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

[freakyleaky]

Hi sm. Me good ta!

I always think to much rather than not enough when it comes to info for the judge. The new poc's are just a bit clearer so I would take them if you have to go.

If you get judgement then you won't have to go anyway I don't think!

[syds mum]

Thanks love keep everything crossed then for judgement... will keep you posted!!! i have been reading lots of threads but not found any that are at my point!! lots with stays applied for before DGs deadline for directions but not any that are at judgment...so feel a bit out there at mo cos no one knows what will happen yet!!

 

all good fun!!

 

debbie xx

[freakyleaky]

Just got to think positive! As you say it's the not knowing that makes it worse. Have a read of the latest announcement from the mods regarding the oft hearing.

[syds mum]

yeah read em all as they get posted... dont get me wrong still positive.. just not knowing.. generally if i dont know next stage someone on here knows!! but we all just waiting for result over next couple of weeks then will get a better idea of whats to come... as long as we all keep everyone else informed we will win the war!!!

 

 

debbie xxx

[freakyleaky]

Oh I think we will definately win the war! Just got to try and limit the ammount of deserters during the lulls in fighting! The more people that keep claiming the better! Even if every one gets stayed the likelyhood is that the banks will have to pay in the end and with 8% from the date of the claim it will turn the claims into heafty payouts even if they are allowed £5 per charge.

Power to the people!!!

[syds mum]

hi all just rung court regarding judgement entered last week... was told they are NOT SURE what is happening cos of test case no surprise there then!! but what bugging me is that the date DG had to comply with directions was 1st AUG.. so they had no intention of complying with directions, if they had, would had to have been in post to be delivered on time!! and cant argue that the test case is reason for non compliance!!! they didnt know till test case was annouced (we all know they know way before) bit tight to say they were not taking the P**S re judges directions!!!

will know tommoz afternoon if judgement has been granted if i have to go to court do i need something to argue said point re no intention of compliance!!!

 

debbie xxx

[Noddy73]

Guessing this was a final hearing. Have you requested a judgement by default N224 or N227. If not fax one to the court NOW.

 

DG do not play nice and fair, why should we.

[syds mum]

hi noddy yes filed for judgement last week due to non compliance of judge directions and requested immedate payment if judge granted it.. but not been seen by judge yet... what botheres me is that court seems to have given priority to DG by allowing stay to go thru before my judgement!!! they had nothing from DG when i took judgement down last thurs so i got in first defo... dont know where i stand with regard to objecting to the court allowing this to happen!!!

debbie xxx

[syds mum]

Bump

[Noddy73]

Make sure you include this into your removal of stay request.

[syds mum]

i have 2 claims firstly...my hubby's

ok then DG have sent me a letter on friday 10th aug saying " we believe charges are legal, fair and transparent since your claim in court HSBC has now become involved in legal proceedings with OFT...bla bla.. so on... think everyone has had this... BUT i have asked for strike out on hubby's claim as they did not comply with judge directions... been on phone to court since last wednesday trying to find out if judge granted strick out and judgement yet!!! they still havn't got to it yet... judge had it last thursday 10th aug... but dont know result yet!!! fed up cos cant seem to get answer from court been nearly 2 weeks now.. got hearing next tuesday (21st Aug) dont know weather will have to go or not... lady at court did say my case is different to all others as strick out was asked for first and of course barks have not complied with directions... so have defaulted!!! but she cant say what judge has decided to do .. in limbo again!!!" do i need to have ready removal of stay for hearing??? just in case they have got it in... i personally think its not possible as i was there first but i dont know the law!!!

 

x~x~x~x~

claim 2..

regarding my other claim with HSBC i have had a letter of stay from court...

upon reading the file and upon it apperring that the issues in this case are to be considered by the commercial court in case number 2007 folio 1196.

 

on courts own initiative...

 

it is ordered this case is stayed...

 

1. This case is stayed with immediate effect pending the final determination of the casein tthe commercial court. ANY LISTED HEARINGS IN THIS CASE ARE VACATED AND WILL NOT TAKE PLACE.

 

2. Either party can apply to court to lift stay. Any application must be served on the other party and be supported by evidence why the case should proceed before the determination of the commercial court case.

 

3. Unless the court has given directions in the meantime the defendant must apply on notice to the court for directions not later than one month after the determination of the commercail court case.

 

4. This order having been made on the courts own initiative, either party may apply to vary or revoke it provided the application is made no later than 7 days after service of the order together with the appropriate fee.

