Hi All, Well unfortunatley due to things beyond my control I have not been able to do anything on this recently. My original court date was tomorrow and the Court has placed a stay on the case pending the outcome of the OFT test case. I still want to see if I can get the stay lifted due to the maturity of the case, but I am not sure if I have missed the boat on this one, it is lucky in a way that the stay was placed on the case as I have been unable to do anything apart from have a brief look at sorting out the court bundle! Anyway, couple of questions, am I too late to apply for the stay to be lifted (I see no restriction on the court order), my intention would be to sit down at the next opportunity and prepare the bundle and submit my application and court bundle at the same time (probably next wed or thurs). Also I was thinking about sending DG another nudge and seeing (unlikely as it is) if they are prepared to budge and pay up, was going to tell them pay now or I will calculate and add in daily interest (if I am not too late) - does that make sense???

macushlamoon "Horsham court is staying all claims.... my in-laws were due to go on the 10th their case has been stayed untill at least March... according to the court clerk :sad:" My case has also been stayed

Another thing I meant to ask. If the Judge refuses to lift the stay can I amend my claim to include the daily interest as well or am I too late? thanks

HI all, THats what I thought you might say! So I assume a letter to the court making an application for the stay to be lifted, perhaps to accompany the court bundle or should I leave that for now?

Oh well it looks like the court bundle can wait, got a letter from the court today saying "The courtis aware that a test case has been issued to be heard in the Commercial Court (2207 folio 1186 issued on 27 July 2007) between 14 January and 28 February 2008, to determine the issues of legal principle in relation to the recovery of charges debited to bank current accounts Upon it appearing to the court that the issues raised in the test case will affect this claim IT IS ORDERED THAT 1. Hearing listed on 30 August 2007 is hereby vacated 2. Claim stayed until further order 3. Permission for either party to apply to lift the stay sp[ecifying why the claim should not await the test case decision 4. The parties are to notify the court no later than 07 March 2008 in writing whether the claim has settled or is withdrawn or a hearing is required for directions for trial 5. The file will be reveiwed by a District Judge as soon as practicable after 07 March 2008" Any advice Thanks bluejay

thanks lattie, looks like it was a good thing that I have booked leave for Friday, at least it gives me a head start

Just thought, realistically to have all of the court bundles sorted in time I really only have a week to do it. this is if I use the normal post. To give myself more time I suppose I could courier it up to DG, now if I did this do you think I would be able to reclaim the cost of this as well?

OK here is what I am sending to DG, slightly adapted from Latties letter DG Solicitors 04 August 2007 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Dear Sir/Madam Re: ******* - v - HSBC Account Nos: ******** and ******** claim no: ********, Filing date 12th June 2007. I am writing to you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence. I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to Horsham County Court and allocated to the Small Claims Track (Hearing) for a hearing on the 30th August 2007. I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution. It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating. I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £3942, this is made up of the original claim amount of £2921, the statutory interest claimed under section 69 of the County Court Act 1984 at 8% (801.80, the court fee of £120 and the Allocation fee of £100 as full and final settlement of this particular claim. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality. Please find enclosed another copy of my schedule of charges relating to this claim. I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you. Sincerely,

Good Afternoon all, Right now that I have yet another round of Night shifts out of the way I can return my concentration to this!!! Received in the post today from the court a "Notice of Allocation to the Small Claims Track (Hearing)" Here is the notice word for word "DISTRICT JUDGE TAYLOR has condidered the statements of case and allocated the claim to the small claims track. The hearing of the claim will take place at 1500 on the 30th August 2007 at Horsham County Court, The Lawcourts, Hurst Road, Horsham, West Sussex, RH12 2EU and should take no longer than one hour. The court must be informed immediately if the case is settled by agreement before the hearing date. PLEASE NOTE: This is a PROVISIONAL hearing date. To enable us to make full use of judicial time and to offer you an earlier date, this case is one of two listed for the date and time shown on this notice. PLEASE CONTACT THE COURT 48 HOURS BEFORE THE HEARING FOR CONFIRMATION AS TO WETHER YOUR HEARING DATE WILL BE EFFECTIVE. If your case does have to be adjourned, it will be given a new PRIORITY hearing date as soon as possible. 1. Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. 2. The original documents shall be brought tot he hearing. Date: 02 August 2007" OK then there is a bit more blurb that seems to be general advice etc. So if I read this right I need to prepare my court bundle so that it arrives at the right places no later than the 16th August! To play it safe in that case I need to have it all ready to post by Friday. Right first things first I need to send the 2nd Nudge, I am going to use Latties one in this post "New---after 28 Days - Maybe No Aq!!!!!!!" and get that in the post today. It all seems to be moving a little quicker now, is this normal?? Thanks

