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

Castlebest · September 13, 2007

Send a letter back to DG saying sorry no I didnt get your letter

pete

syds mum · September 13, 2007

would do but cant find their address.. must have got lost in all my other paperwork... must be admin error... laffin louder :D

had interesting converstion with barclays lit team yesterday.. have a look at post 111 in link below...

claim against barclays***WON POST OFT***

debbie xx

Castlebest · September 13, 2007

Honestly Debbi I would get a warrant and send in the baliff... sod them its their own fault.

pete

syds mum · September 13, 2007

they are asking for it arn't they pete!!! anyone would think they are the ones hard done to!!!only got 17 days to get their finger out so think i will give em till monday if not heard owt (which i wont) will be all systems go!!!

i am just working on stopping this judgement being set aside at the mo.. thats on friday 21st sept so takes first priority.. hopfully will be finished over weekend.. is it o.k if i PM you with the results to cast your well trained eye over it?? dont want to put it in open forum just yet!!! you never know whos watching!!

debbie xx

Castlebest · September 13, 2007

No problems Debbi, I'm sure even if Audrey has been kidnapped by a kilt wearing northerner we will be able to sort out what you should do

pete

syds mum · September 13, 2007

AGE sorted me out before she want, bless her... was doing three claims as well as her own and managed to ice and decorate a wedding cake to take with her... she PM me with everthing she found and just sorting thu it at the mo..just got oto put it down on paper... want to make sure nothing missing!!!

thanks will pm soon a its sorted but could be a long one!!!

debs xx

JunkiMunki · September 13, 2007

HI DEBS !!

Had a phone call from Derby Court today with regards to my Default Judgement that was granted by the District Judge on 16th August 2007, I sent this completed form back to court with a letter requesting Wasted Costs of £376 be added to the judgement amount this was sent on the 25th August 2007, I was informed this morning that I would be getting a letter in the post tomorrow with a hearing date as the Yorkshire Bank had submitted an application to have the Judgement set adside, they have asked me to consent to this application, " DO I LOOK AS THOUGH I FELL OFF LAST YEARS XMAS TREE".

The Reason for the Judgment in Default came to be entered because of an ADMINISTRATION ERROR..." YEAH AND I AM THE QUEEN OF SHEBA "..LOL LOL ... I am struggling with this bit of information as the majority of banks within the test case are quoting this specific reason for their default, surley the banking proffession can find administration workers who can work to deadlines and can use their own initiative, or do these banks employ the same robots.......

The letter I received from the YB dated the 4th September 2007 reads as follows :

Your ref : 7DEO2367

Date : 4th September 2007

Mrs M *********

56 ******** ****

*******

Dear Mrs W *******

Jason CH***** V Clydesdale Bank PLC t/a Yorkshire Bank

CLAIM NO : 7DEO2367

I refer to the above claim that you have raised against the bank in which Judgement in Default has been entered. Please note that we are now dealing with your claim and are making an application to set aside the Judgement. Please can you confirm that you consent to the bank making this application.

Judgement in Default came to be entered because of an Administration Error.

You should take independent **Legal advice** or contact your local Citizens Advice Bureau if you are unclear on any of the terms of this letter.

Yours Sincerly

Solicitor -- Dispute Resolution....

IT IS MY OWN OPINION that this is yet another "UNFAIR OBSTACLE" that is being placed strategically in order to prolong the settlements of the claims.

I am appalled at the Audacity of the banks, after blatantly ignoring the Judgement Orders made by the District Judges, and using unfair obstacles right from the beginning of the bank charge reclaims, which is well over a year now.

And after a SIMPLE FEW WORDS "ADMINISTRATION ERROR" , BEING THE EXCUSE GIVEN FOR THE NON COMPLIANCE OF THE JUDGEMENT ORDERS.

As you can see from this letter they are incompetent in all aspects including literacy, the claim no quoted on this letter is my claim no: the name and address is correct, the addressee is correct but I am totally appalled at the next bit * JASON CH***** V ClysdedaleBank PLC t/a Yorkshire Bank

CLAIM NO : 7DEO2367

I am not the person named above, I am of female origin as stated twice within this letter, and to go and bodge it on something so simple as the above mistake clearly questions their abilities and professionalism , this incorporated with their antics and blatant disregard towards legislations surely amounts to an abuse of their fiduciary position, after reading a copy of the "The Banking code"to which most banks are members, have also read an article which states that all members of the BBA, are aware that FUNDS SHOULD NOT BE TAKEN FROM ACCOUTS USED TO COLLECT DIRECT PAYMENTS [bENEFITS]. It is illegal for the banks to take benefits which is what the judge was referring to, this was in a letter from the RT HON. Patricia Hewitt to Ian Mullen Chief Executive of BBA.

