Hi Hells What a bit of bad luck, I thought at least yours would have gone to the hearing as it looked as if it would or just before! that is when Abbey would have caved in and settled, because they never send in their bundles, because if they did they would have to give their breakdown of their charging regime and copy all the their bundle. I still have not had my date for the hearing since the lift of stay for hardship was transferred to Central London Civil Courts back in November. So I paid my fee for court + $100 allocation questionaire and the £65 for a hearing to lift my stay...... theere is a CPR rule that states that all cases bought to court, that- giving directions should be dealt with quickly and efficiently. Cannot say this has happened in my case and I want to complain about this, just need to know exactly who to complain to! I just think the courts are all holding back to find out the result of the test case before they proceed, but if the banks loose they will no doubt appeal if they win it is gooodbye claim! :-x DSxx

Si, my thoughts are with you at this time. I know everyone on this thread will want to wish you a very happy xmas and a great new year. with love DSxx

MTM, That was the inference in your post, if that is not the case I apologise for jumping to conclusions. DSxx

Why are you saying that I do not have a sense of humour AGAIN?!....MTM, afterall it takes two to tango!! DSxx

The choice is yours MTM

You have a point there. Dsxx

Here is my Tuttsi..

My Tuttsi is a cat...LOL dsxx

Are you still harping on with that old line...... dsxx

Why WATFORD what is wrong with BEDFORD dsxx

I agree that you should write again to HSBC. As far as I know the FOS are handling only hardship claims but very slowly. I have been given a case worker but have not yet had any feedback. I still think it is worth in your situation contacting the FOS.... what do you have to loose! at least your claim will be in progress and in the pipeline, whereas now you are not registered for a claim and I think you should be. I wish you all the best DS

BBC NEWS | UK | Banks 'prey on customers in debt' I read this BBC article this morning and I believe it is regarding HSBC, you may find this of interest to you. I still think it is worth writing to your bank advising them of your situation and then take it from there. By this time we should know the outcome of the 1st round of the test case, as I am sure if the banks lose they will go to appeal. But the sooner you put your claim into court the better, as it would be protection for you that your claim is in the sytem and that it will be given some priority after the test case. You may just consider putting your claim through the Financial Onbusdsman (FOS), that will cost you nothing and that is in your situation may be worth considering. You can download the complaint form from their site. It would have to be on the hardship angle and that together with your medical condition they should then take all this into consideration. At least this will not cost anything and a claim will be in progress. You will also need to send them the letter which you received from them and I still think you should also write as I suggested in a previous thread to HSBC advising them of your medical condition at present and your financial hardship to see if they will pay out on your claim. DS

If you are on benefits you may be exempt from court fees. If you do decide to go the court route complete an N1 form and not a claim on line as all these are definately being stayed no matter what. Also, if I was completing a N1 claim now, I would include the hardship angle as a direct result of the charges being applied to your account. DS

http://www.consumeractiongroup.co.uk/forum/abbey-bank/100470-my-story-simon-sh-new-post.html Take a look at this case, Abbey recently paid out on financial and medical grounds, see if there is any mileage in how he got his claim paid and if this can be applied to you and your bank! It is I am afraid a very very very long thread as Simon has a very large following, and it does portray the ups and down of his own situation. It is always worth reading these cases and then to see if this could apply to you. DS

I agree with Car, the judges are picking up on the templated applications and with the test case being here in just 3/4 weeks time, the district judges do not want to make any decisions in respect of hardship, but there are some courts that are still hearing cases!. The only other route is the FOS, they are dealing with hardship cases, but IMHO, they are very slow and the chances are that they will not now be able to deal these cases untill after the test case. My case has been with them since November and I have heard nothing. My own hardship case has been transferred from Barnet CC to Central London to be heard on a bulk basis and so far I have not received a date for this hearing and this has been going on since November, It may be worth a letter as Car states, but in addition I would also send it to your bank and a copy to the courts stating why they shoud reconsider your case as it is one of hardship. I would also enclose with that letter proof of your hardship, ie Mortgage/Rent arrears, Council Tax arrears and any other arrears that you have also the reasons why you are in arrears, ie illness etc.. Everything is worthy of a try, but may not get any reaction from your bank or court as they really do not want to pay out at this time or at least untill after the outcome of the test case. Good luck and keep us advised on what you decide to do. Ds

Hi Spurs9, Have you sent a PM to one of the Moderators for some help! Zoot scoot is normally very good and I am sure she will advise. DS

Hi Spurs9 I see you already have your date for a hearing on 4th January 2008, I have not heard yet!! It was unfortunate I was not able to watch the match yesterday but understood it was a great result for Spurs. Although I am a Spurs fan and have been for many many years, with my job I work I meet Footballers and had met Mikah Richards recently, he plays for Man City. DS

Intregued what is the redemption code! DS

Hi Knelly How are you and the knitting going. It looks like your document is extremely similar to the Canterbury Judgement which was held in Aug on 4 hardship claims. The Civil Judge in these cases also picked up the fact that two of the claimaints had used an internet site for their skeleton argument. My case has now on hardship grounds been transferred to Central London CC and will be heard by Civil Judge Collins - he is a senior Judge and has requested a whole batch of cases to be transferred to his court which he will hear in bulk. So far no date has been set and I have been left high and dry. My complaint to the FOS has gone extremely quiet.... no change there then. Abbey, do not feel that they even owe it to me to listen to my hardship grounds....so hun we are pretty much on hold untill after the test case as no Judge is going to make a decision now about these claims. Lets just hope that the test case is conclusive enough for us all to have our stays lifted at the end of January 08. All Abbey have to do in my opinion is to give us a complete breakdown of our charges, this is what we have all been requesting since DAY 1, had they had done that many of these claims would have long been settled. They must of by now given this info to the OFT as I believe this was part of the condition for this test case. Unfortunately, this has not been published, I wonder if someone knows how to get hold of these documents from all the five banks concerned. Keep your pecker up. DSxx

Thanks Paul It was just a thought and as long as peeps like you are there when needed with this valuable info then I accept what you are saying. Regards DS

Paul, could this AQ be a sticky in this forum or be in the template library as I am sure that this AQ would benefit loads of peeps who find themselves in this situation with the courts, and as CAR says, this would have to be tweeked for individual cases. Thanks DS

But do CL Finance know that you have the default notice, have you admitted this to them. I would dispute it and ask the courts for documentary evidence that it exsist and that it was served correctly. This is just my opinion and anything that you can throw a spanner into the works the better it is for your o/h. DS

CL Finance took my hubby to court for payment of his Debenhams account. Hubby also received a judgement but had never received the default notice. The DJ picked this up and requested that CL Finance provide the court with a true copy of the default notice and proof that their client had sent one. They supplied a copy of a default which was not a true copy it was a made up something or other. They also could not provide the court with proof that the document had been sent and the DJ struck out their claim in it's entirety. So, you should be able to get the court to get this struck out if they have not been able to provide you with proper documentation. Good Luck, although I am sure that you will not need it. Ds

After months of being chased and threatened by CAPQUEST they have finally conceded defeat and they are now passing the so called debt back to the Halifax. Having told me they purchased the debt it appears that they are now passing this back to their client. They apparently bought a lemon! Do not let this company intimidate you, stick to your guns and never admit that you owe them any money. I am now looking forward to dealing with Halifax as I have discovered 10+ years of bank charges and as soon as the OFT case is concluded or before depending on Halifax, I will be going for them big time. DS

Thank MTM Pleased I changed it then. DS