HSBC Defending my Charges Claim

[leddochic]

Hi Everyone,

 

New to this site. Started a claim against HSBC for Unfair Bank Charges, HSBC ignored first 2 letters, decided to go along through the court process and today found that they have put a defence in, awaiting papers from the court. Anyone been at this stage before, please advise.

 

Thanks:confused:

[MARTIN3030]

You will find that most of the banks will submit a defence and state they will contest.

As the days grow near to a hearing their intentions will change.Read some other HSBC threads and also settled claims.

However you do need to prepare for every eventuality.

Help to address their defence is freely available here and you may wish to ask for this as the time to do that(if needed) arrives.

[happyolddog]

Hi Leddochic,

Welcome to the forum.

 

The banks nearly always say that they will defend the claim, Please don't let this put you off, you will win the claim if you go ahead with the well used method in here.

 

Please click the next link and start a thread;

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=10

Title it, Leddochic V HSBC.

Other members with experiance of your bank can offer informed advice.

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

If this helps please tip the scales,Left.

[leddochic]

Thanks Martin,

 

I will look take a good look at Netty V's HSBC, and the others try and get some tips, will keep you all updated

 

Julie:rolleyes:

[lateralus]

you are in the forum now, julie! welcome! feel free to comment on other threads but any questions regarding your claim - try to keep on this thread then we can help.

[leddochic]

Hi there ,

 

Sorry been away for a week sorting the stuff out that Lattie recommended, Finally sorted my spreadsheet out after originally sending out the one for MSE, posted that to the court and another copy to DG with a little Nudge letter too.

 

But today received Notice of transfer of proceeding from the Northampton County Court to Oswestry County Court.

 

The letter goes on to say that;

 

Before the District Judge Murdoch

Sitting at Northampton Count Court

Without Hearing

 

IT IS ORDERED THAT;

 

1; the filing of an allocation questionaire be dispensed within this case unless the Distrcit Judge atthe court of Transfer order otherwise.

 

Note; any Party affected by this order may uder Rule 3.3 [5] apply yo have it set aside, varied or stayed. Such a party must apply under the Rule 23.3 within 14 days of the service of this order.

 

* please note that an allocation fee maye be payable in this instance. Please contact the court of transfer for further details.

 

Is this lot normal, do I need to do anything now , ?????

 

Tried calling the court but got through to Shrewsbury as Oswestry is not open till Wednesday afternoon, Trust me to get a part time county court LOL !!!!

 

Also received a copty of HSBC defence.[ GONNA BORE YOU WITH LEGAL STUFF NOW]

 

1] The claimant's account is goverened by the defendants personal/business banking terms and conditions.

 

2] Pursuant to the defendants terms and conditions the defendant is entitiled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

 

3]The defendant denies that the charges applied to the claimants account amount to penalities at common law and/or unfair contract terms for the purpose of the unfair terms in the consumer contracts regulations 1999 [uTCCRs]

 

4] the charges applied to the claimants account are reasonable and are properly and fully disclosed in the defndants terms and conditions and published price list. the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively they are not unfair contrary to the UTCCRs. Futher the charges are not default charges and, accordingly cannot amount to a penalty.

 

5] Save as set out above, each and every allegation made by the claimant is denied, for reasons set out above, it is denied that the claimant is entitled to the relief calimed or any relief.

 

So there you have it !!!!!!!! anyone know what the lot means ????

 

This legal jargon, getting me scary now feel like I'm drowning, but I'm a good swimmer so I'll keep on going

 

 

Jules

[lateralus]

well, yes, you need to ring the court - when you can get through to them and ask if in this instance an aq fee will be payable - get a name of the person you are talking to and note the date and time - just for future reference if they say no aq fee will be payable - if they say it is payable - then when you've paid it - add the 100 to your claim - good excuse to write to dg with another nudge letter and tell them you are adding 100 to your claim figure.

so, basically, just keep writing a nudge letter every 10 days to dg until they come up with an offer.

the defence is the same twaddle they always use.

[leddochic]

Thanks Lattie, your a star ***** will get on to it on Wednesday when the court is open, will keep you posted

 

Jules

[leddochic]

Hi There,

 

can anyone let me know what to put in a nudge letter.

 

Any help would be appreciated

 

Thanks

Jules

[thefuture]

Hi think this is where you'll find the nudge letters.

 

tf:)http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

[leddochic]

Hi there everyone,

 

Well finally got my court date yesterday, after being transferred from Northampton, to Oswestry part time court and now on to my local court in Chester, the date being 15th August 2007 at 10.00am. {looking forward to it]} !!!!!!!

