Celicaman vs HSBC***WON***

[Celicaman]

Hi Aubern, i think its too late to change it now,

anybody else want to confirm that ?

But hopefully they will settle including the 8% Stat interest, so it will push the value up anyway

Keep pushing, im in same boat for first claim, just wish we had known earlier

We live & learn

CM

[Audreygreeneyes]

Thanks CM, I have claimed the 8% under the court rules or do you mean 8% over adn above that? sorry to ask such dumb questions Auburn:)

[Celicaman]

No thats it, its what the courts would award if it got to court.

What im doing is claiming with the bank, say £1000 fees plus the interest that was charged on the fees whilst overdrawn, say £500 then claiming compound interest on the £1500 together, that we will say is £5000 total £6500 although my claim to settle with the bank is the £1500 plus £5000.

 

If it went to court, and the bank lost, it would try to argue against the CI part of the claim, that is a seperate argument to the claim for charges back, and the court would decide for / against or middle ground as to what you would get, the 8% flat is the minimum they would award, this is only if it got to court though. by adding it on as part of what you will settle for as part of your charges with the bank is, well lets say its bonus. If the bank dont want you to go to court then they have to pay up or they can always stand up in court and justify their charges first and we'll worry about the CI afterwards.

Hope that clears things up, its took me a while watching on here to learn all that, all i need now is lattie or castle coming along and saying i got it all wrong and its to the back of the class i go

keep us posted on how you get on

 

CM

[lateralus]

auburn - you need to do the ci from the very beginning, in your first letter - so your claim is asking for the 8%. maybe you can use contractual next time - if there is a next time!

[Celicaman]

Well, i finally have a court date, July 11th or sometime then (forgot letter at home). So it must be time for a second nudge, bump, kick, punch, hit letter to DG............

I sent first one on the 12th May, do you think its too soon to send another one, or is the court date the perfect time

 

CM

[lateralus]

it's fine, send another one and tell them what you know and send a breakdown

[Celicaman]

Got my notice of allocation/directions hearing yesterday.

 

' Take notice that an allocation/directions hearing will take place on the 11th July at ****

When you should attend

20 MINUTES has been allowed for the hearing

Please note this case may be released to another Judge, possibly at a different court.

 

Is this my court date, its not quite what i expected it to say

 

CM

[Castlebest]

Hiya Celica, yes its a hearing so DG wont go anywhare near it, way too risky for them.

 

Do you have any further directions in your notification, had the District Judge asked you to do anything before the hearing date ?

 

pete

[Celicaman]

Hi Pete , will you stop moving round, i cant keep up lol

 

Nope, thats all that was on the letter, so what do i need to prepare for that, apart from a holiday

[Castlebest]

well if nothing has been asked for I see this as the District Judge putting pressure on DG to make an offer by that date so send another nudge to DG telling them you are all fired up to go to court so they better get their act together...

 

Closer to the court date I would start to get all of your paperwork together just in case, maybe print out the basic court bundle and have a good read through it so you have an idea of how all the case law works, read through all of your letters, get a copy of the old terms and condidtions, bit like revising for an exam

 

pete

[Celicaman]

Hey pete, have a look at this guys thread will you, seems similar to my claim but different response from court.The court is asking for a stay, is that like the same as mine but more long winded.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/67524-hsbc-business-account-total.html#post853694

 

CM

[Castlebest]

A stay is when a District Judge "puts a hold" on your claim, normaly with instructions to do something in that time, typicaly at the moment reach an agreement (see Querky's thread).

 

From what you have said I dont think you have a stay you have a preliminary hearing, which is good enough, its a court date, it puts DG in the corner, pay up or shut up time :grin:

 

pete

[Celicaman]

We are cooking on gas yea baby yea

SSSSSSSSSMMMMMOOOOOKKKKKKKKKKKIIIIIIIIIIIINNNNNNNN

 

Dont ya just love it when a plan comes together

[Castlebest]

Trust me... feels even better when the cash is in your back pocket

 

pete

[Celicaman]

Just opened my Parachute account as well, especially as next claim is on same account going to 1990 and new current charges and CI, but i started seperate thread for that one.

 

Cheers Pete

 

CM

[Audreygreeneyes]

Good lick CM, I am seriously considering going back to when I opene dhtis account and doing it with the CI this time, will watch your progress ... auburn:)

[Celicaman]

Good lick CM, I am seriously considering going back to when I opene dhtis account and doing it with the CI this time, will watch your progress ... auburn:)

 

Well if your not on hols in skeggy, we could always post ours together better still lets just hold hands and JUMP

 

Just got my parachute stuff through today, so now time to send second claim.

Ok Bank ! you dont like it, talk to somebody who cares

 

CM

[Audreygreeneyes]

am not on hols yet!!! going to cornwall not skeggy... and here's a ? DG are due to serve me their bundle not later than 14 days b4 the court date (07.08.07) so last day of service is July 24th:) now when they serve do they send it registered? or recorded? does anyone know?... as I will be on me hols for the majority of the 14 days( oh dear)

 

WE could post ours together CM:cool: only thing is the very thought of CI and the spreadsheets has me petrified to say the very least.... but I coudl use you as the parachute:p

[pinkduchess]

going to cornwall not skeggy...

 

looks like you've been blown out querky!!

[querkyone]

Bugger!

 

Maldives anyone? (Females only need apply)

 

One think Celicaman - on your order from the Judge, is there anything that states how representations should be made in person only and NOT by letter or Telephone conference??

 

Mine did and it basically means "Bank turn up or they get struck out"

 

See my thread for BIG NEWS!

[amsjks]

Maldives anyone? (Females only need apply)

 

 

dibs

[Celicaman]

Bugger!

 

Maldives anyone? (Females only need apply)

 

One think Celicaman - on your order from the Judge, is there anything that states how representations should be made in person only and NOT by letter or Telephone conference??

 

Mine did and it basically means "Bank turn up or they get struck out"

 

See my thread for BIG NEWS!

 

Notice of allocation/directions hearing

 

'Take notice that an allocation/directions hearing will take place on

** July at ***pm

At ******** County court

 

When you should attend

20 MINUTES has been allowed for the hearing'

 

Please note: This case may be released to another Judge, possibly at a different court'

 

Exactly as it is, nothing more, cept personal details

 

Wonder if i should ring them on monday and ask exactly what is Required

[Audreygreeneyes]

I didnt blow him out pd (crying) was trying to save him money ( you know what men are like!!!)

[Castlebest]

Auburn, most blokes dont mind the odd blow out

[Audreygreeneyes]

Ah but oyu see when travelling at speed it coudl be dangerous!