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Everything posted by rockinrodders

  1. Well its the telephone hearing this afternoon. I sent my bundle to the court and HSBC on Tuesday by special delivery. I rang the court yesterday and they reckoned they didn't receive it even though the royal mail website said it had been delivered, then after me faxing them 95 pages they found it! No doubt HSBC will claim they never received their copy either, so its a good job I sent theirs special delivery as well.
  2. Lets hope the OFT case doesn't fall apart because of their incompetent legal team!
  3. Thanks Syds Mum, I got that and sent you my email address!
  4. Hi Becci, Well done on your win. I am in almost the same boat and have got a telephone hearing on 14th Feb. Please could you send me some of your arguments etc as I don't seem to be getting a lot of help on my thread! http://www.consumeractiongroup.co.uk/forum/hsbc-bank/119349-judgement-default-now-application.html
  5. I looked at both of those threads but found many references to their budnles etc but nothing that detailed what had to go in it Does anybody know what needs to go in a court bundle for an application to set aside judgement hearing? Their argument is 10 pages long but is similar to those in Syds Mum and Beccis thread but states the reason why they did not return paperwork etc on time or meet the courts deadlines was becasue they were not aware of the deadlines. I was going to include a copy of my nudge letters, delivery receipts and the court papers I received clearly showing the dates etc as evdence that there is no way they were not aware of the case and the deadlines. Should I refer to these other cases where they say the same rubbish about not being aware etc?
  6. I wrote 2 more letetrs to the court including details of all the nudge letters and reminders I had sent to HSBC and to DG ad included copies of the recorded delivery stubs etc. No reply to either letter, despite them again being sent recorded over 2 months ago. I received an letter from DG recently asking for my phone number for the hearing on 14th. Does anybody know what documents I need to put together for a court bundle on this one. I have read a few other similar threads but couldn't seem to find any details of the bundle required. Presumably I just enclose a copy of all my nudge letters to DG/HSBC and the delivery receipts. That way I can show that they must have been aware of the case and the deadlines that they missed (all 3 of them). That should be 3 letters from me and the 3 notices from the court that I received and they claim they didn't. Do I need anything else? I can post of copy of the notes and application details from DG if that makes it easier for somebody to help?
  7. I got a judgement by default against HSBC back on 9th October for them failing to return their documents. They pulled the same [email protected] saying they hadn't received documents etc, although again I sent them reminders by recorded post with copies of all the court documents that were sent to me. I filed the warrant of execution straight away but the court was so slow actioning it that the bank had applied for the set aside before they did anything. The court has now made a set-aside hearing for February. Thats as good as a stay anyway so I don't see the point. If the court was more efficient I would have won this months ago, but becasue of their incompetence it has dragged on and on allowing hsbc more and more time to use their delaying tactics and return their documents late etc. For example, the original AQ return date was 6th August, HSBC didnt respond so the court waited a month then gave them a 2 week extension till the 16th September. On the 17th I took my judgement request to the court as per their instructions. But the judgement was not actioned until 9th October over 3 weeks later, again giving HSBC another 3 weeks to drag their butts to the post office to send their set-aside objection. Funnily enough their set-aside application was actioned within a day.
  8. My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it. I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form' I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55 Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February. Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9 Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed. His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement" The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states: It is ordered that: 1. The order dated 30 October striking out the defence be set aside 2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186 3. Both parties be at liberty to apply Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?) Or is he doing the usual and cutting and pasting his stuff from a different case? Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing? I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies? I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything Any help much appreciated
  9. Everytime I think about it it makes me feel more like a stitch up. The OFT and the Banks will agree on a deal. And I bet that deal will be a limit to the amount of the charge (e.g £12 like credit cards) but they will waive the consumers right to claim existing charges. Therefore crushing all our claims and only enforcing it going forward Since when has any government body worked for the good of the people? exactly, never
  10. I finally got a Judgement by default today throught the post today as the defendant didn't return their paperwork despite being given an extra 2 months to return! I am going to issue the warrent of execution straight away as DG will obviously try and get it overturned. So I'll get in there fast. Which address do I send them? 1 Canada Square, London? Its not as if I wanted the cash anyway, I only wanted them to settle my account with them, which is approximately the same amount as I am claiming and was previously collected for 2 years by Heatons but then 'mysteriously' was recalled to HSBC when I began the court action. Nobody at HSBC knows what is happening with the account now, they said it was going to be sold on but I have called a couple fo times to ask how to make monthly payments and they've said don't bother until the new owner writes to me.