 

5. Explanation. The very many cases about bank charges that are being brought raise issues of principle that need to be decided by the high court, in particular whether bank charges that have been paid can be recovered because the contract with the bank imposes an unlawful penalty, or because the terms of the contract are unfair and infringe legislation. The office of fair trading and several banks are co-operating to have the major issues that arise in many of the cases decided by the high court. The commercial court decision should be known by February 2008. It is, therefore, appropriate for this case and many other cases to awiat the decision of the commercial court.

 

can someone explain this in lamans terms as not sure what to do re.. removal of stay... cos if only got ot wait till feb doesnt seem to bad or have i got this totally wrong?

 

 

 

debbie xxx

[syds mum]

I am fuming....

 

have had court on phone with result of judgements... the judge has refused to strick out/judgement as the defendant has claimed their is no evidence that i sent them the SOC AS DIRECTED BY JUDGE... i sent them all RECORED DELIVERY AND THEY HAVE BEEN SIGNED FOR....whats gong on???? is this more delaying tactics... will have to go to hearing now on 21st and argue this on the day!!!! need some advice!!! hubby cant get time of work so will have to go for him but court told me the judge may not let me speak on his behalf!!!!

 

HELP

HELP

HELP!!!

[Noddy73]

I would

 

1. Send letter to DG with copy of the evidence saying they received the court bundle. Ask them whether they have lost your bundle.

2. Letter to judge. Explain the situation and include your letter to DG. Ask him politely to reconsider or that the Judgement by Default be discussed at the hearing before any other matter.

 

DG are either playing the game or lost your bundle. If they have lost your bundle you could consider how this could effect you (bank statements identify fraud) and complain to HSBC & DG. Then further compliant to ICO.

[syds mum]

hi noddy it wasnt a bundle judge only directed for SOC... sent with covering letter to both DGs and court... not got letter form court yet to see exactly what judge said but court lady read out on phone..." strick out refused as on evidence to prove claiment sent to defendant..." will post said letter on here when i recieve it!! what do you mean by send DG copy of evidence??? i assume the recorded delivery reciept??? and do you mean send same stuff again??? eg SOC and origanal covering letter???

 

debbie xx

[Noddy73]

I am guessing you sent them recorded delivery.

 

Evidence

Send DG a copy of the recorded delivery receipt (red / orange paper from post office) and copy of receipt of delivery (go online to www.royalmail.com and track your delivery / get receipt of delivery)

 

If you have proof of delivery ask them why they have informed the court they nevered received it.

[syds mum]

i will as soon as i get it sent to me... just occurred to me if you read back to my directions (post 35 on my tread) it says "if claiment fails to comply" if i had indeed failed to comply then why have they not asked for it to be struck out??? something is very wrong here!!!!

[syds mum]

had time to think about this.. lady at court said... "strick out rejected as claimant has not provided evidence regarding SOC!!!!" now need to clear this up i have had 3 claims (2 barclays and 1 HSBC) all being dealt with at same time so everything i have done as been on same day.. ie posting stuff... typing out and deliverys..etc... the lady at court said that 2 of my cases (1 HSBC and 1 Barclays) have not received said evidence!!! (was directed to send SOC so think thats what she means) and the other barclays claim.. claimant has sent SOC to court but defendant has not received it... NOW everthing has been sent recored delivery and has been delivered (checked on royal mail site)... i have a problem cos everything i sent to court went in same envolope!!! so if they have got 1 they must have the other 2... i think they have opened envolope and seen claim number and just put it all in relevant file hence why the other 2 claims havent got SOC inclued!!! what do i do??? cos if it is administive error the judge has ruled agaist strick out, the person who filed everything (and im right regarding all SOC in one file) is in for a roasting... i dont trust that they will put their hands up!!!

 

WHAT DO I DO....

[syds mum]

Bump

[freakyleaky]

you must point this out to the court. if you have put the individual claim numbers on the relevant documents then they will be able to spot it if they look in the file ( if there is 3 files in your name then the information will be in one of them).

Ring the court and just explain what you think has happened and ask them to check all files in your name as you have proof that the documents were sent and you think a clerical error has been made.

[syds mum]

HI FREAKY was gonna do that but then thought that maybe cos the judge has ruled already that they could simply dispose of said documents to save face if you follow me just dont trust them!!!

[freakyleaky]

I understand your paranoia but I don't think they would destroy case documents just to save face. I am sure that would be illegal!

