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Everything posted by Candice27581

  1. Hi PD Had a busy year - not too sure where it has gone, this time lst year I was just starting my claim which I thought would be settled within 6 weeks but it will be worth waiting for when we all finally get our settlement. The most annoying thing is that my husband and brother started their claims after me (I done them for them) and they were settled within a month. The amounts were not quite as astronomical but still, it is the principle. Are we all still adding interest for the days we are waiting?
  2. I have come across this on the HSBC website. They are saying it could go on for a year??? Does this sound right? ***************************************************** Important Information on Overdraft Charging Update on OFT Test Case 11th January 2008 On 27 July 2007 the Office of Fair Trading and HSBC and six other UK banks and one building society started a court case to decide on the legality of personal unauthorised overdraft fees. The first part the court case is due to be heard by the Court on 16 January 2008. That hearing is intended to decide certain preliminary issues of legal principle and is expected to take about three weeks, with judgement to be handed down some time afterwards. This is the first part of the test case. At this time it is too soon to give any exact timescales for a conclusion to the test case but we expect it to continue for more than a year. HSBC has agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way. Until the final outcome of the test case, the situation regarding how HSBC handles customers' claims and complaints about unauthorised overdraft fees will remain unchanged unless circumstances change. In keeping with the agreement with the Office of Fair Trading and the Financial Services Authority, HSBC will ensure that customers are appropriately updated when there are any significant developments.
  3. Hi everyone - been watching closely although haven't posted for a while. Am I right in thinking the court case started yesturday or have I got it around my a!*e??
  4. Still waiting... I have sent SAE's with my nudge letters but still nothing at all from D&G. I am still on a stay until 14th August. Not too long now.
  5. Also PD - I'm keeping an eye on your progress, haven't seen any new replies from you - I assume you are still waiting patiently! Even though we are at a similar stage we seem to be going in different direction, the whole process seems really unpredictable at the moment!
  6. Any thoughts/links on a 3rd nudge letter - I think it's about time I reminded DG I am still here.
  7. It's fantastic to hear peoples story - we are all in the same situation give or take the routes taken by our own local courts. I seem to have a lot of people wanting to see me fall flat on my face with this through jealousy of the fact that they couldn't be bothered to fight their own costs and can't wait to say I told you so. Well I can't wait to say I told them so. I am getting closer, but sods law is that I will be the 1st to be taken to court, but bring it on is what I say!! Just think - each day that goes by i earn .69p in interest on my charges! Ha Ha. Doesn't sound much but over 6 years it has added up!
  8. Just wondering how everyone is doing - seems not as easy as we all thought, has DG actually met anyone in court yet? If so what is the thread link? Is anyone in the same situation as me with regards to further particulars of claim being sent to court? I know from some of the threads that court dates are being issued but I would be here for hours if I were to read through all of them. Getting anxious but just hope we are all on the right track and fingers crossed for everyone. How are you doing pink dutchess? :-|
  9. Just re-reading the General Form of Judgment or Order it says to also issue particulars of claim to DG - by 7th June. Why would this be? It this a good thing? It feels like we are getting close to settlement.
  10. Can you let me know what you think of me filing these as my my POC and then attaching 3 copies of my scedule of charges? Would this be satisfactory. Although it hasn't asked for a fee shall I send one anyway? ................................................................................................... At the xxxxxxxxxxxxxx County Court Claimant XXXXXXXXXXXXXXXXXXXXXXXX Defendant HSBC Bank Plc DX 712630 Birmingham Brief details of Claim Money claim for return of penalty charges applied to the Claimants bank account by the Defendant Value Charges £XXXXX Interest under s.69 County Courts Act 1984 £XXXXX Court Fee £XXXXX TOTAL £XXXXXXXX Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.00022 per day OR at such rate and for such periods as the court deems just. PARTICULARS OF CLAIM 1. The Claimant has an account XXXXXXXX("the Account") with the Defendant which was opened on or around XXXXXXXXXX. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon; b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from XXXXXXXX to XXXXXXXX of £XXXX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.00022p. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982). I believe that the contents of these particulars of claim are true Signed: Date:
  11. I had a letter from the Court this morning: GENEREAL FORM OF JUDGMENT OR ORDER Before DISTRICT JUDGE SINGLETON sitting at Cheltenham County Court, Care Of, Gloucester County Courty, Kimbrose Way, Gloucester, GL1 2DE Upon referral IT IS ORDERED THAT The Claimant do file with the COurt, Further Particulars of Claim and do serve the Defendant with the same by 7th June 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimant's claim will be struck out. The District Judge of this Court require the amount of bank Charges cclaimed in thr Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of wach charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon. This order was made on the District Judge's own initiative pursuant to CPR Part 23.8 If you object to the terms of this order you must make an application to the Court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10* *This means that if a party is not happy with this Order and wishes to object to it, then a party merely has to write a letter to the court within 7 days of the date of this Order specifying the objection and stating the grounds for it; no fee is payable for doing this. THe file will then be referred to the District Judge. Dated 10 May 2007 .................................................................................................. At the top of the court order it is dated 16 May 2007???? Does this mean 7 days from 10 May or 7 days from 16 May What do you suggest? I have nudge number 2 to send on Tuesday? How do I send particulars this time? Has anyone else had a letter like this?