  11. Well done, Sounds great. What do you reckon the chances are of them raising the issue?
  12. I sypathise with you there cos Ilford CC have lost a number of documents that Isent them. They lost my AQ twice despite me sending them special delivery and them even banking the cheque. They also lost my request for judgement and I sent another one and they have now 'got no record of receiving it' despite them confirming on the phone that they had it and it was being typed up by the court secretary. The whole system is a shambles and this has allowed HSBC an extra 2 months to apply for a stay even though they havent returned their AQ which was due on 6th August
  13. Thats strange Ive got a Halifax Visa Electron card and I can't remember the last time it wasn't accepted. I use it in all shops, online and on the phone. Usually if they say they dont accept electron, then key it in as a normal Visa card and it goes through. I would say that less than 10% of places dont take it
  14. I have a case against Cap One for credit card charges. I returned my AQ by the deadline on 6th August, but judge gave Cap One an extra month. They missed the second dealine, but when the case went back in for the judge to make a further order, he made this instead- Before Disctrict Judge Sheratte sitting at Ilford COunty court etc etc Upon the court being aware that the test case has been commenced in the high court (claim no. 2007 Folio 1186) dealing with the issues in this case: IT IS ORDERED THAT 1. The Claim be stayed pending application to retore the claim by either party 2. As the court has made this order on its own initiative without a hearing or giving both parties an opportunity to make representations. You the claimant being a party affected may apply to have it set aside varied or stayed by application to be made not more than 7 days after the date on which this order was served upon you. Cap One have even not asked for a stay as they know, like I know that the test case has F all to do with credit cards. My other case at Ilford was filed on the same day against HSBC and has followed same timeframe almost exactly to the day. Issued same day, 2 acknowledgements on same day, 2 defences on same day, 2 AQ sent out to me and due to be returned on the same day. Both cases are the same story in that my AQ was returned on time, they gave both Cap One and HSBC an extra month cos they didn't return theirs. But on HSBC one for bank charges it went in before a different judge who made an order to strike out the defence if they had not returned all documents within 14 days. Shows what a shambles the whole situation is, when 2 judges make different judgements in the same court within 2 days. They stay the credit card claim and let the bank charges claim go on!
  15. Got a letter from the court reminding saying HSBC were being given an extra 2 weeks to file their AQ, despite it being due by 6th August originally. They were already given a month extra till 6th September. Looks like the judge hasn't got the balls to make a decision despite HSBC ripping the urine out of him, me and the whole court process.
  16. Bob, The request for judgement form was on the bottom of the notice of issue I got right at the start of the court case. The lady at the court told me this was fine. She was putting my case before the judge today. Hope he accepts my directions to throw out the defence for failing to return their documents despite being given a months extension.
  17. Called the court again to chase it up today and they reckoned they had not got my AQ and the judge had ordered the case to be struck out if it was not received. I said that they had cashed my cheque back in August and that they had confirmed receipt 2 weeks ago. Then she checked the system and realised that they had received my AQ back at the start of August but it had been lost in their office whilst being typed up. She apologised and asked me to send her another copy. I sent that today and she promised to put it in front of the judge tomorrow. She said Cap One had still not sent theirs in despite the judge giving them an extra month to do so and sending them a reminder, so hopefully they'll accept my request for judgement by default. I did speak to somebody from Cap One, who phoned after I emailed them. They agreed that their calculations were wrong as I pointed out. They agreed to increase the settlement to include this and to include the removal or all adverse information including the default. I told them I needed a cheque in my hand and a written confirmation of the default removal before telling the court they had paid up. If they me mess about, I'll keep pushing for the default judgement as that includes contrctual interest and not just the purchase we agreed on.
