Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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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.

£19.99 + £1.50 (P&P)


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Thread: HFC again

  1. #21

    Default Re: HFC again

    Gracious, such a long time since the above post.

    Successfully sent my POCicon and filled in questionaire and received theirs back.
    Yes I did sent it recorded delivery and part of their POC seems to indicate that they had not read mine as it states my claim is statute barredicon as more than 6 years have expired and I went straight to legal proceedings without engaging with them. Oh really..............

    .... It also states I have not disclosed any reasonable grounds for my claim as it fails to comply with requirements of CPR 16.2 and/or 16.4.
    Should I be looking at this last bit and what does CPR stand for.

    They have also written to me saying to stop wasting any time I should discontinue my claim with each party bearing its own costs.
    I am thinking this is just a standard letter.

    last week was the deadline with aqicon so just waiting for court to be assigned as HSBC have agreed it can be my local court.
    Not too long to go now then.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  2. #22

    Default Re: HFC again

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  3. #23

    Default Re: HFC again

    Some time ago I was advised by them that my claim and rights of action are being transferred to HSBC UK using a court sanctioned scheme.
    Hight Court hearing is the end of next month so it's all on hold then whenever then.

    Am I right in thinking this is not likely to result in my claim being kicked out of court.
    Was transferred to my local court just before this letter arrived too.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  4. #24

    Default Re: HFC again

    Notice of Allocation next with the court directions and trial date

    We could do with some help from you

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  5. #25

    Default Re: HFC again

    Well finally I have a court date and will be paying further court fees and getting my court bundle to relevant parties next week.
    Apart from correspondence, T & Cs, bank statements do I need to print out the legal pronouncements I will be relying on given that I have gone back over 6 yearsicon as well as Sempra Metals or are these not necessary except when I turn up on the court date.

    I did offer to settle with a few hundred off the total but they have not responded to my 2 week deadline. Ahh well, if you don't try.....................

    Would the judge be pleased if I put a numbered contents sheet at the front of my bundle? Thanks for taking time to read this.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  6. #26

    Default Re: HFC again

    yes number logically
    you can refer to the ruling/past cases etc.
    I don't think you would need to inc [if large ALL of the old case notes] but certainly the sections you rely upon.

    see what andy thinks
    those ruling are quite well known in these cases.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  7. #27

    Default Re: HFC again

    Responding to your PM.

    Does the court directions ask you to submit a statement as well as disclosure ?

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



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  8. #28

    Default Re: HFC again

    it only asks for original documents and witness statements which of course do not apply for my claim. Having read it again I don't have to get my documents to the court etc for another month.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  9. #29

    Default Re: HFC again

    Yes it does - ' ....... must include the statements of all witnesses (including the parties themselves.)' Rushing too much. Keep breathing

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  10. #30

    Default Re: HFC again

    All claims involve each party submitting a statement in support of their claim/defence...which then in turn affects your disclosures...because you will have exhibits referred to within your statement that will become part of your disclosure list.

    In short you cant complete your disclosures until you have finalised your statement.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



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  11. #31

    Default Re: HFC again

    So it is really a statement referring to the rulings I am relying on and using my documents and their responses to back it up? Is there a previous claim you recommend I look at to make mine comprehensible. I'm thinking it doesn't have to be book length

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  12. #32

    Default Re: HFC again

    What date must you exchange statements by ?

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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  13. #33

    Default Re: HFC again

    The deadline on the documents is the 21st.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  14. #34

    Default Re: HFC again

    So you have time yet to receive the defendants statement which would give you a heads up on the points of law they will rely on and you can can counter respond their arguments.

    Make a start on your statement but allow for changes should you receive theirs in time.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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  15. #35

    Default Re: HFC again

    Well I didn't receive anything from them and we are in court on Thursday. I have rung the court to advise no witness statement has been received by me and they confirm the same for the court.

    I will be sending an email to the courts so the judge is now aware of this and I was told it will be up to the judge on Thursday as to whether or not he allows their witness statement to be allowed as evidence.

    I did receive an 'without prejudiceicon save as to costs' letter today from the solicitors offering roughly half the outstanding balance again stating they do not agree with the provisions of the limitations act and stating that the compound interest part of my claim is denied.

    In my witness statement I stated the facts of the correspondence between me and them, mentioned Kleinwort Benson and also Sempra metals regarding restitutionicon. I also copied the monthly statements showing the charges, all letters and hsbc terms and conditions.

    If I turn up with all of this on Thursday plus Sempra ready to state my understanding of restitution does anyone think I have a chance of putting my case across. I will also take my recorded delivery receipt of my witness statement.

    The only foolish thing I did was send my final letter back in October offering to settle before the further court costs were paid by myself to the defendant and NOT the solicitors so they say they did not have sight of that till it was in my witness statement.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

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  16. #36

    Default Re: HFC again

    i think you have every chance...given that they cannot use or rely on any documents to support their defence...make the judge fully aware of this at the start of the hearing...verbally.

    They have failed to comply with directions and therefore their defence should be struck out.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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