Puffster1000 vs HSBC **WON**

[Puffster1000]

Hi there people!

Im currently trying to claim £3500 from HSBC and wanted to get my defense correct. I have been reading as much as I can the last couple of weeks and I must say I seem to be gettign confuesed with the order in which I need to do things.

 

Where I am at:

HSCBC put in a full defence at the end of the 28 day period. I received a letter on the 29th May, again saying that the AQ would be dispensed with by Northampton CC and it was being transferred to Reading CC. I was concerned I didn't miss anything so rang RCC to find out. They advised it was with the district judge who would be making the decision on requesting an AQ or not and I did not need to do anythign in the meantime.

 

I have not heard any more yet. I want to make sure im fully prepared. Can someone explain what will happen next in steps and what do I need to prepare to send to the courts if anything.

 

Thanks!

[freakyleaky]

Hi and welcome to the forum. Have a good read of this thread New---after 28 Days - Maybe No Aq!!!!!!! you need to be sending dg a nudge letter now. It tells you all you need to know in that thread. Just shout if you need more help:)

[Puffster1000]

Thanks Freaky! Will send the nudge letter today and have a good ol' read through those notes. It might be wirth noting though the banks defence differs somewhat to one a work colleauge received from HSBC a few montyhs ago. They seem to really focus on the fact that these are not penalty charges ,and arranged fee's for services (which is not the case, I did not include and arranged service fees). The line reads:

'The charges applied to the claimants account are reasonable and are properly and fully disclosed in the T&C and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them;akternatively they are not unfair contrary to the UTCCRs. Further the charges are noty default charges and accordingly can not amount ot a penalty'

 

I guess this may become standard in light of the lloyds case?

[freakyleaky]

Yes this is fairly standard stuff now! Same old drivel:rolleyes: !

Just send your nudges for now. You will get your money!

[Puffster1000]

Right no response to first nudge letter so I am thinking I need to send another? Should I be sendign these to the court too or keeping them to send in one go if I need the court bundle?

 

Heard a peice of good news though that a case was thrown out of Reading court vs barclays before even getting a date!

[jowalshy]

You do not need to send the nudges to court as these will form part of your court bundle if and when it is needed. Just keep nudging DG every 10-14 days or so.

[pinkduchess]

nudge every 10 - 14 days.

 

you dont need to copy them to the court but keep a copy for your correspondence.

[pinkduchess]

snap!

[Puffster1000]

Cheers peeps. Thought that might be the case.

 

I was wondering thinking about somethign else which may be good evidence for court. All these banks being governed by FSA means they have to comly with strict guidlines on complaints that are deemed reportable due to financial loss. I would say claiming the bank charges is deemed as a complaint. I need to check the dates on the letters but they are supposed to acknowledge within 5 days by letter, send a holding letter after 4 and then 8 weeks including FOS details on the latter. Now I jsut received a letter saying they would take up to 8 weeks looking at - surely that is not comlying with regulation (does anyone know?) Maybe a nother tool to build up the evidence

[Puffster1000]

Recveived a lteer today with the court hearing date of 9th July! The letter was dated the 15th June but seems to have been delayed gettign to me. It basically mean I have to have all the documents to arrive by monday which bascially means I have to send it all off tomorrow!

 

HOw do I sort this court bundle to be relevant to my case, what else do I need to include, do I need to send my original bank statements etc.

 

 

Help!!!

[freakyleaky]

Have a read of this court bundles for dummies

Then come back with any questions when you get stuck!

No worries!

[Puffster1000]

Cheers going to start in an hour or so so will let you know!!

[Puffster1000]

The other thing is im actually away on the day of the hearing so should I be re-arranging or jsut asking the judge to do in my absence?

[freakyleaky]

How are you getting on with the bundle? Any problems?

[Puffster1000]

Not so far I don't think. Ihave:

1. Cover page

2. contents

3. Correspondence _ Should I draw attention to the dg budge letter

4. Schedule of charges

5. Statements

6. PDF from Guido

7. T&C

 

Is this about it?

[freakyleaky]

You need all the correspondence relating to your claim including copies of any "budge" (LOL)letters.

You also need all the stuff from the basic court bundle. All the legal stuff that is listed. Have you got that? Your total bundle should come to around 250 to 300 pages!

[freakyleaky]

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE.

[Puffster1000]

Yeah slightly excited mistype! :o

 

Have jsut sent 198 pages of Guidos court bundle pdf to the work printer x 3! hope no one is in a rush for any urgent docs!

[Puffster1000]

Guido's includes all of that I m sure looking through it. The thing which I thought was good on the bundle that you put the link too is the summary page

 

Have got a copy of HSBC T&C's as well.

[freakyleaky]

Sounds like you got it covered!

[Puffster1000]

Jsut hiding from the que building up at the printer!

 

Do you think I need to include a summary of the docs contained in the pdf as well as the contents?

[freakyleaky]

You just need an index of everything in the bundle!

[Puffster1000]

ok cool, thanks for your help so far. Will drop the bundle off by hand at the court tomorrow and send the DG one second class!

[freakyleaky]

Ok but I would send dg's recorded delivery. There is no argument that they havn't received it then. also the sooner they have it the sooner you will have an offer!

[Puffster1000]

good point!