  18. I received a letter confirming that Littlewoods had agreed to remove the default and adverse information. Guess thats a win then!
  19. Got a letter offering full charges, no interest and the form this time says to be paid by cheque so I'll take that and underline the cheque. Funny how I rejected the £115 but said Iwould have took it if it was cheque, but they now offered 3 times as much by cheque. shame they didnt bother reading the letter or they could have saved some money!
  20. ICY, I had a similar situation with Cap One where I partially settled the account with a smaller payment which they accepted as full and final setlement some years ago. I have been trying to reclaim the charges and they have written and offered a settlement but they have offset nearly 3 hundred against the closed account, even though it was closed. I have wrote back a couple of times and had no response. I did however call customer services months ago to ask for confirmation the account was closed. I did get a letter back eventually from them Cap one who wrote to confirm that my account was indeed settled as 'a partial payment had been accepted as full and final settlement and therefore no payments were due and the account was closed' - Good job they don't talk to each other or the legal dept would never let them send that out when they are arguing the opposite! I included copies of this letter in a future 2 letters, but have still had no further response. I called the number quoted on the court papers but it just rings and goes to voicemail. I did speak to Carolyn Parsons a few weeks ago on that number who said she would look into it and call me back either that day or the next morning. nobody ever did. Just waiting for the court date now. You could try ringing customer services and dont mention the claim, just request a letter confirming the partial payment was a 'full and final settlement'
  21. Cap One are a shambles, they havent returned their AQ to the court yet on my case an it was due on 6th August. Unfortunately the court is facing a backlog so it won't go into a judge for a couple more weeks. Cap Ones defence was also a cut and paste template from another case, saying they had paid in full. They hadn't, and all the amounts they quoted (even original) figures were wrong. They had cut and paste from another defence and forgot to change the numbers. I phoned Cap One to tell them their defence was nonsense, the woman agreed and asked what I would settle for. I said I'd take their offer of stat but it MUST include the default removal and it must add up correctly, which it didnt on their once again cut and pasted letter. She said that would be no problem and they'd sort it out. that was nearly a month ago.
  22. I got a letter from littlewoods saying they didn't receive the court forms, but in view of the time and expense involved with filing a defence they had decided to pay up. Received a cheque for the amount of my claim. No word on the removal of default though, that was a part of my POC and I'm not closing the claim until that is gone. That was more important than the money as it was a small amount, but the default for a £30 balance ruins my credit rating!
  23. Once your claim has been issued, they have 14 days to respond from the date of issue (this date will be shown on your notice of issue that the court sent to you and it will say the date on which it is deemed served). Usually the bank will file an acknowledgement which gives them another 14 days in which to file a defence. Did you file at a court or on moneyclaim online? You should ring up court after 14 days from the date of issue if you haven't heard anything and ask if they have had a response from HSBC. If they havent then you should fill out the 'request for judgement' form that would have been attached to the notice of issue that the court sent you, send that back to the court with the fee and after a week or so you should get a judgement by default. Unless of course HSBC file something in the meantime, which they often do and the courts usually let them get away with it! Only if HSBC and their solicitors D&G have specifically requested a stay to the court and the court has agreed to it, do you need to worry about writing to request the stay to be lifted due to the financial hardship it would cause. If HSBC haven't responded yet,then they havent requested the case to be stayed, so unless you have heard otherwise from the court, then proceed as normal and request judgement.
  24. Got a letter denying charges when I sent Prelim, got another one after the LBA offering £115 partial to be paid to my account only. Yeah right, the accounts been closed since 2001! That'll be a no then!
  25. Sorry, I didnt mean court interest. There are spreadsheets in the templates library for entering both charges and actual interest paid (i.e. the amounts on your bank statement). Then it calculates the interest paid on charges and adds this to your claim. This is added at the first stages and is nothing to do with the 8% court interest which is only added at the court stage. You can try pushing the bank for more money to cover your flexi loan interest but Im guessing they made you sign a 'full and final settlement' agreement before paying out last time.
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