hsbc bank charges **WON in COURT post-OFT!!!**

[freakyleaky]

Hi sm all looks good to me. You'll soon be rolling in it!

[syds mum]

sure will... seems to me that courts have just realised that the banks are wasting their time and are defo backing us now with regard to making life a little easier for us... no court bundle how good is that!!! (still have one to do for 1st claim but rest gonna be plain sailing....) dont be gone too long re broken p c freaky wont be able to cope without ya!!!

[freakyleaky]

I am sure you will cope! I only do the easy stuff and provide a little encouragement where possible! As long as the clevr ones are watching you will be fine.

Hope to be back on my own tommorow.

More power to the judges I say!

[syds mum]

you are so modest!!! if we didnt have the people to direct us in the right direction we wouldnt find the CLEVER people!!! worth ya weight you lot are!!!

 

debbie

[syds mum]

hi there been puting bundle together and realised i havnt got the austrailian report (nicole rich) have got it in my statement of evidence and cant find the report anywhere!!! have found link to austrailian site but cant get report without paying something!!

 

can anyone direct my to a copy anywhere please??? and do i need it in my bundle???

[syds mum]

hi i need the report asap... if it is needed in my bundle.. only got a few days left to get bundle in!!! got it in order but dont know about said report (see tread above)

[Castlebest]

Freaky will be here in a bit Im sure he knows where it is

 

pete

[lateralus]

pm jowalshy - if she's sober (she won today) she will send you it

[syds mum]

Thanks Love Will Do!!!! Nearly Done Bundle Just Waiting For This Report!!!

[syds mum]

. http://www.consumeraction.org.au/downloads/DL29.pdf

[chauvesouris]

I think that's just the press release. It looks like the full report is at:- http://www.consumeraction.org.au/downloads/DL56.pdf

- although it runs to 90 pages so it's a lot of extra pages in your bundle!

[syds mum]

hi deadline today for HSBC to comply to court directions.. have rung court and they have not received anything... i need to enter judgment but have not got slip to do so (court told me should have it attached to bottom of issue of notice but not ther instead it is notes for guidance!!) can anyone help!!! court said draft a letter but want an idea how to compose...

 

i the claimant enters judgemnet as defendant have NOT COMPLIED!! words to that effect i think!!!

 

feeling quite positive regarding OFT test case as feel sure they cannot stay once judgemnet is entered... (if i were a judge i would feel quite peeved at them taking the proverbal!!!)

 

thanks debbie xx

[lateralus]

bump

 

 

i think you use the n244 but i'm not sure

 

so, bump!

 

 

 

 

found this one - tweak it to your circumstances:

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

[syds mum]

thanks for that love.. have had a play with it and come up with this.. do you think its o.k???

RE: ########– V - HSBC

ACCOUNT NUMBERS: ###########

CLAIM NUMBER: #########

FILE DATE: 21/05/2007

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Douce dated 5th

July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to comply with this order, the Defence will be struck out without further order and the Claimant shall be entitled to enter judgment.” The Claimant therefore requests judgement against the defendant for the claimed amount comprising of £611.50 (initial claim) and £80.00 (court fee) and £234.57 (interest under s.69 County Courts Act 1984). I have taken the liberty of enclosing an updated schedule of charges.

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

[lateralus]

i think that's fine

[syds mum]

hi have been on the phone to court and i am entering judgement today... i am i little confussed.. once judgement in i assume the judge will award win by default as the defendants have not complied... court lady told me that the judge will look at my judgement on hearing day (21st aug) my question is what do i need to take to court?? my directions only ask for SOC and just wondered if i need to do bundle for hearing?? i realise that the court are inundated with paperwork but she couldnt even tell me if they received anything from defendant!!! deadline was yesterday for them... but should i have received any documents they would have sent (if of course they sent any which i doubt)???

 

once judgement entered they get x amount days to pay up... but didnt think i would need to go to court if default is entered... hope you can make sense of this!!