It's worth a try!

[syds mum]

thinking of going to court and asking to see my file are you allowed to look at your own file!!!

[freakyleaky]

Not sure on that but as it is all public information and you have sent most of it in I don't see why not!

Take some id with you and all relevant numbers!

Let us know how you get on!

[syds mum]

will do love thanks

 

debbie xx

[JunkiMunki]

Hi there syd's mum,

Junkimunki ere, have got my red carnation ready for Tuesday 21st, I am claiming against the YB as you know, but on Tuesday I took a letter into Court personally to request that the Judge allows me to enter a default judgement upon the YB[yellow bellies] and my reasons for wanting to do this, I am hoping I receive something this morning as time is clicking fast. In the Judgement Order made on the 27th June 2007 by Judge Butler it stated the following directions ;

1] The Claimant shall within 21 days of service of this order send to the defendant and to the COURT

 

A] A schedule setting out each charge repayment of which is sought, showing the account no: date amount and reason if any for the said charge being made

 

b] A Statement of evidence, if such is to be relied, in support of the claim together with copies of statements or other relevant documents.

 

IF THE CLAIMANT FAILS TO COMPLY WITH THIS ORDER, THE CLAIM WILL BE STRUCK OUT WITHOUT FURTHER ORDER.

 

2] The defendant shall within 21 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 chsrge was made, and producing a copy of the contractual document to be 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 a 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 of this 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 MAY ENTER JUDGEMENT

3] THE ORIGINAL DOCUMENTS SHALL BE BROUGHT TO THE HEARING

4] tHE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT BEFORTE THE HEARING DATE.

 

I complied with the order set and hand delivered my bundle to court on 17th JULY 2007 just managed to get there with 5 mins to spare, then went to post office to post the bundle to Yellow bellies, post office does not close until 5.30, or so I thought, but post actually goes at 5 counter open till 5.30 then was told wed half day closing so would not arrive at YELLOW BELLIES TILL Thursday 19th [really sweating by this time], then due to my calculations 21 days from my deadline 27th June +21 days = 17th JULY ,COURT BUNDLE OK BUT YB LATE AS WOULD NOT GET UNTIL 19TH, SO IN VIEW OF THIS i WAS GENEROUS AND GAVE THEM 2DAYS EXTENSION FOR MY BUNDLE WHICH MEANT DEADLINE DAY 4 COURT = MON 6TH August, and to me would be= wed 8th AUG, NOTHING RECEIVED BUT WHEN I CONTACTED COURT IT WAS CLARIFIED AS TO HOW THEY DEFINE DEADLINES ORDER DATED 27TH JUNE = 2DAYS GIVEN TO SERVE THE DOCUMENTS = 29TH + 21 DAYS = FRIDAY 20th so I was not late with their bundle [phew chill pill digested] so 21 onto 20th = 10th AUGUST WHICH ACCORDING TO courrt nothing filed by YELLOW BELLIES SO HAVE DEFAULTED THE ORDER, I DID HOWEVER GET A LETTER ON THE 8/8/07 WHICH WAS DATED 31/07/07 1ST CLASS POST TOOK 8DAYS TO ARRIVE NO STRIKES IN THIS TIME AND WITHIN THIS LETTER IT STATED NEAR THE BOTTOM;

You should be aware that the bank will be shortly applying to the court for an order to stay [put on hold] YOUR claim until the resolution of the High court case, but having spoke to a charming young man at court I was assured that in order for them to do this they must go b4 the court which they had not done as yet , so as the deadline for the order had passed they had actually defaulted on the Judgement order, and that my case was still going ahead even got the wrong address on the letter IMPRESSIVE TO SAY THE LEAST SO MY FRIEND i WILL SEE YOU THERE WITH YOUR GLAD RAGS ON AND A WHEELBARROW TO WHEEL YOU HOME AFTER CELEBRATIONS HAVE DONE [ LOL LOL LOL ] AND ONE LAST POINT I HAVE JUST BEEN UP ALL NIGHT TYPING A VERY STRONG LETTER TO THE HSBC [HAPPY *******NG BENEFIT CLAIMANTS] THIS I HAVE MENTIONED TO THEM IS THE PROPER ENTITLEMENT FOR THEIR INITIALS ..........CLICK MY SCALES FOR THIS LIGHTER GESTURE TO THE HSBC ....... JUNKIMUNKI XX