RGS1 vs HSBC

[RGS1]

nope still on my current account. just wanted to look at a few others to build a better case.

[RGS1]

Sitting and waiting still, i was told the matter would now be passed to the district judge as DG havent filed a AQ and it was due over a month ago. do i just need to wait and find out his judgement on it before i can do anything else. still nudging DG telling them this but no reply.

also i have written and emailed HSBC for a full description of there 'allocation fees' as in how was £25 calculated and what service it provides to my account but no reply to that either yet.

[RGS1]

Still sitting around waiting lol everyday i rush home from work in anticipation, hoping my settlement or at least some contact will be waiting for me. nothing.

[RGS1]

Some news, i rushed home from work last night (as always) and a letter from my local court was sitting waiting for me. I was hopeful this would be the letter telling me the case was thrown out due to DG not handing in an allocation questionnaire and being over 2 months late to do so. to my annoyance the judge has now given them until the 15th June to file one. why is it the banks are getting prefferential treatment. if it had been me not handing it in im sure it wouldnt go on like this.

[freakyleaky]

You are right, it is totaly unfair. The courts should be saying "well as you have not complied with the judges order your defence will be strruck out"!

Anyhow, not much you can do but keep sending dg a nudge every 7 to 10 days.

Good luck

[RGS1]

thanks, they only have till next friday now so i will nudge them telling them that and see what happens.

[RGS1]

Does anyone know if there is anything i can do to speed this up or will i just have to wait and see if they file it by next friday?

[freakyleaky]

You will just have to wait i'm afraid. Keep sending the nudges! Take up knitting!

I know, check out your council tax banding and see if you can get a rebate. I did and got a tidy sum back plus a reduction in my payments!

Good tips for that on MSE site!

[RGS1]

soooooooooooooo frustrating

[RGS1]

do you think it has come too far for me to request that the case be thrown out due to abuse of the court system by DG. all the evidence i need is there i have a list of sattled cases and the fact they havent filed their AQ will help that judgement. What do people think?

[freakyleaky]

I don't think it will help. The courts seem to give them more time whatever. I think if you could supply details of other courts throwing casses out due to abuse of due proccess then it might do some good but I havn't seen any!

I sent my prelim letter in november 06 and have only just got an offer! I totally understand your frustration.

[RGS1]

i sent mine around then too, i think mine would be sorted by now if they had sent the AQ off and then we would have a court date. but because they didnt do that think it will still be ages before i get my money back

[RGS1]

Has anybody got any info or had a case that has been thrown out of court due to abuse of process by HSBC?

[freakyleaky]

maybe will be ages but it is worth the wait. Just make sure you ring dg at least once and keep sending the nuges. Ask them when they intend to file their aq! Just might spur them on a bit.

[RGS1]

ok will do thanks ill add that question to my next nudge, i had phoned two days ago and left a message but so far no reply. Maybe i will phone again.

[RGS1]

i want to sent a letter to the court requesting their defence to be thrown out but i need some evidence to go with it.

[RGS1]

bored now so just buildong my case a bit lol how would i use the terms and conditions in my case because it does state there will be a charge but it doesnt say how much or anything

[lateralus]

here's a little reworking of one of the nudge letters - maybe you could send it if you like it.

 

 

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not acknowledged my previous correspondence.

 

I have filed my claim on xx/xx/xx. I have filed my Allocation Questionnaire on xx/xx/xx. I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution. It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

 

You may be aware that the court has now given you one last opportunity to file an Allocation Questionaire in this case. The deadline is now 15 June 2007. Please be so good as to stop wasting both the courts' and my time by ignoring their deadlines.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound and including your total claim including aq fee ). (Plus daily rate if applicable and you included it in your claim. Ie. accept the sum of £xxxx plus £x.xx per day from the date I filed the claim until the date it is resolved) I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

[freakyleaky]

Just bumping this up as I know this has just happened to someone else but I can't remeber who!

[freakyleaky]

Ah ha! found it! Tomcody got this letter from the court yesterday:-

 

Re: gimmie my money vs HSBC

Hi all finally received the following from the court

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking out the defence in this action as an abuse of the process.

 

The basis for this is the fact that the defendant is settling all claims of this nature where Claimants are seeking the reimbursement of bank charges with no claims proceeding to a contested hearing.

 

The Court considers the authority of Mullen-v-Hackney London Borough Council [1997] 2 A11ER 906 relevant.

 

If the defendant objects to the proposed strike out, it is ordered to file, by no later than 4pm 26th June 2007, a schedule setting out all claims of this type in England and Wales which have proceeded to afinal contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before the final hearing after proceedings have been issued.

 

Upon receipt of any such objections, the Court will consider listing the claim for an on notice hearing of the strike out issue.

 

In the absence of any such objections being filed in time, the defense will be struck out a judgement entered for the the amount claimed by the claimant, together with the appropriate coats claimable on the small claims track.

 

Phew!! I think this looks great for me not so good for DG. Would be grateful for any of your views.:grin:

vbrep_register("899599")

 

hope this help RGS!

[rob-the-viking]

This helps me as I'm just about the send a letter to the courts requesting that my case be struck out! There's a copy of what i intend to send on my thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/61092-rob-viking-has-punt-6.html

 

r-t-v

[freakyleaky]

this is rob the viking's letter!

 

"Ok, so after finally getting a tad frustrated at waiting for the courts and after the helpful advice of pete and auburngreeneyes I have drafted a letter to the courts requestion that my case be struck out on the grounds of abuse of process. "

 

Here's the letter

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the above claim be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

rob-the-viking

[lateralus]

seen this:

Entering Judgement **ABUSE STRIKE OUT** (1 2)

 

 

there's a whole thread about it on abbey - in the info threads -

[rob-the-viking]

Thanks for that link lattie, I've put a copy of my amended letter on that thread and hopefully GaryH will have a read and let us know what he thinks!

 

a hopeful

 

r-t-v

[GaryH]

Yes, if they're 5 weeks late filing an AQ you need to write to the court straight away! Its no use phoning them - it needs to be in writing.

 

The letter is fine. You'll probably find that the court issues an unless order - I.e. submit an AQ in 7 days or the defence is struck out.