Hi All, Again many thanks for your help so far, dashed to Horsham on Monday and paid fee and handed in another spreadsheet! Also posted the spreadsheets to DG the day after. It's been about two weeks since I sent a nudge letter to DG (basically when I received the General Form of Judgement or Order) do you think its time for another?? I have not heard anything from DG yet Cheers bluejay

Thanks guys, Just so that I am straight,we are sticking with Plan A and sending the two spreadsheets per account. One detailing the charges, descriptions and dates and the other showing the charges and the 8% interest? I will print these off and kill two birds with one stone and deliver them to the court when I go to make the payment and at the same time post the copies to DG.

Thats what I thought, all the dates marry up so it should be fairly simple to follow. I will send that in soonest and sit and wait as to what happens next. Thanks Pete

Thanks Pete, Just wandering though as above he/she wants to see the interest, the amounts, the descriptions etc I didn't use the CAG spreadsheet as at the time the links were not working. Whats best just print out the two spreadsheets per account or amalgamate all the information onto a single spreadsheet per account?

Afternoon all, OK latest update, I have rejected the offer from HSBC as above, I have also sent Nudge letter 1 to DG. I received in the post yesterday a letter from the court at Horsham, saying that the Allocation fee needs to be paid and that I have 14 days to do it from the date of the letter so no worries there as I will have been paid. Enclosed was an order from District Judge Taylor for me to file a list of charges - here it is word for word General Form of Judgement or Order Date 17th July 2007 "Before DISTRICT JUDGE TAYLOR sitting at Horsham County Court, The Lawcourts, Hurst Road, West Sussex, RH12 2EU. Upon reading the court file THE COURT DIRECTS OF ITS OWN INITIATIVE AS FOLLOWS: 1. The Claimant shall, within 21 days of the date on which this order was drawn up by the court, file at court and deliver to the Defendant answers to the following questions, concluding with the following statement, dated and signed 'I believe that the facts stated in this response are true': -Provide a typed list of the charges in dispute, showing the date and amount of each charge and the rate of interest applied; -If only part of the charges is in dispute, show how much is admitted and explain why; 2. UNLESS the Claimant complies with paragraph 1 of this order, the claim shall stand struck out and the Defendant may file a formal request for Judgement in default and for the assessment of any costs incurred in the proceedings; 3. A party affected by an order made of the court's own initiative may apply to have it set aside, varied or stayed within 7 days of service. 4. Parties to inform the court within 21 days of any dates to avoid for listing of the case." Am I right in saying then that I have 3 weeks from the 17th to produce my court bundle?? It all seems rather quick! Looks like a visit to staples for printer ink and photocopying! So far I have been sending two spreadsheets for each account one that shows the charges, dates and descriptions and the other shows the date, amount, 8% interest and the total. What is the best way to present this simply print off both spreadsheets for each account and submit that or amalgamate all the information onto my own spreadsheet? Thanks in advance bluejay

Sent these to Mod almost a month ago not seen them since so here they are again Claim number: 7QT02715 Issued: 13/06/07 Court: Horsham County Court (AQ dispensed with fee still payable) Charges: £2921 Interest: £801.80 Costs: £120 Total Claim: £3842.80