On-Line Court Case against HSBC "Defended"***WON***

[freakyleaky]

Yes I have heard of this in the past and I think you are right that the court are trying to save time as they know it won't be heard. Send dg a nudge letter including the new information you have received.

[WayneBrannan]

Hi People

 

As I mentioned last week, I chased Bradford CC and was told my case had finally been listed for a prelim. hearing. I received the "Notice of Allocation to the Small Claims Track" in Saturday morning's post and could do with some advice please. Here is the entire wording in the Notice:

 

"DISTRICT JUDGE LAWTON has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track

 

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because: -

 

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

The preliminary hearing will take place at 14:05 on the 3 August 2007 at Bradford County Court, The Law Courts, Exchange Square, Drake Street, Bradford, BD1 1JA."

 

Then, attached to the Notice is a separate sheet with the following wording:

 

"Every effort is made to ensure that hearings start at the time specified or as soon as possible thereafter. However, sometimes delays are unavoidable. Also, in some instances, it may be necessary to release a case to another judge, possibly at a different court. Please contact the court for further information if you have any concerns about your hearing.

 

Telephone hearings:

 

(a) Unless otherwise provided for in this order, if a hearing is to be conducted by telephone the arrangements shall be made by the solicitor for the Claimant or, if the Claimant is unrepresented, by the solicitor for the Defendant. Where a case involves multiple parties, the arrangements shall be made by the solicitor for the first represented party in the list of parties.

 

(b) If the order directs that a hearing is "suitable for" or "may be conducted by" a telephone hearing and the parties agree that a telephone hearing will suffice, they shall apply in writing for the court's consent to such a hearing. If the court approves a hearing by telephone sub-paragraph (a) shall apply.

 

© If the order is silent as to the question of telephone hearingsm and the parties agree that a telephone hearing is desirable, they shall apply in writing for the court's consent to such a hearing. If the court approves a hearing by telephone sub-paragraph (a) shall apply.

 

(d) Save where a telephone hearing is specifically directed in the order, the parties should not assume that a telephone hearing will occur. If the parties have requested a telephone hearing they should not assume that it will be (or has been) approved."

 

 

Ok! So, now my questions(!!):

 

1. The Notice itself does not say anything about a telephone hearing, only the attached sheet. Do I therefore assume that at this stage it is NOT a telephone hearing unless I / DG apply for this in writing?

 

2. Would a telephone hearing actually be desirable? Would I be setting myself up as an easy target for a kicking from DG at a telephone hearing?

 

3. Neither the Notice or the attached sheet refers to a bundle whatsoever. Anybody I could do with some advice on how to proceed specifically with this issue!!

 

4. The Notice refers to the fact that the judge has considered "statements of case" (which I'm presuming were my MCOL POC's & DG's defence?) AND "allocation questionnaires". I never submitted an AQ as this was dispensed with in Notice of Transfer of Proceedings from Northampton (MCOL) and nothing further was mentioned on the subject from Bradford CC. Am I in trouble here?!:o

 

 

In the words of Lennon / McCartney; PLEEEEEEEEEEAASE, PLEASE HELP ME!!!!

[WayneBrannan]

Bump!! :)

[WayneBrannan]

Bump - Bump!

[lateralus]

i've heard of this three times and in all three - dg made an offer before the telephone hearing was set up -

i'd write a nudge letter to dg - saying that as you are undefended - you understand it will be up to them to set up the telephone hearing and follow that right up with the part of the nudges where it says -

i know you are busy....

i would accept....

i'm sure the courts would appreciate....

i await your response....

 

seen the nudge letters on the 2 aq theads in my signature.....

 

 

 

on another note - i'm pretty sure castlebest was one of those threatened with a telephone thingy - so you can pm him and ask him about it - if it wasn't him - he'll remember who it was.

 

p.s. you'll get by with a little help from your friends! (bet you thought i was going to say i love you!)

[WayneBrannan]

Haha, thanks lateralus!!

 

I've used both of those nudge letters of yours already anyway, and they're brilliant - thanks! - so it won't be a problem knocking another one together. Thanks for the advice.

