Thank you so so so so much!!! You are an absolute star! I can now send of my bundle to the court with covering letter requesting defence be struck out.Yeah! Perhaps cutting it a little bit fine, but I guess these things were sent to test us!! Hsbc have now phoned 8 times in last 3 days (yes over weekend, at during evening) requesting I pay overdraft off!! I seriously hate them, and will not stop until I win!!! (Want to say a very rude word but shall refrain!!) Thanks everyone for their help.

Help!!!!!!! Does anyone have anything downloadable that I can attach with my letter to the Court - with regards to asking judge to respectfully strike the defence out of court??? I wanted to put something along the lines of: The Claimaant respectfully requests that an order may be made as follows: 1. That the Defence be struck out as it is an abuse of process, pursuant to rule 3.4 (2)(b) of the Civil Procedure Rules, on the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature. Since May 2006, I am aware of over 100 clims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. However, I need to attached smaple list of similar cliams, including their claim numbers, but cannot find anything anywhere!! HELP!!!!!!!!!!!!!

Thanks for all the info - still putting my court bundle together! Where exactly do I get the list of where Hsbc has settled out of court??? I've been to the Survey results link, but can't seem to be able to get onto anything for Hsbc?? Thanks

Just looked at your thread Jo - very interesting read. Glad you won! Can't believe it got so close to your prelim hearing - guess that takes a little weight off my mind!

Just one more thing - can I claim for interest during the 6 months that this dispute has been going on? Can I also claim for expenses due to Court case (eg 1 day's salary, travel expenses) if this case goes that far - or do you think that is pushing it??

Parts 1,2 and 3 just relate to the date and place of the hearing, and that the claim has been ordered to the small claims track. I'm just printing out my bundle (methinks I'm going to run out of ink though!!), and just noticed that I need to add terms and conditions for the account. Have looked on HSBC's website, but can't seem to find them. Any ideas??? Also, when you say the Judge wants me to tell him what to do, what exactly should I put - I mean do I need to provide reference to laws/rules? Presumably I can't write and just say I want HSBC to be struck out!!?? (Sorry for being stupid!!) Thanks for all your help anyways.

Thanks for your input. I've had a look at the mini court bundle on the forum, so I'm going to adapt it to my case over the weekend. I nearly panicked when your reply said it should be before 14 days - that was yesterday!!!! However, the General Form of Judgement states: "4. Not less than 14 days before the preliminary hearing, the Defendant shall file with the Court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. 5. The Claimant may make any representations to the Court in writing provided these are received by the court and served on the Defendant no less than 5 days before the preliminary hearing." So, if I send my bundle on Monday to the Court and DG, this is 10days before hearing - do you think this will be ok?? Also, as we are past the 14 days before hearing, am I correct in thinking that (as I haven't received anything in the post) DG/HSBC can now not send any details of the case to the Court?? What exactly does this mean? With my bundle should I attach the Court Judgement Form, highlighting the sections which states they should have responded 14 days before hearing, and therefore nudge them to settle?? Thanks.

This could be a very long story, so I've tried to cut it down as much aas possible. I would really appreciate any input or ideas. Took out a student account with HSBC whilst at Uni (9 years ago). Spent much time with bank charges! Then became self employed two years ago, which means salary is staggered, hence resulting in bank charges! 1/ In feb 07 I asked HSBC for all statements. 2/ On 1st March 07 I sent request letter to HSBC asking for repayment (with all charges highlighted, interest calculated etc). The amount claimed for totals around £4000. 3/ Response from bank saying they are looking into it. 4/ send second letter, but hear nothing back within 14 days. 5/ Apply for Court Hearing. 6/ Right at the last minute HSBC put in a defence! 7/ The court hearing is now set for 2nd August. The Notice states the following: "Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place to consider whether the claim can be disposed of because the defendant has no real prospect of success at a final hearing" The General Form of Judegment states "At this hearing the court will consider either to stay the claim pending the decision in a test case, or to give directions for this claim to be heard as a test case". 8/ In the third week of June I send a nudge to the Solicitors (DG). 9/ I eventually hear back with an offer for £1000!! I use details on your forums to send back a letter requesting the full claim plus court costs - totalling £4230. (I can post on all correspondance letters if anyone wants to see them!) 10/ I hear nothing back from the Solicitors (or from Mr Loker, Quality Services Manager at HSBC who I sent a copy of the letter to). 11/ On 16th July I send another nudge letter stating that it would be beneficial to DG to settle out of Court etc (again using details posted on forums) and that I would accept £4230 as full settlement. I sent the letter recorded delivery to DG and Mr Loker. I also emailed DG Solicitors a copy. I have still heard nothing back. I have tried phoning DG but now they have a standard divert on their number, which now asks me to send a letter - doesn't give me the option to leave a voicemail!! I'm thinking of sending them a further nudge by fax on Monday (if I have heard nothing) - what do you think?? Plus, is this usual for DG to leave it so late to settle before Court date?? Do you think that I will have to go to Court?? Getting panicky now!! Please help!

Sorry for lack of posts recently. Had heard absolutely nothing from hsbc or solicitors. Here is an update: The Deputy District Judge has allocated my claim to the small claims track. Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place - this is to consider whether the claim can be disposed of because the defendant has no real prospect of success at a final hearing. The preliminary hearing is on 2nd August. The General Form of Judgement also includes the following: "At this hearing the court will consider either a) to stay the claim pending the decision in a test case b) to give directions for this claim to be heard as a test case". Is this usual?? Since the court date was decided (on 14th June) I have sent two letters to DG Solicitors (by recorded delivery) and also copies of these letters to Mr M Loker, Quality Services Manager at HSBC. I have heard absolutely nothing back from both letters. I have tried phoning DG, but now they have standard divert askingme to send a letter - I don't even get the option of leaving a voicemail. I have also used several direct dial numbers -same thing though! Plus I emailed DG a copy of the letters. I am now panicking!! Being that the date today is 20th July and the Court hearing is 2nd August. Do you think I may have to attend court???? Worried! Is there anything else that I could be doing?? Thanks guys.

Hi guys - thanks for all the great info - nice to know that there are others out there in the same boat. I had a student account with HSBC, and over a 6 year period calculated my charges to be over £4K with interest! Even at the time I had to get out a staff loan to cover my account so I'd stop getting the charges! I'm still paying the loan off 5 years later, hence the decision to claim back those unfair charges! So far I've calculated the charges and sent out 3 letters (to which I always got FOB OFF letters). I had no offers of any sort so decided to take them to the small claims court. On the 14th day HSBC put in an acknowledgement. On the 28th day (which is today) they put in a defence. Typical! I'd really appreciate any tips/hints for what to do now - I was really hoping it wouldn't get this far. No such luck! Also, HSBC are still charging me for going pence over my overdraft - does anyone know if I can add these to my claim?? Thanks Chiggers