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southcaver

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  1. THANKS! I also need A copy of the relevant bank terms which I don't have. Is this a problem?
  2. thanks, and is there some kind of template for this part? a. a statement setting out particulars of the breach of contract and any explanation [if such a breach is alleged] The statement shall exhibit a copy of the relevant bank terms.
  3. any help would be much much apreciated as i'm off to france for a week tommorow so i'd like to sort it tonight.
  4. Are poc's particulars of claim, all that i've sent is a list of the charges and the dates. That was to HSBC. I haven't sent any thing to the court.
  5. :( so does this meen i've lost?
  6. Right then, after hearing nothing since my last post i've just had a worrying letter from judge Besford at Hull court it says, IT IS ORDERED THAT The particulars of claim are struck out as disclosing no reasonable grounds for bringing a claim. The Claimant shall by 16.00 on 13th August 2007 file and serve an amended particulars of claim setting out the basis of the claim and in particular providing the following information: a. a statement setting out particulars of the breach of contract and any explanation [if such a breach is alleged] The statement shall exhibit a copy of the relevant bank terms. b. a schedule showing how the amount claimed has been calculated by reference to the individual item by description, amount and date. c. In the event thet the Claimant is seeking to claim for charges that accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought. d. In the event that the Claimant is seeking to claim reimbursemant in respect of interest charged on any overdrawn amount, the claimant is to identify such sums and set out in brief the reasons why such charges are being sought. If the claimant fails to comply with the above, the claim will be struck out without further order. The Defendant has leave to file an amended defence within 14 days of receipt of the amended particulars of claim, if so advised Upon compliance with the above, the matter is allocated to the small claims. The Defendant shall 28 days following compliance with the above, file and serve a response [in so far as it is not dealt within any amended defence], stating in respect of each item claimed: a. Whether the sum charged was a charge made pursuant to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars as to how it was calculated. b. Whether such charge is accepted to be a penalty, or otherwise not recoverable and if not, why not. c. If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred, to file and serve all evidence to be relied upon at trial that such sum claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was. If any party fails to comply with the terms of this order, the court will at the directions hearing consider whether to strike out the claim or strike out the defence and enter judgement for the claimant. The matter is listed for 3.00pm on 10 September 2007 Kingston upon Hull Combined Court Centre, Hull.
  7. ok, i rang them and they said i should just wait and they will notify me if the allocation fee is payable. Thanks all
  8. ok thanks jeneil, i guess i'll have to be patient (not my stongest point!)
  9. will they get in touch asking for this fee?
  10. southcaver

    me v hsbc

    hi there, i've just recieved a notice of transfer of proceedings to hull court. And a letter saying that an allocation questionnaire is to be dispensed with. my claim is for £2715. Is it up to me to make the next move or should i be expecting further letters?
  11. all that i know is that the 28 days was going to be up tommorow and when i looked just now on mcol it said they plan to defend, i've found some info on another thread though, so i'll just have to wait for a letter from them. thanks.
  12. southcaver

    defence

    hi everyone, i'm trying to get back £2715 off HSBC, they've just said they are going to defend my claim so what happens now? will it go to court? and how long do things take from here?
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