 

I'm going to ring the Court this morning first though, just to confirm it's definitely a telephone hearing. As I said, the Notice of Allocation itself doesn't actually say that it is!

 

I don't know whether I was expecting you to say you loved me... I thought you might say "I wanna' Hold Your Hand" given how much guidance I've needed on here!! Or that it's been a "Hard Days Night" helping me out!!!!

 

 

 

i've heard of this three times and in all three - dg made an offer before the telephone hearing was set up -

i'd write a nudge letter to dg - saying that as you are undefended - you understand it will be up to them to set up the telephone hearing and follow that right up with the part of the nudges where it says -

i know you are busy....

i would accept....

i'm sure the courts would appreciate....

i await your response....

 

seen the nudge letters on the 2 aq theads in my signature.....

 

 

 

on another note - i'm pretty sure castlebest was one of those threatened with a telephone thingy - so you can pm him and ask him about it - if it wasn't him - he'll remember who it was.

 

p.s. you'll get by with a little help from your friends! (bet you thought i was going to say i love you!)

[WayneBrannan]

Does anybody have any idea whether DG are under any obligation to respond to my letter to them asking them to set up the Telephone Hearing for my court date of Fri 3rd August?

 

I ready through johnnymitch's thread that Castlebest referred me to (thanks Castlebest!) and he got a letter on 16th March from the court advising of the Telephone Hearing date of 19th April and a few days later he hada full offer from DG!!

 

Also - Can you still claim "wasted costs" if the case never makes it to the hearing? How would I go about this?

 

Thanks everyone!!

[Castlebest]

Hiya Wayne, have a read of this thread.. you should find lots of usefull stuff there.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/65643-johnnymitch-hsbc.html

 

pete

[WayneBrannan]

Cheers Castlebest!

 

Because I started off my claim using Martin Lewis' site as a guide, I never actually claimed this "overdraft interest" people are talking about on this site.

 

A, I correct in thinking that people are claiming the interest they paid on their overdrafts for the charges?

 

How difficult must that be to calculate?!

 

If it's easy enough, and looks like the extra money will be worth the time, I'm wondering whether it's worth considering starting my claim again, but claiming the o/d interest...

 

Could anyone help me on this decision??!!!!

[pinkduchess]

The advanced spreadsheets calculate the amounts for you & to curb your curiousity you could do them to see what it amounts to & if its an amount worth claiming but......

 

....with a hearing on 5 August you seem so close to the end to be starting all over again.

[WayneBrannan]

The advanced spreadsheets calculate the amounts for you & to curb your curiousity you could do them to see what it amounts to & if its an amount worth claiming but......

 

....with a hearing on 5 August you seem so close to the end to be starting all over again.

 

 

Cheers pink... I'll check it out anyway, just to torture myself!

[pinkduchess]

so.....how painful was it?

[WayneBrannan]

so.....how painful was it?

 

 

Not very, to be completely honest... The problem is, my Overdraft was tiny (about £150) but because I was rubbish with my money (I was 21, living in my own little batchelor pad and not a care in the world!!) I used to go over it slightly every month, but then my wage would always go in before the Charges were applied to the account about a week or so later. I only noticed this when I looked back through my statements, but it appears I didn't really pay any overdraft interest on the Charges themselves! I could argue that I would have been less overdrawn by the end of the month, but even then the interest was minimal because I was only ever overdrawn for a few days before my wage went in. Definitely not worth starting again!

 

It's telling though, how in some months I was only about £25 over the Overdraft limit, but still racked up £72 Charges for the following month for it!! They said it was because the £25 was made up of 2, 3 or 4 separate Switch Card payments, each attracting an individual Charge! I can't believe I was so decadent to not care at the time! I just accepted the fact that anything between £30 & £75 of my monthly salary was for Bank Charges!! My claim is for just over £3,300!!

