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chunkylinc

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  1. There's that word I dont like again.... "costs". It was so long ago now I cant remember exactly what I did - but after the letter before action, I then went onto moneyclaim online and filed my case within the small court, as I thought that even if you loast HSBC could not then come after you for there costs?? So are you saying that if I ask for another stay and then I eventually lose i'll be liable for HSBC's costs...? or is the letter just saying I can apply for a stay, but will have to pay the court costs again? Obviously I have already payed the court once as when applying online you need to pay at the time of submitting the case - Im confused now, which doesnt take alot I know! I'm just wondering why not too many other people have had this type of letter?
  2. so with the above in mind, do you think writing asking for a further stay will work? Does any one have a template for this letter, does it need to contain any legal type jargon, or is is merely just the case of writing to the judge and asking for a further extension due to several scottish cases? Do I need to provide specific details here?
  3. from reading the letters I think I may well be able to also try route b. Content of the letters is as follows... Upon this claim having been stayed pending the decision of the Supreme Court in OFT -v- ABBEY NATIONAL and ors (2009) UKSC6 And it now being settled law that:- 1. sums of money payable to their banks by customers persuant to their banking contracts and in particular sums payable in respect of unauthorised overdrafts are properly designated as 'charges' and are not contracted penalties, and 2. There is no power under regulation 6(2)b of the Unfair Contract Terms in Consumer Contracts Regulations 1999 (as amended) to assess the fairness of those charges as expressed in clear and intelligible language in relation to the adequacy of the price or remuneration as against the services supplied in exchange whether at the behest of the OFT or the bank customer. Upon review of the claim and of the courts own initiative IT IS ORDERED THAT: (1) The stay on the claim be removed forthwith (2) Unless the Claimant files within 28 days of the deemed service of this order upon the claimant, a notice of application seeking further directions in the claim the claim shall stand struck out without further order (3) any notice of application files in accordance with paragraph (2) of this order must clesrly explain the legal basis upon which the claim as set out in the Particulars of claim should be permitted to continue or exhibit draft amended Particulars of Claim. The notice of application with all accompanying documents must be filed with the court tgether with sufficient copies for service on all other parties. The court fee of £75.00 (fee2.6) will be payale unless the claimant/applicant produces evidence of entitlement to excemption. yep, thats pretty much word for word what it says - And being incredibe thick it makes about as much sense as a paper umbrella!! So,clearly I have 28 days to send a couple of copies of whatever it is i need to change to the court (and also directy to DG I guess?)
  4. Well after several months of all being quiet on the western front It's kicking off again. Today I recieved two 'General Form of Judgement or Order' letters from Norwich County Court (one for each of my cases), so it looks like my stay has been lifted - has anyone else experienced this?
  5. Ummm, yep! I've screwed up. Is it best to write to them or simply try and call them to ask? If they havent been contacted I guess I can write back to hsbc (I didnt send that letter to D&G) and say I've changed my mind?
  6. Hi JM, Errr well no, not exactly. After the loss of the test case and the letter from HSBC I kinda did nothing for a while as I assumed that it was all over. I then started doing some further investigation into the situation around feb time, which was when I learnt about persueing under financial hardship through the FO. So I finally contacted HSBC early march time, where I told them that I'd intend to withdraw the court claim and take matters to the FO. So I'm hoping that letter will stall them for a while as I have not contacted the court to close the case in the slightest...
  7. yer, and so am I lol. Well that's me up to speed with a bit of weekend reading, I'd best pull my finger out and get on with some letters... It's a little odd tho as I've not actually heard a thing since the ruling from my local court or from D&G, infact the only correspondence I've had came directly from hsbc mid december saying that unless I contact them within 8 weeks they would consider the case closed...? I'd have thought D&G would have been a little swifter to act.
  8. great stuff, thanks. I'll take a look at your link and digest the info. Fingers crossed for whoever has that test case on the go, always a bit hair raising if your the first...
  9. not been about on here for ages, how's everyone been? I kinda lost hope a little after the outcome of the court case, but a colleague was talking the other day about some new legal argument which can be used. I'll try to find out more and let you know. Do we know if anyone has had any success since the court ruling?
  10. bonjour all... how are we? what's everyone been upto? still sitting here twirling our fingers whilst we're sitting in the 8% club!! lol. I've been a busy little beaver, having successfully manages to reclaim my MBNA credit charges back, im now starting on egg and citi... Oh and not to mention the PPI recieved from both egg loans, egg cards and citi!! Rock on... lol
  11. Been a while, so just thought I'd give you an update... After finally getting my statements, following the usual procedure and a couple of negotiation letters... MBNA have refunded a large proportion of the charges and I didnt have to even start the court case... :)
  12. Cheers Pete n Jonny, that's what I'll do then.... I'll start another tomorrow and take it as far as I can. You dont see a problem trying to claim back the charges which are called 'Pre-notified fees & charges' on the statement as opposed to 'notified fee/charge' do you?
  13. I've had the account for ever and a day, I sent off the SAR today, registered post, with a £10 cheque and a copy of my passport so they cant pull the 'Who are you trick'. So now it's just a case of sitting tight till the 40 days is over and the stuff starts to turn up. I know when I done this process with HSBC I claimed for Interest charges on my account when I was overdrawn as well as all fee's and charges, does the same apply here, or is it literally just the charges?
  14. I didnt think that the court proceedings were affecting credit cards? And although BoA now own mbna, there was a period over the last 6 years when they didnt and I'd still been charged? Do you not think it's worthwhile me persueing this one?
  15. I've just been looking thro my statements and HSBC went very quiet on the whole charges thing for the next couple of months after I'd been writing to them, but then they've soon reverted to their old ways. I have several 'Notified fee/charges' ranging from £125 to £75 on my account and then they seem to change to 'Pre-notified fees & charges'. Now I know that like you guy's we're all waiting for the courts, but is it not worth starting a second case for these charges? and just taking it as far as I can before it gets stayed like every other case, but atleast it's in the system?? What does everyone think?
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