Another important piece of information found while browsing was the following, I found the info on the MSE site,

Q] I am currently having financial difficulties, is there any way to reclaim ?

A] The waiver that allows banks to suspend claims does not apply to people who are having financial difficulties, also known as a Hardship case.

Banks will have to conduct a filtering process to ensure that cases of genuine Hardship are still dealt with during the waiver period.

Although there is NO firm definition of what genuine hardship is , it generally applies if you are not able to deal with your debts, for example you have Mortgage arrears and lots of credit debts that you cannot afford to pay back.

If your bank is unable to help, you can also send your complaint to the Financial Ombudsman who will decide if your case can be dealt with before the test case is resolved.

Will leave it there for the moment. but will post all the codes and rules from the banking code booklet, which have not been adhered to, resulting in a breach of the Banking Codes , these I intend to list in a letter of Complaint to the "Code Compliance Officer", the code is also monitored by the "Banking Code Standards Board " you can cotact these if you have any complaint about the general runnning of the code. just a bit of info you might find a use for in some way, will get my date tomorrow and will let you know if red carnations are to be WORN...... lol lol lol shelley xxx

JunkiMunki · September 13, 2007

sorry for the length Debbie but I am chewing at the bit , absolutely disgusted that the banks are still managing to prolong settling the claims, by way of "UNFAIR OBSTACLES" being placed in the way of of these claims.

I am scrutinising every little bit of information I come across for further confirmation, that the majority of banks are all using the waiver, which was agreed by the FSA to their advantage, but are not complying with certain conditions attached to the Waiver.

bye for now gonna have a an observation hour, but it sure looks like I will be burning the Midnight oil again lol lol

Castlebest · September 13, 2007

Junkie it might be worth posting on the main bank threads for anyone who has had this excuse used, if you can get a decent number with case numbers I think it would add weight to your claim that its a crock of sh*t

pete

syds mum · September 14, 2007

morn junki hope you are well... just got to get kids off to school then will be back to digest you post... i am at court in derby on fri 21st to fight a set aside order from HSBC but they have used different reasons!!! will be back soon!!!

debbie xx

syds mum · September 15, 2007

hi junki was working on my responses all day yesterday so had no time to digest yours but read em now.. it is digusting think they can ask for a set aside due to admin error...have notice they havent quoted any points of law with regard to reason for set aside.. have you had anything from court yet!!! (the application?) if you have a look at my application (it is post 122) they go on and on and on... about all CPRs and i have (with a great amount of help form AGE) argued every one of them its just a whole load of legal jargon designed to confuss and stress me.. and then make me scared to respond.. but not on their nelly.. will be at court on friday ... and will fight to the bitter end... they think they can use the test case as a reason to set aside and then stay!!! i will be there with bells on and also a list of costs and hopfully get my judgement upheld..(cos wasnt gonna do costs be am now) i am quite looking forward to it... want my day in court and show them im not scared!!! quite the contrary..

i was supose to be in court with my other claim on 21st as well...that got stayed!!! if you want a peak at my response to they application will gladly pm or e mail them to you but dont want it all on open forum as yet!!!

yorkshire are not in the test case are they?

debbie xx

JunkiMunki · September 15, 2007

Hi there BC,Just been reading your post about "ADMINISTRATION ERROR",

I am claiming from the Yorkshire Bank , started SAR request Dec 2006, On 27th June 2007 the district judge made an order for both parties to comply with. In a nutshell the order was as follows, me the claimnat within 21 days of the order submit 3 x bundle , 1 to YB indexed and pageinated, another copy to court identical to YB's, and then another one for myself, It does state in bold capital letters " If the claimant fails to comply with this order then the claim will be struck out without further order. I complied with my order, after submitting the files the YB then had to file the info requested by the District Judge within 21 days 1 copy to myself , 1 copy to court , and one to be kept by the bank. It was also stated in bold capital letters "that if the defendant fails to comply with the order then the defence will be struck out and the claimant can then enter judgement. the deadline for the Bank was 10/08/07. I had a court hearing date set for August 21st at 2pm syds mum also had a hearing on this date so we were gonna give each other support.

I wrote to court on the 14th August to request that the Judge give me permission to ENTER A DEFAULT JUDGEMENT AGAINST THE YB FOR NON COMPLIANCE OF THE ORDER, THIS WAS granted on the 16th August 2007, I was sent the appropriate form and told to complete and return so the court could enter Judgement for me. I filled the form in and also attached a letter to the form in order to request that the Judge grant me a £376 Wasted costs order to the Judgement, this was sent 25th AUGUST 2007, I had been informed that as the banks had defaulted, the Hearing had now been vacated, this was the same for sids mum. As the court were behind with the claims I was told to give it a week then phone to see if it had been dealt with.