 

debbie xxx

[syds mum]

Well I Have Taken My Judgement Down To Court In Person And They Told Me That Turn Around Is About 5 Days So You Were Right Regarding Three Weeks!!! They Dont Seem To Know What Will Happen Either Just Got To Hope Judge Grants Judgement.... Does Anyone Know If After Judgement Is Granted Can Banks Still Ask For A Stay Or Is It Set Aside??? Surley They Have Abused The System Enough By Getting Said Judgement Against Them!!! Know Its All Up In Air At Mo But Still Need To Keep Information Coming In So We All Know What Happens Next!!!

[syds mum]

Bump

[JunkiMunki]

Hi there Syd's Mum ,

Having just read your letter from court issued by Judge Douce I myself have been issued with Exactly the same order from a different Judge regarding the 21 days, I have submitted my bundles to the court and to the YB, but because of a stay in hospital and the postal service , did not post in time for the banks to receive by the said date, I did manage to get the courts bundle in on the due date but the banks would have been 2 days late, their bundle is now supposed to arrive with me and the Court by the 7/8/07, but me being fair will give the Bank until the 10/08/07 to comply with this .

I have a Court Date fixed for the 21st August @2pm at Derby unless the banks have settled before then, but I have not heard anything from them as yet, I did also include in my bundle a letter in reference to the FACT that all the extortionate penalty charges taken from my account for the last 6 years have been taken from my BENEFITS which according to the Legislation in the "Social Security Administration Act 1992" section 187 is not allowed , so will just have to wait and see what they do next , the bank I am at court with is the YB.I have not filed against the Hsbc as yet , have written them a strong letter though as they have taken £1.186 from my account since July 06 up to and including July07, and all these have been taken from my Benefits, which means I am only getting HALF the amount per month the Law says I need to live on, and am unable to do anything about this because of recurring charges each month .

When I mentioned the above Law to them on the telephone I was answered rather smugly with " excuse me dear but If you had not gone over your overdaft limit then WE WOULD not have had to administer the said charges. [POMPOUS GIT] They then said due to the High Court Case pending all charge complaints have been stopped, to which I replied that may be so but I bet your "nannys pits" that YOU at the HSBC will still charge me again next month, even though I write in again asking you under the above legislation not to take my benefits for charges , it seems to me that most if not all the banks turn a blind eye to this law and do as they please. Junkimunki xx

[JunkiMunki]

Hi there Syd's Mum ,

I was reading your case history so far and have informed that the judges directions were exactly the same as mine , which if 21 days be given to you from date of order would take you to the 24th July, then the defendant has 21 days from 24th July to comply their order , which makes the banks deadline as being the 14th August 2007 , this is what I have understood it to mean but check with Lateralus on this . Unless you are talking about the other case giving 14 days .

[syds mum]

hi junki... yes i am refering to another claim my hubby!!! see post 35... although begs a question do you take 14 days from the day the defendants receive your documents or like you say 14 from service order then they have 14 days.. ie my order on 5th so my deadline is 19th then they have 14 days from 19th so they have till 2nd??? or 14 days from when they got mine... ie 18th so they have till 3rd??? i am at derby on 21st aug at 2pm aswell so will see you there.. wear a red carnation!!! lol

 

debbie xxx

[syds mum]

bump

[syds mum]

hi have been on the phone to court and i am entering judgement today... i am i little confussed.. once judgement in i assume the judge will award win by default as the defendants have not complied... court lady told me that the judge will look at my judgement on hearing day (21st aug) my question is what do i need to take to court?? my directions only ask for SOC and just wondered if i need to do bundle for hearing?? i realise that the court are inundated with paperwork but she couldnt even tell me if they received anything from defendant!!! deadline was yesterday for them... but should i have received any documents they would have sent (if of course they sent any which i doubt)???

 

once judgement entered they get x amount days to pay up... but didnt think i would need to go to court if default is entered... hope you can make sense of this!!

 

debbie xxx

 

 

ANYONE????

[freakyleaky]

I think you should take the soc as directed and a copy of the new poc's just to clarify your case if asked for.

And maybe the applicaation for removal of stay in case dg apply for one!

See jowalshys thread "application for removal of stay"

[syds mum]

hi freaky hows you??

 

thanks for that not sure what they expect at court... if judgement is granted do i still have to go then?? got no probs with going to court just want to be prepared thats all!!! do you mean my poc's or the new one thats been posted recently??

 

debbie xxx