  12. Has anybody had an out of court settlement from these nudging letters yet?
  13. It is a nice place to live as far as towns go but I wouldn't call it posh although we do have the Prince Harry and Prince William just down the road and Liz Hurley got married at our local castle last month. Come and see it if you like when you support me in court against HSBC - I read their defence on the letter from the courts, couldn't beleive it, they're still throwing the old "it's in your terms and conditions" jargon. As i've said previously I work for a solicitors dealing with remortgages etc... anyway had a redemption statement through the other day and it details a closing admin fee of £350.00 for this borrower and then on the top of the letter it had a sticker that recalculated the figure saying "due to the new fsc announcement regarding closing administration fees and to reflect good lending please add £200.00 to the redemption figure by way of reimbursement to our borrower. It amused me to sasy the least! Nudging letters have started.
  14. Spoke too soon - had a "Notice of Transfer of Proceedings" this morning - just found in on the kitchen side. To all parties A defence to this claim has been filed. The claim has been transferred to the court coveringthe area where the defendant (this is then crossed out an in pen is written claimant) lives or carries on business. please read the accompanying documents carefully (and the typed but crossed out in pend it says "and note that the allocation questionnaire should be returned to the Cheltenham County Court". All further communication should be addressed to: The Court Manager Cheltenham County Court C/O Gloucester County Court Kimbrose Way Gloucester GL1 2DE Telephone 01452 834 991 the next sheet says "The filing of an allocation questionnaire be dispensed with in thiscase unless the district jusge at the county court of transfer orders otherwise. What shall I do now? Do I send the court a breakdown of my costs?
  15. I still haven't heard anything - is this just the way it is going to be with the new system. I only sent DG my breakdown last week, would this have effected it - wasn't sure I had to until I read nettys thread. Any news with you Pinkdutchess?
  16. they've also defended my claim, I am assuming I just wait for the AQ to come through now? Do I pester DG in the meantime? or would that be pointless?
  17. Will do - going through bank statements and they have been really nice - what do you know, no bank charges for unauthorised OD!! Get this - when sending my claim I also done a claim for my husband, I sent the initial letter and then the LBA but didn't proceed to take action as couldn't justify 2 lots of £120 if it didn't go through. He had a letter in the post this morning saying they would pay up £782.00!! and I'm still waiting. I am hoping that this is because I am owed almost £4000.00 now with interest and court costs - well at least I hope so. Have you heard anything pinkdutchess??
  18. And to you too. Keep in such and we'll compare and support each other x
  19. Hi Netty Just been looking through other forums for your responses. They seem really helpful so I'm glad you've dropped a line on my thread. I am going to sit over the weekend an add more charges from February which was when I first filed and now as my accounts are in a bit of a mess and I think HSBC have been a bit happy with the charges - got married in Jan and had rather of an expensive honeymoon, to top it off started new job and have to wait 6 weeks for pay day. never mind - as you said all good things but I'm hoping to pay my car off with it which will save me having to sork a second job. All in all I think I have worked a second job over the past 7 years just to pay bank charges. What a joke!!!
  20. I thought I was into my forth week but it looks like the acknowledgment of service was dated 29th March so I am only just over 2 weeks into it. Still not heard a thing though. Is there anything I can do to push it forward. What is the next step?
  21. I work for a solicitors who deal with remortgages for C&G and Chelsea Building Society. We generally transfer peoples debt into a mortgage and secure it to their property. I was calling Halifax the other day for a redemption statment and going through the options as you do and it said press 1 if you are calling regarding the FSC announement regarding administration charges. Do you know what this is? Does it mean they are finding a loop hole out of this?
  22. It gets like that, I'm looking through old mortgage redemption statements to see if there are any charges, I have applied for copies of all statements for every card, account and loan I have ever had. THese lenders/banks are not going to know what has hit them! I am quite happy for HSBC to take as long as they want because it is more money in my pocket!
  23. Sorry if I am being a bit slow... when you say once I have filed my claim send 2 copies to the court do you mean send it now or wait until I have had my acknowledgement-I am assuming wait until I have had my acknowledgement so that I have an exact address to send it to. Am I right? It's all go at this end... can't beleive it has gone this far. Have you had your money yet Netty?
  25. Nearly there - pressing the SUBMIT button tomorrow. Do I reserve the right to charge interest? They then bring up a text box if I put yes asking me in include wording but with the particulars Lats sent me the extra wording won't fit in. What would the daily interest rate be? With the particulars Lats sent does it cover this as it refers to Section 69 just doesn't say anything about what I am going to charge as a daily rate from the point of the claim. Sorry to be so dependant... For all of you out there in my shoes MCOL isn't as daunting as I thought it was!!
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