Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Letter from bank ref OFT test case received today

    Not sure if other HSBCicon customers got this as well, but I got a letter from them today regarding the OFT test case.
    (I have a claim against them for just under £1000.- which has been stayed)
    The letter apparently is supposed to give me an 'update' and HSBC is pleased to tell me that the court has decided their overdrafticon charges are not unenforceable penalties, but are merely assessable for fairness under the Unfair Terms in Consumer Contracts Regulations which the banks will appeal. A new timetable will be set apparently in July and they will ask the court to keep my claim stayed until the test case has been concluded.
    At this stage it is not possible to predict when the case will be concluded.

    All in all it sounds a bit as if they are trying to rub it in a bit and are saying "ha ha... you'll have to wait for ages. Why not give up now."

    Quite annoying.

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  2. #2
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    Default Re: Letter from bank ref OFT test case received today

    Interesting if that is their strategy. They wouldn't be sending out those letters for the good of their health would they?

    I can't believe that anyone with a stayed case would go to the trouble of dropping it at this stage though. It's more effort to do that than just wait isn't it?


  3. #3
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    Default Re: Letter from bank ref OFT test case received today

    Of course, it's racking up interesticon nicely and I can wait all the time it takes.
    I have just filed their letter and will ignore it, but I find it quite cheeky what they are doing.
    Actually it really annoyed me.


  4. #4
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    Default Re: Letter from bank ref OFT test case received today

    Funny that...........

    I had a letter from Abbeyicon today saying exactly the same thing!

    I found it quite patronising, and it annoyed me also, especially the line that says

    "The banks are pleased that the court agreed that their current charges are not unenforceable penalties."

    Of course they are bloody pleased - they hastily rewrote the T&C's in the run-up to the actual case, in the hope that this would be the outcome.

    But I don't care about that - our cases are based on the OLD T&C's, and their Defence is based on the same. So I sincerely hope that the penalties issue on historic terms goes our way next month.

    The other thing that really, really annoyed me - the judgement was handed down in April, but they are only writing to us today? Do they think we are all so dumb that we haven't been following the case? There is NOTHING in that letter that we didn't already know.

    Supercilious barstewards

    (Rant Over!)


  5. #5
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    Default Re: Letter from bank ref OFT test case received today

    Yes I too have received the patronising Abbeyicon later today. What made me laugh was the fact that it was signed at the bottom with just "ABBEY" in a handwritten signatureicon !!! Talk about the personal touch - what a joke.


  6. #6
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    Default Re: Letter from bank ref OFT test case received today

    Yes, I received one of these annoying letters from HSBCicon, I am just wondering if this goes against the judge's instructions that cases will be stayed until the conclusion of the test case, on the provision that the banks are not allowed to communicate with claimants.

    Not sure if the communication had to be specific to amounts being claimed or just communication in general. After all this is the first communication I have had from HSBC or any of their associated companies such as DG Solicitors or Metropolitan Collection Services in 10 months.

    Does this letter from HSBC constitute unwarrented and unnecessary communication and is it worth asking the judge to lift the stay?

    What ever happens, I am making a note to write a similar annoying, gloating and unpleasent letter to HSBC when they have to repay the huge amounts of money that they owe us.


  7. #7
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    Default Re: Letter from bank ref OFT test case received today

    Well one of the conditions for the waivericon to remain in place was the banks HAD to keep customers up to date with the test case.
    Saying that another one was they were not to make any changes to their T&C's which would be seen as an abuse of power, how many banks ave changed these?


  8. #8
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    Default Re: Letter from bank ref OFT test case received today

    Similar letter from Natwesticon received yesterday

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for £312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court

  9. #9
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    Default Re: Letter from bank ref OFT test case received today

    Similar letter from HBOSicon yesterday for my sisted case and the same letter to my son for his which was settled before court case last July,they must have forgotten they had paid him out LOL .Think I might send a letter back reminding them that.


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    Default Re: Letter from bank ref OFT test case received today

    GF got a similar letter from RBSicon back end of last week. The nice shiny spin they put on a loss to make it look like a victory was really quite amusing

    skb

    Victory over Lloyds £890 Click!
    Victory over Vodafone: default removal click!
    Victory over Lloyds PPI claim £2606 click!
    Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)
    The GF's battle against RBS click! stayed awaiting the end of the world

  11. #11
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    Default Re: Letter from bank ref OFT test case received today

    Quote Originally Posted by Bigmac versus View Post
    Well one of the conditions for the waivericon to remain in place was the banks HAD to keep customers up to date with the test case.
    I've had chuff all from Barclaysicon, I wonder if this would be grounds to get the stay lifted?

    23/02/07 Request for payment sent (hand delivered to my local branch)
    08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received
    13/03/07 Letter before action sent (hand delivered to my local branch)
    27/03/07 Partial offer of £1255 received
    29/03/07 MCOL submitted

  12. #12
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    Default Re: Letter from bank ref OFT test case received today

    Well no one had anything till roughly 10 days ago, complaints were made to the FSA regarding this very issue some 7 weeks ago and again 3 weeks ago, coincidental if nothing else but what about the T&C's that have been changed since the waivericon was put in place.


  13. #13
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    Default Re: Letter from bank ref OFT test case received today

    I too got the same letter from DG solicitors for HSBCicon. They are also threatening me with court case as HSBC decided "not to renew " my £2500 overdrafticon facility, giving me one month to pay it back. I've negotiated some temporary repayment schedule with them but am so cheesed off with them have got another account, but wonder if anyone can give me a little advice about the wisdom of this ...

    1. Will it damage my case if I close my account? I was one of the Cardiff many whose cases were stayed a couple of days before our hearing.

    2. Can they remove my O/D facility when the case is stayed - the overdraft if less that the charges I am claiming, let alone the interest etc.

    Any thoughts gratefully received


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    Default Re: Letter from bank ref OFT test case received today

    I've received the letter from Barclaysicon. Should be replying in any way to the letter? I've changed address since beginning the claim and, although I've updated the address on my account the letters regarding the claim are still going to my old address.

    I guess I could send them a letter reminding them of my new address and confirm I received their letter and look forward to receiving further updates?


  15. #15
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    Default Re: Letter from bank ref OFT test case received today

    I received one of these letters the beginning of June. However, I continued with my time schedule and filed at the court. HSBCicon's solicitors DG advised they would be defending so I thought things would go ahead. I received the Allocation Questionairre, completed it and paid the fee.

    I then received another letter last week from HSBC saying they would be asking for a stay in line with the Judge's rulings and repeating what they had said in their first letter.

    I received notification from the court yesterday that a stay had been granted.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
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    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  16. #16
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    Default Re: Letter from bank ref OFT test case received today

    same happened to me i am one of the older bank charge cases Abbeyicon have removed all overdrafticon facilities from my account to and are being really award with me i hope it goes throu then they can kma


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    Default Re: Letter from bank ref OFT test case received today


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    Default Re: Letter from bank ref OFT test case received today

    I had one from Barclaysicon waiting for me when I got back from Le Mans... this week I got hit for £90 in charges - yet I can't act on them - why do the government let this nonsense go on???


  19. #19
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    Default Re: Letter from bank ref OFT test case received today

    Quote Originally Posted by ss_collins View Post
    why do the government let this nonsense go on???
    Because it is quite wrong for the government to become involved in the judicial process.


  20. #20
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    Default Re: Letter from bank ref OFT test case received today

    Quote Originally Posted by Aequitas View Post
    Because it is quite wrong for the government to become involved in the judicial process.
    Unless it suits them of course

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