Rayne Vs HSBC - Round 2

[Rayne]

rofl!!!!! didn't spot any big words in there tho

 

yeah those emails are a pest cos all mine do the same as well - i just delete the damn things after I've clicked the link - easier to read it here than in a disjointed email

[Rayne]

bugger!! forgot to send LBA off on friday - oh well, do it tomorrow along with the prelim for capital one

 

REALLY getting into this now

[Castlebest]

Whats a day between friends

 

pete

[Rayne]

tis true what he says

 

BF2 FTW!!!!!!!!

 

Max Carnage » Maximum Battlefield...MAXIMUM CARNAGE

MaxJediRayne Lieutenant Colonel Stats, BF2S.com

 

there u go chaps (and chapesses), those two links are what i do in my spare time when im not reminiscing about virgins and trying to get my money back off the bank

[Rayne]

Afternoon all

 

After an extended stay offline I've returned to the world of the internet and online gaming :)

 

Mainly cos HSBC have no idea what DG are doing or, it would appear, that they even exist!

 

Had a letter from HSBC this morning stating that they were willing to make a payment of £531.25 in full and final. Problem is that the claim has been filed and DG actually have until next Tuesday (10th) to enter a defence, which I'm sure they'll do as prevoiusly.

 

Anyways, missus is pushing to accept the offer, but my issue is that it's almost £300 short with the claim fee and the previously missed charges as well, not forgetting the 8% under S.69. Would it be an idea to give DG a little ring and say something along the lines of "Look, HSBC have made this offer, it fails to meet the total costs incurred, what are YOU prepared to do?", or something like that.

[Castlebest]

Had a few late offers like this from the Leeds clowns, you will find they will withdraw their offer and say your now dealing with DG when they find out you have filed your claim.

 

Oh and welcome back

 

pete

[pinkduchess]

hey stranger

 

doubt a call to DG will have any effect at this stage.

 

if youre going to carry on for the whole amount you need to send the rejection letter & continue with the process. Yes it will take a bit longer but you will get all the money in the end.

[Rayne]

hey guys (and ladies of course), good to be back in the saddle...so to speak

 

yeah thats kinda what i thought as well, but thought i may as well check with the other half pushing for acceptance - crazy lady lol

 

having a good read through atm, just bring myself up to speed as, by my own admittance I've been a little slack recently (again so to speak)

 

got another one going on with abbey as well atm, who decided in their infinite wisdom to go over the 40 days on the DPA request - phoned em up this morning and gave them another 7 before I take it to the information commissioner for non-compliance - i will of course follow that with a letter

 

damn its good to be back again :)

[Castlebest]

You using the information commissioner for SAR non compliance ?.. I thought I would go county court with MBNA and Citybank

 

pete

[Rayne]

actually that looks like a better idea to me buddy, cheers for that one

 

think i'll go that route myself in that case as I've been MORE than reasonable with them

[lateralus]

and tell mrs. rayne to chill - all will be well -

[Rayne]

lol i doubt it will happen

 

good to see u again lattie

[Rayne]

i know i shouldnt be surprised but they entered a defence with less than 24 hours to go

 

oh well, here we go again lol

 

why oh why do they not learn? the idea of answering my own question with something inflamatory and definitely libellious is soooooooooo tempting right now lol

[Rayne]

kewl - got my notice of transfer of proceedings to gloucester county court this morning...exactly the same as last time, unless District Judge at glos rules otherwise, Allocation Questionnaire is to be dispensed with.

 

think the money might go on the wedding cars and dresses for this one

 

oh, is it just me or is this rude: fiance's best friend told her at the weekend that she's just booked her holiday for next year to the same place we're going on honeymoon at the SAME TIME!!!! We WERE going to be going to Mexico for a fortnight but thats looking as though it has to be rethought now. Anyone know how Egypt is in May??? Damn cheek!!

[pinkduchess]

not up for a bit of swinging then?

[freakyleaky]

[pinkduchess]

dont try & act shocked freaky!!

 

rayne seriously now - that is out of order of your fiancees friend

[Castlebest]

Rayne, have a word with Rob the Viking he was in Egypt around May this year he will tell you what its like,

 

pete

[pinkduchess]

thats what i was thinking.

[Rayne]

kewl - cheers peeps, i shall have a word with Rob The Viking....erm.....does he hang around here at all? If you do and you read this Rob, whats your thoughts?

[Castlebest]

Here you go Rayne here's his thread, nice bloke, ex-military

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/61092-rob-viking-has-punt.html?highlight=Rob+the+viking

 

he tends to disapear for a few weeks at a time working, not sure what he does he would probably have to kill us if he told us

 

pete

[Rayne]

lol cheers pete

[Rayne]

By eck its fun here!!!

 

General Form of Judgement or Order:

 

Before District Judge Singleton sitting at Gloucester County Court

 

IT IS ORDERED THAT

 

1. The Claimant do file with the Court Further Particulars of Claim and do serve the Defendant with the same by 21 August 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimant's Claim will be struck out.

 

PLEASE CONFIRM IN WRITING THAT YOU HAVE SERVED THE FURTHER PARTICULARS OF CLAIM ON THE CLAIMANT OR THEIR REPRESENTATIVE

 

The District Judges of this Court require the amount of bank charges claimed in the Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon.

 

This order was made on the District Judges own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10.

 

 

I'm guessing that this is basically saying that they want the schedule of charges, which I actually sent to Northampton and DG on 14 June. Best bet I think is to phone court (assuming they're not flooded out atm) and find out what the crack is.

[Castlebest]

 

By eck its fun here!!!

Yep it is

 

General Form of Judgement or Order:

 

Before District Judge Singleton sitting at Gloucester County Court

 

IT IS ORDERED THAT

 

1. The Claimant do file with the Court Further Particulars of Claim and do serve the Defendant with the same by 21 August 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimant's Claim will be struck out.

OK think you need to do a full statement of evidence to expand on your MCOL particulars and back up your schedule of charges, you didn't use POC's from another site did you Rayne?

 

PLEASE CONFIRM IN WRITING THAT YOU HAVE SERVED THE FURTHER PARTICULARS OF CLAIM ON THE CLAIMANT OR THEIR REPRESENTATIVE

You sure it says this? should be the defendant

 

The District Judges of this Court require the amount of bank charges claimed in the Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed.

This is a nice description of the CAG spreadsheet to go with your statement of evidence

 

It is not acceptable to merely file or annex copy bank statements (you didnt did you ??? :o)even if the relevant charges are highlighted thereon.

 

This order was made on the District Judges own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10.

 

 

Some of the judges are finding the MCOL POC's a bit too brief for their liking especially with templates from other sites, maybe your judge just wants to see exactly what your asking for and the statement of evidence does this.

 

Phone up the court and ask exactly what they are expecting and query the paragraph in upper case, think its probably a typo but worth the question AND ask if they still want the allocation fee.

 

I think this also gives you a golden opportunity to slip in either a request for the judge to adopt the CAG Draft Directions or a request that the defence is struck out as abuse of process on the grounds they have no intention of defending the claim in court.

 

pete

[lateralus]

and just make sure they are up to scratch (in case you started with mse or bbc) each charge should be listed in order - oldest first - giving date, name of the charge - as it appears on your statements, and amount.

then there is the 8% interest column - so at the bottom give a nice clear - total - charges + 8% interest + court fees = total xxxx.xx plus daily interest at the rate of xx pence per day from the date of the claim xx/xx/xx to the date of resolution (that's if you asked for it in your particulars).