!!!urgent!!!

[JOSH_IOU]

HI HSBC have just filed a defense at the last minute.

 

 

What do i do now?

[Deller]

It's a case of sitting back and waiting to recieve a copy of their defence and more than likely the AQ. This is standard practice for the bank to file their defence at the last minute!!

[lateralus]

New---after 28 Days - Maybe No Aq!!!!!!!

although most local judges are dispensing with the aq. but you'll still get a notice of transfer to the local court and a copy of dg's defence

look at post 1 on this link and read about the next bit.

our advice is to start writing nudge letters to dg - every 10 days and include a breakdown. have you sent dg a breakdown yet - if not - go ahead and send one today - their address is on page two of your acknowledgment. just ask them to attach this to your claim and give them the claim number. keep reading other threads to see how it goes after the defence.

[Yoko262]

Hi

 

Hope you can help? I have been fighting HSBC since January for £1900 worth of charges - The court sent me a notice of transfer of proceedings on the 1st May with a copy of the banks allocation questionnaire - I just put it to one side and I am waiting - not sure what for!! - however with the win by Lloyds TSB yesterday I am now feeling a little worried - how long do I have to wait - end of the month? Can I do anything or should I have done something? Can anyone help me? Many thanks

 

Hope I am in the right bit - all new to me

[rob-the-viking]

Yoko

 

Welcome to the forum, first off i'd start your own thread.

 

You stated that you've got a copy of the banks AQ, did you fill in one yourself and send a copy to them? If this is the case then your 'file' will now be with the Judge. I can pretty much guarantee that there is a backlog of cases (not just bank claims) at every court in the land. The Judge will get round to it in good time, don't panic. Might be worth giving the courts a bell to see what the state of play is. Once the Judge has got to your file you'll hear from the Court telling you what course of action he/she has decided to take. Int he mean time I'd download the court bundle from the site and familiarise yourself with everything incase you have to go to court.

 

r-t-v

[Yoko262]

Thank you for much for your reply - no nothing was done - the letter from the court just said - please read the accompanying documents carefully - and the - note that the allocation questionnaire should be returned - was crossed through! so nothing has been sent back to the court - I will call the court and see what is happening plus read the information you have kindly sent to me - thanks again

[JOSH_IOU]

The bank have sent me a letter.

 

They state they have not received a copy of my charges and because of that they consider the matter settled if i don't respond. If i don't sign the acceptance letter they have sent me. This is simply for the bank charges not the interest. Including the 8% interest i am entitled to.

 

I thought MCOL were supposed to send the bank a copy of the correspondence.

[HSBCrusher]

The bank have sent me a letter.

 

They state they have not received a copy of my charges and because of that they consider the matter settled if i don't respond. If i don't sign the acceptance letter they have sent me. This is simply for the bank charges not the interest. Including the 8% interest i am entitled to.

 

I thought MCOL were supposed to send the bank a copy of the correspondence.

DG solicitors do expect a copy of the charges, they do not pay up without it.

You will need to send a schedule of charges, including the interest to them... they will moan about the interest, but they will cough eventually.

 

our advice is to start writing nudge letters to dg - every 10 days and include a breakdown. have you sent dg a breakdown yet - if not - go ahead and send one today

 

the link to the letter didnt work by the way JR.

[Yoko262]

So quick question - I have spoken with the court and the judge looked at the case on Friday and a letter will be on its way to me soon - the clark thinks that it will be a letter to say that a it will go to court - do I send a letter with my charges to the solicitors or again should I just wait and see what the letter says - any info would be fansatic - thanks

[lateralus]

yoko - press here to start your own thread:

 

we can find you again that way and help you - but for now - here is my advice:

 

send a copy of your breakdown of charges to dg straight away.

when you start your thread - for your benefit and for ours - do a little catch up on your first post - like

mcol filed: xx/xx/xx

defence filed: xx/xx/xx

notice of transfer: 01/05/07

 

 

 

 

you say you were sent a notice of transfer with their aq - that's not normal - you would only get a copy of their defence at that point.

 

 

OK, now i've read your postings a little more carefully - you didn't file an aq - nor did they - you have received a copy of their defence on 1 may - and the aq has been dispensed with - so have a read of post 1 on this link:New---after 28 Days - Maybe No Aq!!!!!!!

all that's happened so far is perfectly normal. when the aq is dispensed with - you wait to hear what the court orders and that's what you will be getting shortly - so you can wait for that or go ahead and send dg solicitors a copy of your breakdown and a nudge letter - see post 1 of that link. they need a breakdown before they will offer. see what the court orders and get back to us - but in the mean time - start your own thread so we can find you again. send dg a breakdown and wait to see what the court says then get back - and if you want - send dg a nudge letter with that breakdown.

do you know which court you have been allocated - your local court?

[JOSH_IOU]

HSBC Have filed the following defence.

 

 

Defence

 

1. The Claimants account is governed by the defendant?s personal and/or business banking terms and conditions.

2. Pursuant to the defendant?s terms and conditions the defendant?s price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

3. The defendant denies that the charges applied to the Claimant?s account amount to penalties at common law and/or unfair contract terms for the purpose of the unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

4. The charges applied to the claimants account are reasonableand are properly and fully disclosed int he defendant?s terms and conditions and published price list. The charges represent the contractually agreed price for the service provided and the UTCCRs.

Further, 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 deied. Relief claimed or any relief

[JOSH_IOU]

my claim.