 

I really do appreciate your guidance though pink... It was interesting to go through that Excel Spreadsheet. I mean, if I'd have been living in my Overdraft (like a friend of mine who is just at SAR stage with HSBC) where your wage goes in and you're still overdrawn, and therefore paying interest every day of your life, it would more than double the interest he can claim back with the 8% on top. From that £3,300 I'm claiming, about £700 of it is the 8% interest. I shudder to think what my friend will be getting back.

 

I'm going to get him to start a thread on here anyway, just so there's a record for you guys.

 

Thanks again pink!! Just sending those nudges at the moment & waiting for DG to either tell me their arrangements for the telephone hearing or give me my $$$$$$!!!!!!!!!

[pinkduchess]

hi wayne

 

at least now you can concentrate / continue with your claim without any regrets.

[WayneBrannan]

Sorry for late reply pink... I know, I do feel better for having checked.

 

Strangest thing happened today!

I was left a voicemail on my mobile from DG!!!!

 

Exact transcript is:

 

"Hello Mr Brannan, it's Jason [Newborn(??)] from DG Solicitors, just following up your telephone call to the offices the other day... We are dealing with this matter as quickly as we possible can and will get back to you as soon as possible."

 

I'd left a voicemail for Katie Eaves chasing a response to my (now) 3rd nudge letter last week some time! It was my understanding that they never returned calls?!?!

I had been adding a paragraph to my nudge letters asking them to confirm the telephone hearing arrangements, because I am un-represented and therefore it was up to them to make the arrangements according to the Order. I hope they weren't ringing to tell me they will be setting it up!! I was hoping they'd make a full offer rather than arrange and attend a telephone hearing!!

 

I'll keep you guys posted!

[pinkduchess]

Strangest thing happened today!

I was left a voicemail on my mobile from DG!!!!

 

do you feel honoured?

 

if johnnys thread is anything to go by you'll get your offer before a telephone hearing.

 

fingers crossed for you

[Castlebest]

"Hello Mr Brannan, it's Jason Newborn from DG Solicitors,

 

I'd left a voicemail for Katie Eaves

 

Did anyone know kate was pregnant ?????

 

 

pete

[WayneBrannan]

Haha!

 

Cheers pete & pink!!

 

Hopefully, if they've got my file to hand, a letter may be on its way.

 

I'm hoping to get the money before the end of July so I can take my little boy to Disney Land in Florida in September. Will miss the bookings otherwise!

[WayneBrannan]

Hi guys,

 

Still nothing from DG.. Still sending weekly nudge letters!

 

Can somebody tell me whether it's possible to suggest your Court asks DG to produce a list of cases they've settled and actually bothered defending or get defence struck out? I'm just wanting this to be over now.

 

Thanks

[Castlebest]

We include just such a list in the court bundle Wayne so the court is very aware of how they conduct themselves.

 

You could try writing to the court and telling them you have heard nothing from DG regarding the telephone hearing they are supposed to be setting up and you cannot get any reply from them when you try calling to find out how they are progressing,

 

pete

[bankrupt again]

For a quick background I sent of prelim mid May got declined 24th phoned asked for reavaluation 30th may! since phoned and they told me they have until 17th july to get a settlement! From what date does theyre 8 weeks run from????

[Dusary]

The original date you sent the S.A.R - (Subject Access Request).

 

Though, 7 times 8 = 56!!

 

40 days is the allowed time-scale under the Data Protection Act.

[bankrupt again]

Thanks for that! But I sent my SAR on 22nd March received them on day 41! requested my money by prelim! declined 2 days later, asked for a reavaluation on 30th May they now tell me they have until 17th July to settle by which they have said I will be made an offer!

Incidently my claim is for £8671 without interest which I thought was huge until I read your post! ha ha! By the way mine is over a 4 year period and most of the charges were taken from my tax credit!

[sea-sidelady]

Hiya,

 

First of all this is YOUR cliam, so it is your time scales now.

 

Prelim, wait 14 days.

Lba, wait 14 days.

File at court.

 

They will send fob off letters. Ignore them. Carry on with your claim.

 

Your claim is a lovely amount to recieve. And you will get it.

 

Also use this letter if they take money from your benefits.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

If you have any worries, just post on here and some one will be around to help you.

[Dusary]

see!