OK thanks both. Ive missed the original court date now which is tomorrow and am going to leave it until jan/feb to see what happens. That said I am detrmined that they cannot be allowed to get away with this.

Hi the day after adding to this thread, i received a letter from DG stating: "we are confident that HSBCs charges are fair, transparent and lawful. since you filed your claim in Court, HSBC(along with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. we will be applying to the court for an order to stay you action until resolution of the bank poceedings with the OFT. Given the Court case our client has also asked the Financial Omnbudsman Service (FOS) not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. our client has asked the Financial Servces Authority to suspend the normal timetable for dealing with bank charges complaints and the FSA has agreed to this request subject to conditions that protect your rights. we will keep youy updated appropriately about the proceedings with the OFT. you can also check the latest position on our clients website at hsbc.co.uk. we can assure you we have registered and stored your complaint. please retain your bank records as this will make it easier for you to support your complaint on resolution of the test case. once the legal proceedings between the OFT and the banks finish our client will resolve your complaint as quickly as possible. As a general matter we will ensure that your claim will not be adversely affected by the stay of your court proceedings" I then received a letter from Cardiff County Court the follwing day stating: "Before His Honour Judge G Hickinbottom sitting at Cardiff County Court, Cardiff Civil Justice Centre, 2 Park Street, Cardiff. Upon neither party attending, Upon reading the file and upon it appearing that the issues in this case are to be considered in litigation currently before the Commercial Court (20074 Folio 1196) It is Ordered that: 1. The cliam be stayed with imediate effect pending the ultimate determination of the Commercial Court litigation. 2. Permission to apply to lift the stay. any application shall (i)be made on notice to all other parties, (ii)include reasons why this claim should proceed before the ultimate detrmination of the Commercial Court litigation and (iii) shall be reserved to the Designated Civil Judge (unless specifically released by him) 3. Unless the court has given directions in the meantime the defendant shall upon notice to the claimant apply for directions within 3 months of the ultimate determination of the Commercial Court litigation. 4. The hearing listed for 14th august 2007 has been vacated. page 2: "Bank Charges Letter In this claim you are pursuing a bank on the basis that the terms and conditions under which charges have been imposed upon you by the bank are unfair within the meaning of the Unfair Contract Terms in Consumer Contracts Regulations 1999 and/or constitute unenforceable penalties.On 25 july a number of the larger banks entered into an agreement with the Office of Fair Trading and the Financial Services Authority under which proceedings would be commenced by 27 july and pursued expeditiously in the Commmercial Court to determine on a test case basis these very issues. David Steele J has been assigned to handle the Commercial Court litigation and on 30 july at a case management conference he issued directions with a tight timetable with a view to the issues being tried in jan/feb 2008. The Commercial Court litigation has been designed to ensure that the isseus are dealt with expeditiously fairly and in an orderly manner. it is likely the the litigation with either determine or at least give considerable guidance to the outstanding individual cases, including your claim. in the circumstances the Designated Civil Judge for Wales is anxious that parties to individual claims in Wales are not put to unecessary costs until the outcome of the Commercial Court litigation is known. therefore in relation to your claim he has made an order on the courts own motion that the case be stayed with immediate effect , pending the ultimate outcome of the Commercial Court litigation (inlcuding any appeals that may be made). Of course if either you (or the bank to whom i am sending a copy of this letter) consider that irrespective of the Commercial Court litigation, this individual claim should proceed now then you may apply to the judge for the stay to be lifted. any apllication should set out why this individual action should be allowed to proceed now, given the Commercial Court litiagtion has been designed to determine the issues which apparently lie between the parties in your case. In any event, the judge will issue further directions in this case once the Commerical Court litiagtion has been determined" Has anyone else come across these kind of letters? I have mixed emotions about the response from the court and wonder whether i can forget getting any of my money back? Can anyone tell me if this is a common response from DG and courts at the moment? thanks

Hi Im starting to get nervous again now. I have sent off the draft order for direction to the judge and also a copy of it in a letter to dg. I posted these on 19th July 2007 and have not heard anything from either party. Tomorrow will be 14 WORKING days since the letter was sent. (Granted the letter would not have arrived with them until at least 20th July, making Thusday, 14 working days). Is this normal at this stage and is there anything i should now be doing to prepare for the court date originally given as 14th August? Please can someone advise? many thanks

ok thanks for replying. Id posted the letters off to court and DG (recorded delivery of course) before seeing your reply, so Im glad you advise to go ahead anyway. I just hope with the postal strike at moment that any replies are not too long coming. Im so impressed with this site and the level of support that people are prepared to offer.

thats so helpful lat. Ive typed up my letters and kept copies. Post office - here i come tomorrow. Thanks for this help. I'll keep you posted with updates and I'll no doubt be in need of further advice, if thats ok. Thanks again.

Thanks for your help. To be honest I read that thread and felt a little confused. I suppose im looking for somone who has gone through the exact same situation. thanks again

Hi there can someone help?? this is the first time ive used this forum and hope Im asking this advice using the correct process. Im claiming two seperate amounts from HSBC, £16K and £1500, for ridiculous business banking charges. Im at the stage now where Ive had a 'General Form of Judgement or Order' letter for each case number. This says the case is: "Before district judge at cardiff county court... Upon neither party attending It is ordered that 1. Directions will be given by the designated Civil Judge on 14/8/07...2. The parties may appear in perosn or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing." I suppose this whole thing is starting to get more serious now and im a bit worried that my lack of knowledge/confidence in this will lead to my downfall. Would you please advise me whether it is best I attend in person or make written reps? and either way what preparations do i need to make to attend / write? cheers :?

Hi there can someone help?? this is the first time ive used this forum and hope Im asking this advice using the correct process. Im claiming two seperate amounts from HSBC, £16K and £1500, for ridiculous business banking charges. Im at the stage now where Ive had a 'General Form of Judgement or Order' letter for each case number. This says the case is: "Before district judge at cardiff county court... Upon neither party attending It is ordered that 1. Directions will be given by the designated Civil Judge on 14/8/07...2. The parties may appear in perosn or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing." I suppose this whole thing is starting to get more serious now and im a bit worried that my lack of knowledge/confidence in this will lead to my downfall. Would you please advise me whether it is best I attend in person or make written reps? and either way what preparations do i need to make to attend / write? cheers