 

1. The Claimant has an account ******** with

the Defendant, opened Feb 2000 2. Since

02/05/01 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£2,119.83; (b) Interest per S.69 County

Courts Act 1984 of 8% - £295.61 continuing at

8% until judgment or settlement at a daily

rate of £0.xx; 6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

[JOSH_IOU]

Without hearing

IT IS ORDERED THAT:-

 

1. The filling of an allocation questionnaire be dispensed with in the case unless the district judge at the court of transfer orders otherwise.

 

then gose on to say i can apply for a stay etc.

[JOSH_IOU]

so what do i do?

[lateralus]

that's why i wrote this:New---after 28 Days - Maybe No Aq!!!!!!!

[Yoko262]

Hi a quick thank you to you all for all your help - I have now set up my own thread on - Yoko & HSBC Bank - can I win? - I have followed your instructions and also put in the information about dates etc that you requested - once again a massive thank you - you really have helped me feel so much stronger - Bring in on!!

[lateralus]

jr, receiving the defence from dg is totally normal.

you just have to wait until the local court advises if they require anything -

you don't need to reply to hsbc on these partial offers but a short note like this may help:

 

To: whomever sent the letter

 

Dear xxxxxxx

Please be advised that I have filed a legal action against the bank for the purpose of reclaiming these charges on xx/xx/xx.

My claim has been issued, acknowledged and defended by your solicitors.

I am now dealing with them. Please do not send me another offer unless it is for xxxx.xx.

 

Sincerely

jr

 

and on the dg front, send them a copy of the latest partial, your response and a letter to them and a breakdown -

the letter to them - take from either of these threads:When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

post 1 on each has ideas for nudge letters to dg - give it a go.

a nudge every 10-14 days and a breakdown every time.

[JOSH_IOU]

I have a Defense from HSBC.

 

They claim they do not owe me any Interest.

 

This is interest i sufferd from penalty charges and my court interest i am entitled to.

 

However I have 3 or 4 a partial offer's from them.

 

Due to my negligence i have lost some of the letters they sent me.

 

I am disabled and i am hopeless at keeping things secure.

 

Is there any way i can correct this and send what i have to try and get the judge to make an early ruling?

 

My court date is 13th august 2007 at 14:00 will last no longer than 10 minutes.

[jowalshy]

I would give HSBC a ring and ask if they could forward on to you copies of the letters that you are missing. You never know they might do this for you.

[lateralus]

if the letters are marked "without prejudice" then you can not use them in any court contact.

 

also, on a totally different subject - are you aware that banks can not take your benefit money from you - check this out:

Right of Appropriation - Stop the bank from taking your money

it may come in handy sometime.

[JOSH_IOU]

Can the banks be held in contempt of justice for abuseing the court procedure?

 

Is this the same as insulting a justice or a justices?

[jowalshy]

Hi jamesrap. A similar thing is being done to sort of punish the banks for abusing the court system in the bank template library. The link is below

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[Castlebest]

Knowing the banks are abusing the system and proving it are very different things.

I’m sure if the District Judges felt they were on strong enough ground they would throw out every one of the banks defence cases and rule against them as soon as they received it purely on abuse of process, I know a good few people here think that’s what they should be doing.

pete

[JOSH_IOU]

Interesting would claiming minimum wage be classed as reasonable by the courts?

[JOSH_IOU]

Hi folks

 

 

 

 

I recvied an offer of final settlement entitled without Prejudice.

 

 

 

can you please look at this post i got from this link.

 

 

 

Factsheet - How to use `without prejudice` properly to protect your interests - Other commercial contract disputes - Publications - Geoffrey Leaver Solicitors

 

 

 

 

 

=========================

 

Factsheet - How to use `without prejudice` properly to protect your interests

Using 'without prejudice' in a dispute means what you say can't be used against you if the dispute turns into court proceedings, but only if you use it properly.

Commonly, you use ‘without prejudice’ if you are making an offer to settle a dispute that you don’t want used against you in court as an admission, or as evidence of what you are prepared to pay as compensation, if the other side refuses your offer.

Dispute must be underway

If you have a potential dispute with an employee or a customer, using 'without prejudice' in a discussion or on correspondence doesn't automatically make it confidential. Your words could still be made public in court or the employment tribunal. For the words to protect you a dispute actually has to be underway.

For example, you might want to sack an employee, and have a 'without prejudice' chat to see if she'll go quietly. That isn't a dispute yet, even if she has lodged a grievance. So what you say – and the fact you had a chat at all - isn't confidential if she sues you for discrimination.

If you suggest she might leave her job during your chat (even if you offer to make it worth her while) it's likely to be a constructive dismissal. By making it clear you want her to go you've destroyed the relationship of trust and confidence which should exist between you.

Admissions and assertions

Even if there's a dispute, 'without prejudice' only makes your admissions confidential, not your assertions - so don’t make discriminatory comments during 'without prejudice' discussions, even if a dispute is actually underway, because they won't be protected even if you have used ‘without prejudice’.

If a customer has complained, and you want to make an offer to appease them, you can mark it 'without prejudice'. But be careful – you must still ask “Is there a dispute yet?”. If the court decides the matter hadn't escalated, your offer could come out into the open and be treated as an admission of fault. Or it might not be a genuine attempt to settle the dispute - if it isn't it can be referred to in court.

Action points

• Only use 'without prejudice' if there is a dispute underway.
  
• Use 'without prejudice' only if you're making a genuine attempt to settle the dispute.
  
• Don't make assertions.
  
• Keep a written record of exactly what is said during any 'without prejudice' discussions.

==========================

 

Now can we say because the banks have so many claims made against them we no they were going to settle any way.

 

So we respectfully submit a without Prejudice settlement offer?

 

worth a conversation with the legal seagulls i think.