was quicker then mine.. you now hold the record for quickest pay out!!! regarding extra interest my judge actually worked out the interest at the end of my hearing and that figure is what the barrister took back to DGs... you should get a letter from court to tell you that judgement has been upheld and on that will be the final amount they should have paid you...if it differs from what you got then contact DGs in writing of course and recorded... (you know the drill!!!) asking for immedate payment cos although they have paid most of it if there is some outstanding they have not cleared the judgement yet!!! i know its only small amount but thats what they were doing with charges in the first place so it all counts!!!!

 

well done again and it was a close call this one... so glad i was on that night it could have been so different had you not moved quickly and you didnt give up as i have seen so many times on here....!!!!

 

debbie xx

[becci]

Well I was certainly shocked!! Its a bit ironic really, seeing as I probably only won in the first case because of how SLOW they've dealt with everything!! I think they were just sick of the sight of my name and wanted to get my file off their desks asap!!

 

Debs I've emailed you a copy of my argument. I'd be interested to see what you think.

 

I'll wait til the official paperwork comes through from the court. If the amount on there is the same as what I've got then I don't suppose I can do much about it. I don't see why I should miss out on the interest tho just because they applied for a set aside and failed. I'm sure its worth a letter to DG but, having got paid what I have, I'm not gonna make a huge fuss about £45.

 

xxx

[rockinrodders]

Hi Becci,

 

Well done on your win. I am in almost the same boat and have got a telephone hearing on 14th Feb.

 

Please could you send me some of your arguments etc as I don't seem to be getting a lot of help on my thread!

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/119349-judgement-default-now-application.html

[syds mum]

hi rockin i have answered your thread love...and PMd you...

 

 

debbie xx