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

[freakyleaky]

Whats the name of the user you were talking about Deb?

[syds mum]

user name "oidhche" and she is in general forum... she has PMd me and think she is HSBC!!!

[syds mum]

HI ALL JUST TO WISH YOU ALL A...

 

 

 

 

DEBBIE XXX

[abroadgirl]

hello everyone

happy new year

i have enjoyed reading your thread although im not with this bank i do go and read in them i thought i would let you know what ive done also

i have calculated wrong

the amount i have claimed is WRONG:confused:

its half the amount, and im at court on tuesday i was thinking would it be best to tell the judge when i go in or do i send a letter saying sorry etc

what a fool but i was never any good at maths at all

tyvm

hugs

abg

[johnnymitch]

Hi abg,

Do you mean you've claimed HALF of what you should have, or DOUBLE the amount ??

 

Determine the correct amount, ring the court tomorrow and explain - they may amend it for you or certainly advise you what to do. Might cost you a bit extra to amend it- but if it's amended upward that won't be too bad.

 

On second thoughts, if it's to be less than you've claimed already, I'd let the bank point that out to the court and it can be amended then. But in that case ,don't say you knew it was wrong;)

[abroadgirl]

hi thankyou so much for your reply

i have added to much it is half what it should be

which brings it down to just over three thousand,

i was thinking of having a word with the judge before we go in and then when they say about the amount the judge knows about it etc

it s

will shock them wont it and them not knowing

tyvm for all your help

hugs

abg

[johnnymitch]

Let's know how you get on , abg - all the best!

[abroadgirl]

hi again well here it is

this is how it went, we arrived at the court about 30 minutes early booked in and sat down to wait, after about 15 minutes a very smartly dressed lady came over to us and introduced herself as Mrs. ? Newstead ( sorry I have forgotten her christian name )and said that she was representing Abbey. She then handed us three documents reffering to other case that had lost their stay applications. The first on the Human Rights argument, ( 1 case ) the second on the Overriding Objective argument ( 3 cases ) and the third Balance of Convenience/ In the Alternative ( 4 cases. . On these she would base he objections. At ten past two we were called to the Judges Chambers, all very informal where we introduced ourselves to the Judge, who bore a remarkable resemblance to Paul Daniels In fact I kept expecting him to sau " you are going to like this, not a lot, but you will like it" LOL (me) explained that it was her wish that I speak on her behalf and this was agreed, somewhat reluctantly by Abbey`s Council (she seemed miffed when Judge asker her if she was a barrister, so presumably the sent a fairly large gun ), any how I asked if judge minded if I read out skeleton argument as I really had not had great amount of time to prepare more arguments. He decided that they would be quicker reading it for themselves , he got through his fairly quickly, but Ms Abbey Rep was slower and making copious notes, He then asked me if I had any further to add I replied that I felt it prob. for best that if there were any questions I would endevour to answer these he agreed and queyed one or two minor points and asked Abbey if she had any and she replied this is all new and was unprepared. judge then asked me if I had any other reason why stay should be lifted in view of test case startin on monday and expected to be settled in 8 days , the way he asked the question that the only answer I could give was no without making a fool of my self. he then went into general conversation abot test case, how some arguments had already been ruled on in many cases and he would not go counter to these rulings he then cross examined Abbey re taking charges from benefits saying there was no guidance for him on this issue, abbey jumped in here and produced book of relevant legislation and quoted sections we had used and stated "in my opinion these sections refer to loan sharks, unscupulious hp companies and other undesirables having access to clients funds , like pension book [problem] that used to go on" and banks remarked the judge to wich she made no reply. Judge then said he would not rule on this issue as case must be decided in high court by someone taking back to court specificaly to stop them taking these charges and nat as part of a claim. (was this some advice I am wondering) he then informed us that he would not lift the stay for several reason but mainly the close date of test case, and that he had been incontact with Abbey in regard to this and other cases and they had said they would appeal decision pending out come of test case so really there was no point in lifting stay other than to waste everyones time. so there we go we did not win but do not feel that we lost either, and went away both of us with the impression that had the test case not been so near then we would have won He was very symathetic to us, and at times short with Abbey rep. Oh and before I forget after he gave his ruling I asked about altering mrs x (me)claim to which he agreed and stated that he would record this in his ruling, Abbey were not keen, saying that we could ask at later date to amend claim but he insisted no I will enter it in ruling and then mrs xxx (me) can just send amendment to the court to be attached to claim. I asked if another N244 application would be required and again he said no, just send polite letter to court.

 

So we didn`t get stay set aside, What I think the DJ law was telling us is that he is in agreement with our view on what this sections mean, but that someone has to take the banks to court for taking charges from their account on this count only and not as a part of a small claim to get charges refunded. That way a definative ruling can be made clarifying this grey area. Abbey rep was NOT impressed with a lot of his observations on this subject.

now i feel i want to go all the way and go too the courts about the ruleing of the benefits etc.

 

also the judge said before he started that he HAD read my paperwork and that for his reasons he sympathies with me and ghee i carnt think of the other word he said I think it was respect, what it was i felt he was for me & my hubby and i really thought he was going to lift the stay

he turn to abbey rep and said abbey was wrong at at fault she sat reading the notes and makeing points before we went in and that i thought oh god look at all them etc i looked at stone and bless he looked at me nodded with a smile as much as to say dont worry love we have alot more to go on than her lol

but she didnt point anything out apart from what stone had said but i had to laugh to myself as when but when they were reading the papers that stone gave to them the dj had read and then glanced at the rest and we all sat there waiting for the rep abbey think her name was jen, to finish reading hers she really read most of it as she kept looking at the judge then carried on now n then she would look up at the rep then she just glanced throu the rest and kinda give a sie, so she didnt read the rest as she must have felt embarresed all waiting for her heeheehehehe

we all left at about nearly 3pm so we were in a while with dj law he was smaller than me im only 5 1 with a stretch abbey rep must have felt at a loss well thats how she looked to me anyway

 

wait for it

are you allowed to shake there hands? Judges I mean

well guess what

i held my hand out to shake his hand

he turn to abbey rep and said abbey was wrong at at fault she sat reading the notes

i held my hand out to shake his hand

i wanted to give him a what we call a proper hand shake omg that dont sound write hahahaha

and his hand shake to me you would say it wasnt a genuine one he shook my hand like the queen does finger tips if u know what i mean

yes I shook the judges hand hahahahahahahah

arh well

if i am write he also said he felt that the case want strong enough to have the stay lifted although he sided with me as i only told the truth and that with the oft case being near etc

so all in all it was in fav for me so now I will have to wait for the results of the oft test case if the banks loose then we will be paid if the banks win we all have lost so I guess we are hopeing that the judges will rule in favor that the charges which now the banks are calling fees are not fair

keep listning to the news etc and it will I guess be in the papers so the court cases start on Monday 14th jany for 8 days…………………………..

hugs abg

[abroadgirl]

i now think that all the banks are sending in there reps and barresters for the stay hearings as there were quite afew there yesterday from all the banks lol i had my hearing aids on so i could hear them ghee all the banks are sending in there peeps now rolleyes!

hugs abg

[Castlebest]

Well done abroadgirl!!!, much the same result as the rest of us have received but I bet you glad you went along and saw how things work .

 

pete

[johnnymitch]

That is a good report abg, thanks - pretty much par for the course these days, especially now with the Test Case just days away......I don't think any judge , no matter how sympathetic, is going to stick his head above the parapet ............

But as pete says, the experience will stand you in good stead should you have to go again.