Mrs EliseDriver -v- HSBC

[elisedriver]

Following on Elisedriver -v- HSBC, we're mid process in doing my other half's claim

 

16th May 2007 : Initial Request for approx £2000

24th May 2007 : Default template of looking into it received from HSBC

30th May 2007 : Letter before action sent - including interest charges

14th June 2007 : N1 filed

28th June 2007 : Intention to defend received (1 day later) from DG Solicitors

16th July 2007 : DG Solicitors fail to submit defence on time

16th July 2007 : Letter sent to DG Solicitors to nudge about defence and give them 48 hours to submit - or else we apply for default judgement

17th July 2007 : Receive letter offering 2/3 settlement direct from HSBC

17th July 2007 : Letter sent to HSBC declining offer and referring to on going legal procedings

 

** explanation of why we're not filing for judgement in default straight away**

 

As some of you may be aware, I was awarded judgement in default against Abbey - which they subsequently applied for to be set Aside. S****horpe County court is aware of the banks method of delaying payments by purposefully not filing and then applying for a stay. In the letter that I sent to HSBC, it states the above and also states that DG Solicitors defence is the same templated 5 paragraph letter than takes no preparation time. If they truely intend to defend, then they could have this filed within 24 hours. This way when they apply for a judgement to be set aside, then they have no claim to administrative errors, strengthening the case for Abuse of Process.

 

I'll let you know how this one turns out.

[elisedriver]

Well it appears that the bank did actually managed to get a defence into S****horpe County Court after all - but did in fact forget to send us a copy.

 

SO... we've just received an AQ questionnaire from S****horpe. Which is VERY unusual as S****horpe until now have been doing away with them.

 

Therefore, we've filled it in as per instructions on this site, and for section G attached a number of extras.

 

First of all, our section G text :

 

Section G - other information

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per either of the two attached draft orders. The first of the attached draft orders is in common use across the vast number of claims against banks, where as the second draft order has been used specifically in a number cases involving HSBC Bank Plc in the S****horpe County Court. (For example, case 7SC00348 )

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

Then.. as all the other examples of here, the standard copy of a draft order for directions. BUT, then as per my seperate Section G suggests, I've also enclosed a S****horpe vs HSBC killer example of a draft order...

 

1. The bank shall provide the claimant with

1.1. Copy statement for the account(s) in question for the period of six years prior to the issue of this claim.

1.2. a summary of the charges levied during the six year period in question by type ego "unpaid direct debit" (to be copied to the court).

1.3. details of the total amount of interest charged during the six year period in question (to be copied to the court ).

1.4 copies of all tariffs published for the accounts in question between April 2000 and the issue of the claim (to be copied to the court).

This information shall be provided by 20th August 2007

 

2. The defendant bank shall recalculate the accounts in question applying £4 an event (and no more than one charge on event) in place of the sums actually charged. In this recalculation no charge shall be made when the account is within it's credit limit, and the interest shall be recalculated as appropriate. Once recalculated the defendant shall provide the claimant with revised

2.1 statements

2.2. summary of charges (to be copied to the court).

 

2.3. interest total (to be copied to the court).

This confirmation is to be made available by 27th August 2007

 

 

3. Nothing in this order commits the Court to assess the defendant's charges at any particular amount.

The Court also Directs:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 20th August 2007 (These should include the letter making the claim and reply).

The original documents must be brought to the hearing

The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

The Claimant and Defendant shall file at Court AND serve on the other side their statement and witness statement with their copy documents. Witnesses should attend the hearing.

NOTE: Failure to comply' with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before hearing.