 

Court Bundle needs to be done 14 days before, and sent to everyone concerned.

 

Anyone get any idea's on what goes in this court bundle. Is all legal Jargon or easy to understand, don't want to turn up in court not knowing what I'm going on about, despite reading loads of info from the website still a little concerned that I've done everything right, or I've missed anything etc.

 

I've have sent 2 nudge letters to DG but not heard anything, shall I keep nudging them every 10 days or so like everyone says, don't want to be done for harrassment .......Ha Ha

 

Love any help from anyone out there.

 

Hugs

jules

[jowalshy]

Hi there, here is the link for the basic court bundle that you might need. Might being the operative word because you may get a settlement before hand. Do not rush in and print it off now as your court date is not until August. Just be aware of what you need.

 

As for nudging, I am on my 3rd nudge now. Keep nudging every 10 days or so.

 

Here is a paragraph I added to my last nudge to include the court date in it.

 

Also, as I am sure you are aware, we have a preliminary hearing on 25th July at 10:00am at xxxxxxxxxxxxxxx County Court, of which I am looking forward too, but in order to expediatethis claim, I hope we can come to a reasonable conclusion.

 

[jowalshy]

oooops for got to put the link in. Here it is

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[leddochic]

Thanks Jowalsy, just had a quick look at the bundle, do I need all of it as it looks very frightening, not sure i will understand it all, does it all apply to our claim?:-?

 

Just a couple of weeks behind you in terms of dates but note you had an offer earlier on !

 

I will send another nudge letter on Tuesday.

[jowalshy]

Yes I did have an offer, but unfortunatel the offer was a bit too short and a bit too late as I had already filed my claim online.

 

Yes keep on nudging....and nudging.....and nudging. that is what I am doing.

[lateralus]

jw, i've decided expedite might be a better word. couldn't think of it before.

 

so, jules is that the only direction in the paperwork - the court date and your bundle 14 days before. hopefully - you will have been dealt with by dg before then - i'm thinking they take them in some date order (perhaps the date the claim was filed with the court) and i've been watching and they are now dealing with claims filed late feb. but they jump out of order if any paperwork forces their hand (so to speak). anyway - forget the bundle for now.

you can really only do a couple of things to speed things along - one is to nudge as jo has told you - a letter with a breakdown every 10-14 days.

 

also, when we used to fill in an aq - we were telling people to put a draft direction for order in one section - the idea being the judge makes it a direction to do it then both you and dg have to c ome up with the paperwork (yours that would be due 2 weeks before the hearing). normally, if the judge makes it an direction - dg won't do it and so whatever that date is - dg will make an offer before. so,,,,,,, if you want to - there is some advice to do the draft order for the judge and see if he will make it a direction - if he moves it up to say end of june (you'd still have about 14 days from his direction to get it together and get it in). this would shave a good few weeks off the way it looks now for a court date. so, if you are game - jo will send you the cover letter (which you'll have to tweak just a little) and the draft order to attach to it and you send it off to your local court - have a read of this and see what you think - then ask jo for the letters. if it was ordered as a direction it would mean doing the court bundle earlier than it was going to be done - the court bundle is about 200 pages of copying and must be done in triplicate so if you don't like the sound of that - maybe just leave it in hopes dg will deal before it is due to be in.

Is your court dispensing with the Allocation Questionnaire? (1 2 3)

[jowalshy]

jw, i've decided expedite might be a better word. couldn't think of it before.

 

 

Thanks Lattie for correcting my English. funny as you are the American and know how to spell the English words better than most of us do. lol

 

Jules, PM me if you want a copy of the letter that Lattie was mentioning

[leddochic]

Thanks Lattie,

that would be brill, anything's worth a try to speed up the process, Have I got this right ,I write to the courts with a draft order and ask the judge to make a direction.

 

If jo could send me the stuff I'll get on to it, All I got what a notice of allocation to the small claims track.

 

It states that the judge has considered the statements of the case and allocation questionaires Filed {bit bewildered as we haven't filed any} and allocated the claim to the small claims track.

 

Each party shall deliver to every other party and to the court office copies of all documents {including any experts report}on which he intends to rely on at the hearing no later than 14 days before the hearing.

 

There is no mention that I have to pay any more money, should I call the courts?

[jowalshy]

I would give the courts a ring on Tuesday just in case regarding your AQ fee. I will PM you the letter for the direction thing that I have done. Just tweak it to suit your needs.

[leddochic]

Thanks hunny,

 

Will call the courts Tuesday.

