I am in a similar situation and I have a hearing on 3rd June. I applied to the court to have stay lifted using form N244 (I was not charged a fee) on the grounds of 1) the Human Rights Act (HRA)(Right to a hearing within a reasonable time) and 2) Hardship grounds, on the basis that HSBC were reclaiming my overdraft and were continuing to charge me interest, on an amount that in the majority consisted of overdraft charges. Was your claim stayed indefinately, or until a specific date. Mine was stayed until 31 March and this might be why I was granted a hearing however the HRA and the hardship case should stilll apply regardless? Also, the OFT/Financial Ombudsman service as part of the waiver terms, agreed that the banks must deal with hardship cases. Anyway, I'll dig out the wording that I used and I will post onto the system - there are also some excellent far more detailed specimen applications on this site. Good luck!

THANK YOU FOR YOUR REPLY. Stay granted on 24 August 2007, expired 31 March 2008. Is this a straight current account penalty charges claim? YES, IT IS FOR TWO PERSONAL HSBC ACCOUNTS, THEY ARE NOT BUSINESS ACCOUNTS. IT IS A STRAIGHT CLAIM FOR CHARGES TOTALLING c1,500 2) I applied on 15th April to lift the stay. What grounds did you use in your stay removal application? HUMAN RIGHTS ACT (REASONABLE TIME FOR A FAIR TRIAL) ALSO HARDSHIP ON GROUNDS THAT HSBC HAVE RECALLED MY OVERDRAFT AND ARE CHARGING ME INTEREST >20% P/A AND HAVE PUT MARKS ON MY CREDIT FILE. ALSO THAT ORIGINAL STAY EXPIRED ON 31 MARCH 2008 and I COMMENTED TO JUDGE ON 9th MAY THAT IF THE INTENTION OF THE ORIGINAL JUDGE WERE TO STAY UNTIL FINAL OFT APPEAL HEARING THEN HE WOULD HAVE SAID SO. 3)30 minuted earing granted for 9th May. Following this hearing (at which HSBC sent Counsel, who arrived four hours early!) matter has been listed for two hour hearing on 3rd June. Can you post the court directions/orders you have received? or type out that bit of the court notice? I HAVE NOT RECEIVED ANY DIRECTIONS. THIS HEARING WAS GRANTED AND SCHEDULED BY JUDGE VERBALLY AFTER HE HAD HEARD ME on 9th MAY. I WILL POST DIRECTIONS ONCE I HAVE RECEIVED THROUGH POST. I AM UNCERTAIN WHETHER THIS HEARING IS TO ACTUALLY TRY THE ISSUE OF BANK CHARGES (UNLIKELY??) OR TO HEAR FURTHER EVIDENCE THAT THE STAY SHOULD BE LIFTED. FOR COMPLETENESS, THE 9th MAY WAS AT TWO o CLOCK, AND WAS SCHEDULED FOR 30 mins. HOWEVER THEIR BARRISTER TURNED UP AND TEN o Clock AND WAS HEARD IN MY ABSCENCE, FOLLOWING WHICH STAY WAS NOT LIFTED. WHEN I TURNED UP AT two o clock JUDGE REALISED THAT HE HAD HEARD IN ERROR In MY ABSCENCE,(THE COURT PAPERS ALL SHOWED 2pm) AND AGREED TO HEAR ME. HAVING HEARD ME HE RULED THAT THERE WAS A CASE FOR HSBC TO ANSWER (BUT DID NOT SAY WHETHER HE WOULD HEAR ACTUAL UNDERLYING CLAIM) PARTICULARLY WITH THE INTEREST ETC BEING ADDED AND ALSO ON THE HUMAN RIGHTS ACT. HE SET ASIDE HIS EARLIER RULING AND LISTED THE MATTER FOR A TWO HOUR HEARING AT EARLIEST OPPORTUNITY. HE TELEPHONED HIS CLERK AND THE NEXT AVAILABLE DATE WAS 2nd JUNE, and was listed for this date. 4) Next day following 9th May hearing received seven day notice of court proceedings from HSBC in respect of overdraft of 4k (which is more than 70% made up of their charges and interest thereon) Can you give us a bit more detail of exactly what HSBC have said? YES, THEY HAVE BEEN CALLING ME REPEATIDLY AND WRITING DEMANDING REPAYMENT. ON SATURDAY 10th May, THE DAY AFTER MY HEARING, THEY WROTE WITH A SEVEN DAY REPAYMENT NOTICE, STATING THEY WOULD BE TAKING ME VIA SOLCITORS/TO COURT UNLESS I REPAID OVERDRAFT. THEY ENCLOSED A VERY DETAILED FINANCIAL QUESTIONAIRIRE, WHICH I WILL NOT BE COMPLETING. I HAVE CALLED THEM TO DISCUSS ( PERHAPS UNWISELY) AND OFFERED THEM pounds 100 per month, WHICH THEY REFUSED. THEY REFUSE TO HOLD INTEREST AND SAY THAT THEY WILL CONTINUE WITH ACTION REGARDLESS OF COURT CLAIMS. TOTAL OVERDRAFT 4.0K, MADE UP OF - CHARGES 1,600, INTEREST THEREON, ABOUT 700-1000,

