tigger v HSBC

[Castlebest]

Carlisle v Clydesdale directions first time I've seen it in directions form, this is what everyone should have.

 

1. The stay shall extend only until the determination of the first instance decision in the test case before Mr Justice David Steel.

 

Judge Behrens believes enough information will be available following the first instance judgment to allow the stayed claims to progress or at least have a better idea of where this is all going and how long it will take

 

2. In the event that the defendant should attempt to take enforcement action in relation to any part of this claim which comprises disputed charges, then the claimant and may applied forthwith to lift the stay.

 

The bank are still allowed to take charges against your account during the stay but they are not allowed to take any action to recover the money they say you owe them.

3. The Defendant shall give the Claimant 28 days notice of any intention to pass to a third-party information relating to any part of this claim which comprises disputed charges, except in so far as the Defendant is required to give that information pursuant to a contract with that third-party.

 

The bank has to tell you one month in advance if they are going to pass the debt to a recovery agent or any information to anyone else. unfortunately because the banks are contracted to the credit reference agency's they can still report default so we will have to get any of these that are made removed when the stays are lifted.

hope that clarifies it no too bad and there are things you can do to consolidate your position

 

pete

[tigger25]

Cheers Freaky. That's just what i was thinking. But better let Pete give them the 'once over' as suggested.tigger25

[tigger25]

Lo and behold! As I was typing my response to freaky, the main man was already posting his thoughts.Cheers Pete.p.s. are the things we can do to consolidate dictated by the directions?

[Castlebest]

Well let us take a theoretical person with these directions included with their stay.... and suppose that person opened another account with another bank, transfered all of their financial dealings to that new account leaving an overdrawn sum of slightly less than their claim value .......

 

That person would in effect be starting afresh having left the disputed charges overdrawn in the old account and when the stay is lifted the claim... all things being equal... should pay off the old overdrawn bank account.

 

That person would have to be careful of default reports to the credit agencies and also be aware that the result of the test case is not known, if some deal is cut that reduces the value of the claim some of the money would have to be paid back.

 

Also any new charges imposed by the bank since the claim was put to the court wouldn't necessarily be covered by the stay but recovery of those would also be risky for the bank because all that would be necessary would be a secondary claim for the new charges.

 

of course thats all theoretical and I couldn't possibly recommend doing that to anyone

 

pete