RGS1 vs HSBC

[rob-the-viking]

GaryH, thanks for your time, I'll get it in the post first thing tomorrow morning.

 

r-t-v

[rob-the-viking]

Here's a copy of the letter I'll be sending RGS1, feel free to use/doctor it as required.

 

 

 

Your address

Your Phone number

 

 

 

 

The Court Manager

Whichever County Court

 

 

You Vs HSBC

Claim No: ********

 

Date Issued: **/**/**

 

11/06/07

 

Dear Sir/Madam

 

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

 

Over x weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of **/**/** 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 **/**/**. 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.

 

Furthermore to this I have also sent the defendant * separate letters, dated **/**/**, **/**/** and **/**/** in my attempts to resolve this claim. Copies of these letters along with proof of postage and receipt can be supplied if required. Each time I have had no response from the defendant, not even to acknowledge receipt of my letters.

 

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

 

 

 

 

 

Anywhere there is a * is where you need to alter it to suit your needs. Good Luck!

 

here's hoping!

 

r-t-v

[RGS1]

thats brilliant.

Thank you.

[RGS1]

They have now filed their AQ so i guess im now waiting for a court date. the AQ i filed wasnt very detailed at all, do you think that will work against me in this or will it not matter too much?

i can imagine im still gonna have another couple of months to go now before i win lol

[RGS1]

thnaks guys, DG have now filed their allocation questionnaire as although they were two months late the judge extended their deadline, do you think i can still request this or is it best not to?

[RGS1]

This is the letter i will send, a bit of a mish mash of other letters, but might do the trick.

Dear Sir/Madam,

In respect to the recent activity on my claim I respectfully request that an order may be made as follows.

The Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

Since May 2006, I am aware of over 300 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached.

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court in at least 10 cases similar to my own involving various high street banks, including the Defendant in the present case. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer.

Furthermore in my attempts to resolve this matter without further misuse of the Courts time I have also sent the defendant various letters, Copies of these letters can be supplied if required. Each time I have had no response from the defendant, not even to acknowledge receipt of my letters.

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

[RGS1]

This is my next move,

 

Dear Sir/Madam,

In respect to the recent activity on my claim I respectfully request that an order may be made as follows.

The Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

Since May 2006, I am aware of over 300 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached.

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objectives of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court in at least 10 cases similar to my own involving various high street banks, including the Defendant in the present case. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer.

Furthermore in my attempts to resolve this matter without further misuse of the Court’s time I have also sent the defendant various letters. Copies of these letters can be supplied if required. Each time I have had no response from the defendant, not even to acknowledge receipt of my letters.

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

[freakyleaky]

I am not ignoreing you rgs. I just don't know anything about this particular issue so I am leaving it for Lat or Pete to see.

Good luck!

[RGS1]

lol thats alright nor do i, just thought it would be worth a go as im fed up of DG and how the courts seem to be giving them special treatment. im not expecting anything to come of this but gives me something to do while i wait lol

[RGS1]

do you think i should send a copy of all of this to DG as well?

[lateralus]

sure, why not! i don't know anything about it either but i'm always impressed when people take a more proactive approach - can't see the courts ever penalising peeps for doing something to move things along (they might rap a knuckle now and then if you've overstepped some boundary - but don't think it would be any big deal). i'd be inclined to say go ahead and send it to both.

[RGS1]

i sent it to the courts yesterday, special delivery so it will be there today before 1pm i think the judge will be looking at my case today so hopefully i will hear something quite soon, i will send it to DG after i speak to the court, if its allowed to go through i would like DG to have a little suprise.

[RGS1]

if it goes through ill scan my judgement letter from the court and everything else like my claim number, dates etc on here so people can use it as a reference if they want to do the same thing.

[freakyleaky]

Good luck RGS!

[RGS1]

thanks, ive got everything crossed

[RGS1]

package was recieved by the court this morning

hopefully this will be quick and painless

[RGS1]

i have just phoned the court for any progress or information on my case and it seems the letter they recieved last friday hasnt even been looked at yet by the court manager. think im gonna sent the pack i sent to the court, to DG now to see if it will push them at all.

[RGS1]

yawn, this waiting around malarky is really starting to take its tole. think you can add stress on to your claim.

[Audreygreeneyes]

RGS I would send it, you have nothing to lose, the judge can only refuse . and to be honest allowing them 5 weeks it taking the michael( sorry all michaels).........the more ppl who oppose and question their tactics the better for us all...........

 

oh yeah and erm dinner at that lovely italian rest in town is it when you win????

 

I have been waiting since january when I first wrote to hsbc.........

[RGS1]

no nice italian resturants in my town lol i sent that to the court and they recieved it last friday but nobody has looked at it yet so still waiting, im undecided wether to send the same thing to DG just so they know whats going on.

Just feel like i need to keep busy

[freakyleaky]

Yess send it to dg along with a nudge saying this has gone to the court and the judge is in the process of deciding what to do and would you like to settle this now before it goes to court or their defence is struck out!

 

Something along those lines!

[RGS1]

sent special delivery so will be with them tomorrow, i would really like to claim back costs too as i have wasted so much work time and spent so much on postage.

[icantlogin]

there is a guide to claim back wated costs in the bank templates library. I will try and find the link and post it on your thread

[icantlogin]

Here it is:-

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[Audreygreeneyes]

once you have it settled file a wasted courts cost claim........... or oyu could throw it in just before the court case...........

 

aw shame there used to be alovely italian resturant in lincol in the town centre.........