Hello all, 1) Stay granted on 24 August 2007, expired 31 March 2008. 2) I applied on 15th April to lift the stay. 3)30 minuted earing granted for 9th May. Following this hearing (at which HSBC sent Counsel, who arrived four hours early!) matter has been listed for two hour hearing on 3rd June. 4) Next day following 9th May hearing received seven day notice of court proceedings from HSBC in respect of overdraft of 4k (which is more than 70% made up of their charges and interest thereon) Any ideas on how I should approach this hearing? I am uncertain as to whether the 2 hours is for a full hearing of just to consider again the stay. I want the court at the very least to order the bank to stop charging and cease collection activity pending the Test Case. Also my claim relates solely to matters arising before December 2006, i.e the historical conditions, which I understand might yet be penalties. Any comments/advice greatfully appreciated.

Hi A similar thing has happened to me. I obtained Judgment against HSBC (in default) on 13 August. I contacted the bank and DG who treated with complete contempt by failing to answer my letters of correspondence requesting payment. I then obtained a warrant on the 22 August. DG then sent a fax to the court asking that they judgment be set aside and the case be stayed, both of which were done without a hearing. DG's memo to the court (no proper application was filed)stated that the judgment was only granted due to a computer error which meant that their acknowledgement of service had not been recognised. Total crap and even if the acknowledgement of service had indeed not been recognised the time limit for the defence was still 12 August being 28 days from claim. IMHO what has happened here is a breach of Civil Practice Rules and I have written to the court and DG Solicitors. To top it all, my claim is a business charge claim which in any event may not be covered by the OFT case in any event. Thoughts welcome, plus my sympathy for your position and everyone else who is being treated this way.

Yes, I have three claims against HSBC. 1) Being heard in local county court in a couple of weeks time.(Personal account) 2) Business account - defended and stayed (via money claim online) 3) Business Account - initially defended, no docs provided by other side, I got fobbed off once too often and so I requested and obtained Judgment. I have notified the bank of my judgment but got fobbed off againhence my sarcastic letter. I hope they don't apply for it to be overturned however I believe I will have a strong argument against this happening. (they cannot say they weren't aware, plenty of time to defend etc). I would love to send the Baliffs in not only to get my money but also for the morale boost this might give..

Claim number 7QT42155 Once I have my money I will of course make a donation. I understand that 5% is the norm, but if more is the norm please let me know. Thank you to everyone who has assisted.

