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

[syds mum]

thanks to both of you... you know how it is you start to panic when court papers are flying round and you know it has to be just so!!! have sent in schedule of charges with all info on so should be o.k!!! the other thing is on my directions it is asking for schedule and statement of evidence (see tread on here with my directions on) i have saved all court bundle links from here but it seems alot of paper... do i need it all???

[freakyleaky]

Fraid so SM! Round about 200 pages per bundle!

[syds mum]

hi freaky... i havnt had to do AQ (but still had to pay £100) and was looking at post 15 that lateralus left for me on this tread... is this just for AQs or part of standard court bundle??? you see i also have copy of lottes statement of evidence and that doesnt look as long??? can i use this one or do i need both?

[freakyleaky]

You only need one statement of evidence. You can post it up to get it checked out.

 

Sorry is what just for aq's? Post 15 is a whole book!

[syds mum]

sorry freaky i have sussed it now i think... post 15 on my tread is new stategy for AQs... but included in that is a statement of evidence... just had to look in right place (ie post 55 in new stratedgy).. so only need one statement of evidence but loads to support it??

[freakyleaky]

Yes you got it. In your SOE you say you are relying on this that and the other so you have to make sure you have everything you have said you have got! If you follow me? And most of that is the basic court bundle!

[syds mum]

yes got love... think im gonna use lotte's SOE gonna give it another good read and check i have everything!!! its great how once you get it straight in your head how easy it is!!! and also once you find what you are looking for its all in one place with just the click of your mouse!!! thanks for your help and watch this space... success story on the way!!! :)

[lateralus]

 

The following directions apply to this claim:

 

1) The Claimant shall within 21 days or service of this order send to the Defendant and to the Court:

 

a) A schedule (unless one has already been sent to defendant and to the court) setting out each charge repayment of which is sought, showing account number, date,amount and reason ( if any) for that charge being made;

 

b) A statement of evidence, if such is to be relied upon, is surpport of the claim together with copy statements or other relevant documents.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

ok those are your directions - within 21 days of the letter - you must send a schedule showing what it says to the court and to dg and also a statement of evidence......

 

that post 15 is three different statements of evidence - showing you how to make them personal - by changing dates, charges, and anything that makes it relate to you.

 

this must be sent to the court (and dg) - i'd have sent them together - with a note - saying as per the directions received by the court i am sending ...... and .......

 

did you already send the schedule? i'd send them both together with a cover note and don't miss that 21 days from the letter as your deadline.

 

 

 

freaky you are a very cheeky monkey!

[syds mum]

anybody there??? very excited!!! i have just recieved my hubbys court date!!!(21st august) and get this the judge is only directing for a schedule of charges!!!! no bundle! nothing!!! nowt else!!! aside from the obvious, does this mean anything bad for us??? or is it how i suspect they are inundated with trees!!! (paper) and just fed up with it all???

 

 

have posted directions below so you can all have a read!!! as anyone else had these directions (derby court)

[syds mum]

here are the directions:

 

1) the following directions apply to this claim:

 

2) The claimant shall provide within 14 days of service of this order send to the defendant and to the court:

 

A schedule (unless one has already been sent to defendant and court) setting out each charge repayment of which is sought, showing the account number, date, amount, and reason (if any) for that charge being made.

 

If the claimant fails to comply with this order, the claim will be struck out without further order.

 

3) the defendant shall within 14 days thereafter file and serve a witness statement in response to the claimants schedule, stating in respect of each item claimed:

 

a) pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b)whether such charge is accepted to be a penalty, and if not why not;

 

c) if such charge is alleged to be pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

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.

 

4) the court must be informed immediately if the case is settled by agreement before the hearing date.

 

 

now i may be getting a bit excited for no reason but it seems to me that this is all GOOD! GOOD! GOOD! we have 2 claims with barclays as well and they are the same as above!!! someone please share thoughts with me can't contain myself... gods knows how i will feel when they all pay up!!!

[Castlebest]

Yes that looks good to me,

 

Think its worth a phone call to the court to make sure they havent misplaced your shedule of charges or if the judge had a problem with it, it doesnt read like that but I'm wondering why hes asked for this.

 

DG have a lot more work to do to comply with their directions you will get an offer before they are due to submit this and if you dont you can ask for the defence to be struck out on the grounds of abuse of process.

 

pete

[syds mum]

goody Goody Goody... Only Recently Sent Soc In So Not Worried.. But Gonna Send In A Revised Schedule.. But Did I Need To Update It With Interst Up To Date Or Just The One I Did Back In March?? Regarding 8% Interest.. Im So Happy Today No More Printing Masses Of Paper Work!!!

[Castlebest]

The schedule you sent to the court when you filed your claim and show the additions of your court filing and alocation fees and the xx pence per day since filing in your letter to give a total to date.

 

pete

[syds mum]

you there pinkdutchess??? have you read my directions posted above regarding other hsbc claim and 2 barclays claim... judge only directed me to provide SOC!!!! how great is that!! has anyone else only been asked for these??

[Castlebest]

This one

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/104296-going-court.html

[pinkduchess]

looking good for you syds mum.

 

fingers crossed

[Castlebest]

and this one

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/104704-hsbc-general-form-judgment.html

 

pete

[syds mum]

the courts are getting fed up at last!!! trouble is will DG be able to get all monies owed to pending claims they have at mo and with these new directions coming thu now will be even more swamped with a need for swift payments.. not our prob i know.. but still may need something new to make sure people dont slip under radar!! just have to keep on top of timescales etc!!!

[syds mum]

castlebest...just had a look at that tread you left regarding chris' directions and he still has to provide statement of evidence!! or have i missed something!!

[Castlebest]

yes I think he needs a statement but its still not a bundle, Lattie has all the info on that I will do another post

 

pete

[syds mum]

thats why this site is a must when reclaiming... every one can watch everyone elses back!!! still a newbee but getting really into it and driving hubby mad as he cant get near pc!!! its addictive!!! but essential!!

 

debbie

[Castlebest]

yes we all make mistakes and I'm the first to admit im not perfect. as long as everyone add's their bit we will keep going in the right direction.

 

pete

[syds mum]

only reason i picked up on it was cos you were busy with about a trillion other people on a trillion other posts and i just had mine to watch!!! keep up the good work pete!!! dont know how you keep up with everybody!!!

debbie

[Castlebest]

Type first think later

 

 

pete

[syds mum]

hi there all... been waiting for everyone to sign on.. got my directions from court today for hubbys claim plus 2 claims for barclays... judge only asking for SOC... so dead chuffed!!! see post above for directions i have copied.. judge asking banks for everything still... that should wake their ideas up...

thoughts please...