!!!urgent!!!

[JOSH_IOU]

Further...

 

Dose this apply to court claims only?

 

Can the bank make a without prejudice partial and final offer going through the Financial Ombudsman?

[JOSH_IOU]

I have a court date with HSBC

 

However my funds have ran out and I am unable to send off letters.

 

My ink has Also ran out.

 

I am in a state of panic.

 

Any ideas?

 

Do you no of any solicitors who can take over so i don't muck up?

[alanfromderby]

I have merged the various threads you have on this case. Can you confirm the dae of the court hearing - and the full directions you have received.

[JOSH_IOU]

The hearing of the claim will take place at 14:00 on the 13 August 2007 at Morpeth & Berwick County Court. and should take no longer than 10 Minutes. (in a tandem sitting)

 

1. The parties must file at the court and serve on the other party not later than 14 days before the hearing the following:

 

(a) copies of all documents upon which they wish to rely

 

 

(b) statements of all witnesses, including the parties, upon whose evidence they wish to rely.

 

The Statements shall be typed, dated and signed by the whiteness and stating that he/she believes that the facts stated in the witness statement are true.

 

2. All original documents must be brought to the hearing.

 

3. Parties should note that if they do not file and serve documents and statements as set out above then the court may decide not to admit the evidence of the party by default.

[alanfromderby]

Okay, you have got two weeks to put together your court bundle. I note that you have had previous claims - did you get to the court bundle stage then?

[JOSH_IOU]

no alan

[JOSH_IOU]

i dont have all the documents either

[Michael Browne]

i dont have all the documents either

Such as?

[JOSH_IOU]

Data Access Request.

 

I only have part of my statements.

 

I have my LBA thankfully.

 

 

Can you think of anything else i will need?

[JOSH_IOU]

2 weeks?

[alanfromderby]

Sorry...with your panic I misread - you have more than 6 weeks.

[Michael Browne]

Can you think of anything else i will need?

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

What happened to the rest of your statements? You will need these

[JOSH_IOU]

good question.. (I really have a bad filing system)

 

Should i send off another request for them? They can only say no.

 

I will walk in the branch and plead with them if that's what it takes.

[JOSH_IOU]

So any ideas?

[freakyleaky]

If you have lost them you will have to get them from the bank! You could try calling in to your local branch and asking for them. Can't think of any other way, sorry!

[lateralus]

can you not get the missing statements from on-line banking?

[JOSH_IOU]

Can I do that?

[lateralus]

INTERNET BANKING WEBSITE: -

HSBC INTERNET BANKING

 

HOW TO OBTAIN YOUR STATEMENTS ON LINE: -

Click on “My Accounts” choose the account that you wish to deal with and then click on “My Statements” this will give you online access to up to 6 years of statements. (Repeat for each account and use a separate spreadsheet for each account).

 

Hint: - Watch out for the moving "Prev" button it is replaced by "Next" which takes you back to where you started

 

my son went on internet banking the other night for the first time - and was instantly on (you need a security number that you use if you do anything on the phone), go on my statements on the left side and it takes you back.

[JOSH_IOU]

I have printed the page in a PDF will that do?

 

I didnt think i could use internet banking.

 

Is it just a complete list transactions the court is after?

[lateralus]

for the court bundle - i think it would be proof of what you are claiming - that they had debited you that amount on that day for that charge to back up what you've put on your schedule of charges - so, i reckon if it is s howing hsbc letterhead and the charges - it should do.

 

i don't actually know what that means - but you can print it out, right - so should be ok

[JOSH_IOU]

I have a without prejudice offer which i have accepted due to my financial situation.

 

Though this dose not include overdraft interest and court interest.

 

Has any one accepted this offer and then claimed the rest?

 

I have not got the cash yet so i am not closing my claim.

[lateralus]

not if you accept it as full and final - you are prevented from claiming for those charges again. without prejudice just means it can't be shown in court - it's you signing a full and final that would prevent you claiming for the same charges. if the money isn't forthcoming - just carry on or get back and we'll write a letter hoping to squeeze some more out of it - any time mentioned for you to respond or them to pay or anything?

[JOSH_IOU]

thanks for your usual prompt reply.

 

It dose not which leads me to believe perhaps that a payment will not be forthcoming.

 

It dose say it is an ex-gratia payment so perhaps they are serious.

 

Oh and this is an offer from DG solicitors by the way.

 

Who still claim there client thinks the charges are lawful.

 

I wonder if they read the papers lol

[JOSH_IOU]

here is a copy of the first page of my letter

http://jamesrap.freewebspace.com/hsbc/File0012.pdf

 

Second page

 

http://jamesrap.freewebspace.com/hsbc/File0016.PDF

 

[lateralus]

i says full and final - they are offering xxxx in full and final payment for these charges - so you can't go back and ask for the interest if you've accepted -

i see- you mean it doesn't say how long they have to pay - right, well, i'm afraid you are at their mercy to a point - because if you write to them and say you'll give them 3 days, or 7 or whatever or you will consider the agreement nul and void - and will continue with the claim - then they will pay it. and if you don't write - they will put it in when they get around to it in a week or 10 days. i hate to say it but i think you've accepted too early - and i don't think you can get out of it.

i think you'll just have to be happy with what you've accepted.

 

there was never any guarantee you'd have gotten the lot, and they say they don't have a schedule from you - though i find that hard to believe - but if there was something wrong with your claim - it may be you've gotten more this way than you would have gotten by holding out - so maybe a silver lining?