Hi All I could not resist this letter to HSBC following my obtaining Judgment. Dear Sir County Court Judgment I refer to the County Court Judgment that Her Majesty’s Courts have awarded in my favour, against HSBC bank which to date remains unsatisfied. Unless I receive full payment, by cheque within the next 7 days to the above address then I will such take action, as I deem necessary, to recover these monies from you together with further costs. Such action will be taken without further notice to you and subject to their legality at this time will include the following. - A petition for Bankruptcy or Winding up. - Complaints to the appropriate authority including bank Officers’ and Directors respective professional bodies, asking that they investigate. - Requesting that you attend court to discuss your financial means. - Turning up at your place of business and causing you embarrassment. - Applications to the appropriate authority for your banking licence to be revoked. - Enforcement through bailiff action at your place of business during working hours. - Placing a charging order against your assets. Such action may make it difficult for your organisation to obtain credit. Subject to my normal credit scoring procedures and an arrangement fee of £100 + interest, then I may be prepared to accept instalment payments. Throughout this whole process and despite my efforts to resolve it in a fair and professional manner you have treatment my claim with complete contempt and attempted to bully and intimidate me in to dropping my action. However, if you are experiencing financial difficulties through for example unexpected Job Loss or Severe Illness or unavoidable family problems then please contact me, and ostensibly I will promise to assist however I in reality will find a way of extorting further money from you. I will call you late at night, at home, on your mobile phone and request that you make immediate deposits whilst at the same time doubling the interest rate and charges applied, as per my terms and conditions, which you have never seen, and are subject to my unilateral alteration without notice to you. Alternatively you can contact your local Citizens Advice Bureau, whereupon you may find people very willing to immediately settle Out of Court their grievances with the bank. I have charged you a further £35 for the service provided of writing this letter and unless this is also paid within the next 10 days then I shall make a further claim via the County Court in respect of these losses that you have caused me. I hope this makes the position clear, however to assist you further I enclose the literature “the Theft Act 1978” and “County Courts – Paying Your Judgment” You can telephone me to confirm my safe receipt of these funds, my telephone number is “The Worlds Local Bank, Bangalore, 666” I look forward to receiving the sum of £616.24 by return, being the amount of the outstanding Court Judgment plus the £35 costs for my service in writing this letter. Remember, I am here to help. Yours faithfully

Hi All I have today obtained judgment against HSBC (in default). How long do I have to wait before they pay my money?

Hello All I have a hearing in Bromley on Friday, against HSBC. I have already submitted my bundle, and (surprise surprise) have not received any papers from DG, except a letter saying that they would be requesting a stay. Just going through my old papers in anticipation of the battle ahead, and note that on a couple of ocassions going back to 2003 I have called HSBC re my charges and they told me that they were applied because "I had failed to keep to the terms and conditions of my account". I have loose scribbles re this but if I were to type up and then bring on Friday might they be accepted as further evidence?

HSBC Business Account - Judgment by default for £506 + costs Claim 7ST 62517 Will of course make a donation once I have received funds.

Dear All I have just spoken to DG solicitors - Jason Newbold, who advised me that they are definately requesting a Stay for all claimants in Bromley County Court on 24th August. Aside from the arguments against granting a stay, can we apply say on Tuesday for the defence to be struck out in view of their failure to supply documents within the prescribed 14 day time limit. Also, any ideas on what arguments to present to the judge to convince him not to stay the case.

Hi helpless vs HSBC Claim No - 7QZ43744 - Bromley County Court Claim £1250 + costs

Noddy I have a case that is being heard at Bromley on 24th August, the same as a number of other people I believe. Being the eternal pessimist, should the case actually be heard, and should the judge actually give judgment against us, would there be grounds for an appeal on the basis of the Test Case and, if so, is there anything that one could bring to the court on the 24th in readiness to cover against this, albeit unlikely) eventuality.? Kind regards H

Yes, I am 24th August too. Will post the court directions on to the system this week..... Noddy, yes, thanks it would be helpful to have the court bundle PDF's/ Finally, does anyone know how to donate to this site. I received a small sum from First Direct thanks to this forum and would like to contribute

Hi Has anyone received a notice of hearing at Bromley County Court for August. I have and I telephoned the court who informed me that they expected the bank to settle in advance of the date. On this basis, can we apply for the defence to be struck out as an abuse of process?