I received the judgement in default dated 13th September 2007, I had received a letter from YB dated 4th September which stated that the YB had made an application to court to have the Judgement set aside, the letter was a complete shambles it had MY CLAIM NO ON IT , THEN HAD MY NAME AND ADDRESS ON IT, THEN STARTED AS FOLLOWS ....

Dear MRS W*******

Jason Chapman v Clydesdale Bank PLC t/a Yorkshire Bank

Claim no : 7d*****

Dont know whose claim had been printed on my letter but it was my claim no; but someone elses claim, "INCOMPETENT" SPRINGS TO MIND LOL LOL

the rest of the letter went like this...

I refer to the above claim that you had raised against the bank in which judgement in Default has been entered. Please note that we are now dealing with your claim and are making an application to set aside the Judgement. Please can you confirm that you consent to the bank making this application.....[DO I LOOK STUPID OR WHAT????????],

It then stated " JUDGEMENT IN DEFAULT came to be entered because of an administration error.... [ dont be so stupid YB] excuses excuses excuses.. BULLS**t Bulls**T, full of BULLS**T, I know the HSBC have used this as their excuse and so have a few more , if it was an admin error then WHY have they not contacted me or the court with regards to this. I received the Judgement default, a wasted costs application form which the judge had requested I use for the wasted costs, and a copy of the YB's application, I had been given 27th September for the hearing @ 11.30, this was stupid as the month before the court had vacated the hearing date due to the default by the YB , on the application notice they have ticked to have the application dealt with without a hearing, by a district Judge, the judge had already given me a hearing date ........ Part A . The defendant intends to apply for an order that in accordance with CPR Part 13.3 the judgement dated 16th August 2007 to be set aside.

Part B .

WE wish to rely on " the attached witness statement" this was signed by L Cullen applicants solicitor.. part C was a statement of truth signed by Lyndsey M Cullen 4th SEP 2007.

I turned the page and read as follows ;;;

The Background

4] I refer to a copy of the statement of Nicola ALEXANDER [ "Mrs Alexander] PARALEGAL for the defendant dated 4th Sept 2007 page 1 sets out the reason WHY judgement in default came to be entered in this action.

5] It is clear from Mrs Alexander's statement that the bank had failed to respond to the court's order of 27th June 2007 due to an administrative error[ POPPYCOCK COMPLETE POPPYCOCK].

The Application.

6] The defendant requests that this Honourable Court sets aside Judgement upon the following grounds :

[a] Judgement came to be entered as a result of an administrative error for which the defendant apologises. [APOLOGIES NOT ACCEPTED ]

The defendant considers that it has a real prospect of successfully defending this claim. The defendant has therefore enclosed a copy of the banks defence copy of which is attached at pages 2-6 of LMC 1

7] In light of thr information contaned at paragraphs 9[a] and of this startement I submit that the defendant has satisfied the criteria of 13.3[1] in that the defendant has a real prospect of successfully defending this claim as shown by the defence [pages 2-6] signed L Cullen.

On the 27th June2007 the court ordered the claimant to set out each and every charge showing date , amount reason, and all documents to be relied upon. THE CLAIMANT COMPLIED WITH THE ORDER.

The bank however, failed to respond to the claimants lettert due to an administrative error in recording the date upon which the response was required. The bank apologises for this error [ NOT ACCEPTED].

AFTER receiving my bundle the Bank was allowed a further 21 days to submit the info requested on the order by the judge. so what are they dribbling on about when they state failed to respond to the claimants letter due to admin error in recording date which response was required.

The lady here states she has worked for the bank for 6 years as a paralegal within the legal services dept Glasgow, WELL you should hang your head in shame for the amount of mistakes that I have come across, and the poorest excuse ever made to your blatant disregard to the Judges Order, had this really been a genuine error, then surely you would have contacted either myself or the court before now.

It

JunkiMunki · September 15, 2007

Hi there BC,Just been reading your post about "ADMINISTRATION ERROR",

I am claiming from the Yorkshire Bank , started S.A.R - (Subject Access Request) request Dec 2006, On 27th June 2007 the district judge made an order for both parties to comply with. In a nutshell the order was as follows, me the claimnat within 21 days of the order submit 3 x bundle , 1 to YB indexed and pageinated, another copy to court identical to YB's, and then another one for myself, It does state in bold capital letters " If the claimant fails to comply with this order then the claim will be struck out without further order. I complied with my order, after submitting the files the YB then had to file the info requested by the District Judge within 21 days 1 copy to myself , 1 copy to court , and one to be kept by the bank. It was also stated in bold capital letters "that if the defendant fails to comply with the order then the defence will be struck out and the claimant can then enter judgement. the deadline for the Bank was 10/08/07. I had a court hearing date set for August 21st at 2pm syds mum also had a hearing on this date so we were gonna give each other support.