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1959pinkpig

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  1. Can someone help please. Sorry this post is so long. I filed my court bundle on 13 August against First Direct, my hearing is set for 28 August. I have read the information about Stays on this site and prepared one to take with me on 28 August, but I have received the following letter today (dated 14 August - the last day for them to supply their court bundle - which has not been received by me) from DG Solicitors. It seems a little unfair that they can apply for a stay without me having a say in the matter. According to the court, the Judge can ask if I have an objection, but he does not have to and can just uphold it without consulting me. Letter reads: "We refer to the above matter. You have referred you aomplain about bank charges for determination in Court. We are confident that HSBC's 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 ("OFT") 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 apply to the Court for an order to stay your action until resolution of the bank's proceedings with the OFT. Given the court case our client has also asked the Financial Ombudsman 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 that rely on the legal issues being considered in the test case. Our client asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complains, and the FSA has agreed to this request subject to conditions that protect your rights. We will keep you updated appropriately abut the proceedings with the OFT. You can also check the latest postion on our client's website at Home: personal, business, online, internet, banking: HSBC Bank UK. We can assure you we have registered and stored your complaint. Please retain you 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. Yours faithfully etc, etc " In the meantime I telephoned the Court, who tell me DG can apply for a Stay which will go before the District Judge and he will decide if he will uphold it and can do so without informing me. I argued with the court manager that I felt I was at a disadvantage should the case be stayed, as I had recently applied for credit and had been turned down twice for no apparent reason. The court manager suggested that I write a letter to the Judge telling him this, and adding any other points, so that he could take it into consideration when he looked at their Stay. Can I send a copy of my credit report and copies of the letters refusing me credit to the District Judge. By not getting this credit, I have to pay an extra £25 in interest per month. I cannot prove I have a black mark against me for credit within the banking industry, because they will not give me the reason why, accept to say I did not match their lending criteria and that this is secret and they do not have to share it with anyone. What else can I put in the letter, I have already closed my bank account.
  2. Hope everything goes well Tuesday - could you let me know which T&Cs you have used for your bundle please. I had an account for about 12 years with FD, and don't know which version to submit with my bundle. Many thanks
  3. Hi ukaviator Thanks for the link to the Murray case, I am printing it off in triplicate now - another tree! My Particulars of Claim did state at 4. "Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money and this totals £301.63 accuring at the dail rate of 0.021% until judgment or payment". So I'm covered for that one - so long ago I had forgotten this - I need a thorough re read of everything now! I used the court bundle from this site, and the witness statement link seems to have sorted out my queries in this area too. Many, many thanks
  4. Hi I am new to the forum and finding it difficult to find my way around. I am due in court at the end of August, so I am just finishing up my Court Bundle. I have downloaded the court bundle and have done three copies of everything, however I am stuck on loads of things still! I am hoping someone out there can help please. I cannot find my terms and conditions for First Direct, I opened my account about 12 years ago, there are no t&cs for First Direct in the library or none I can find anyway. Can I use their T&Cs on their website these are current? I have created a Disclosure list listing my evidence, documents etc, but cannot find the text for Murray v Leisureplay [2005] EWCA Civ 963. Anyone know where I can find it please? I have split it into three areas, do I need to split the documents into these to in addition to numbering everything? I am about to type up a case summary in which I will list what I have done so far to get to this point, is this correct? What is a witness statement is this the same thing as a case summary? I have typed up a stay of procedings objection to take with me on the day, just in case - is this ok? I used MCOL, so I am not sure if FD's solicitors will find my claim too vague. Also, how do I submit my interest and court fee of £120 up to the date of the hearing? I used the calculator on Martin's web site and calculated up until today, but cannot calculate up to the Court date. Should I just submit the new one. My original court document states the old amount, how do I update it? Is there anything else I need to add in to the bundle, I have over 200 pages in each now - hasn't the justice system heard of save a tree? Sorry for the long, long post, but it has been a long haul from January, and I want to make sure I have it right. Any help gratefully received.
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