[getmyrefund]

well, yes, you need to ring the court - when you can get through to them and ask if in this instance an aq fee will be payable - get a name of the person you are talking to and note the date and time - just for future reference if they say no aq fee will be payable - if they say it is payable - then when you've paid it - add the 100 to your claim - good excuse to write to dg with another nudge letter and tell them you are adding 100 to your claim figure.

so, basically, just keep writing a nudge letter every 10 days to dg until they come up with an offer.

the defence is the same twaddle they always use.

 

Hi, i also had the exact same worded defence from HSBC. I'd like your opinion as to whether its in our interest or not to fill out an AQ, surley we would then be able to give more details about our claim. I used the MCOL to claim, and as you are probably aware, they dont allow enough lines to use to state our claim. On the basis of this, i was wondering if i might amend my claim with full POC and send to all parties concerned. Your advice would be much appreciated. I have read alot of posts by you, and you seem to be quite up on all this. Thankyou.

ps. Anyone else reading also, your views welcome.

[lateralus]

hi,

well, just because i talk a lot doesn't mean i know anything (cheers from the gallery!!!!) but let's give it a go.

 

ok, as for the aq - we don't decide - the court does - can't just do it off you own back. before 1 apr - everyone got an aq to fill out and sent it off with fee (if claim is over 1500) and that was that. as of 1 april mcol has dispensed with the aq and at the end of the 28 days to defend now just send you a notice of transfer to a local court and a copy of dg (hsbc's) defence. the local judge now decides if they are going to require an aq to be filled in or not - so..... if the local judge decided to go ahead and allocate a track (small claims, fast track, whatever) SOMETIMES they still require that the allocation FEE £100 still be paid and s ometimes they don't even tell you - so.... it is best to ring the court and ask "Is the Allocation Fee still payable in this instance?" and if they say no - i'd take a name and jot it down with the date and time just so later you can refer to it. if they say yes, then pay it and add it to your claim.

 

now, as for amending your poc's to make them better - it would cost £35 (non refundable) and to me it would just take longer, be a bit messy and maybe not necessary. if your claim hinges on the fact that your poc's are screwed up - you will soon know - as they will send you something that says - make it better or we are going to dismiss your claim - they will tell you ...... THEN yes, we will get them cleaned up . so, my advice on that is leave them for now.

 

 

now, as you are responding to what these two chickies are talking about - let me explain that as long as we are here.

 

when we were all doing aq's - someone came up with the idea to send a draft direction for order to the judge (it went with the aq) and asked that certain information (basically a court bundle) be filed by both parties (the idea was that dg won't "show their wares" and will deal before they are forced to - so if they have to "show their wares" early - the resolution will come early and the court should enjoy not dealing with it) as we don't do aq's there is no specific time to do this now - and i've sort of not been advising it - but for those interested - what it does is makes dg and you do the court bundle early - if the judge makes it a direction. he would get back after your letter and if it is an order - you'd have at least two weeks to get it all in. the court bundle is basically copying stuff - about 200 pages (in triplicate) to give to the court.

so, if you are game and want to try possibly to shave a month or so off the waiting - you can send the judge a polite letter and the draft direction for order attached and he will either accept it or not. read this before you decide: Is your court dispensing with the Allocation Questionnaire? (1 2 3)

the best case scenario is you submit this letter - judge oks it sets a date and dg says would you like your money now..... but maybe they won't say it and you'll be doing the court bundle thing - but they will still make an offer before it is actually due.

 

and if you decide this is s omething you want to do - pm jowalshy - she's my new pa and ask her to send you the cover letter and the draft direction.

 

get back with any questions

[getmyrefund]

hi,

 

and if you decide this is s omething you want to do - pm jowalshy - she's my new pa and ask her to send you the cover letter and the draft direction.

 

get back with any questions

 

Thankyou so much for your advice and your time for giving it.

I have read the AQ posts, I have the Draft Direction, but not sure about the Cover letter to accompany it!

Regarding again about the POC.. i have read a few posts where people have been getting orders to send in more specific details of these, thats why i asked you whether i should just send an amendment in now of these.

Anyway, appreciate your help, thankyou once again.

[jowalshy]

Hi there, as Lattie said earleir, if you have not been asked to elaborate on your POC's then I wouldn't bother with an amendment. I will PM you a copy of my covering letter for the draft direction.

 

Take care

 

Jo

[leddochic]

Hi Everyone,

 

Sent my Draft order for directions court letter off 2 weeks ago, 29th May 2007, and heard nothing as yet, going to send another nudge letter again today. Gong to cal the courts today to see if the judge has looked at my letter.

 

Will update later .