there were difference with mbna and hsbc , I think mbna were on dodgy ground from the outset due to the way it was laid out, and they paid out without much fight. I'm just glad its finished now, as it was getting me down.

Had the hearing today at court. they turned up with a solicitor, counsel and witnesses. should have started at 10am but ended up 11.40 before we went in. for 2 hours it was mainly the their argument for striking out due to limitations act, then it went on to my witness statement and them asking me questions and catching me out with diffeneces on what I said in POCs/ witness statement and the evidence. I had used certain items in my POCs which got kicked out staright away like FSA handbook and consumer credit act, so ended up just being a misrepresentaion case. I had relied on clauses from other POCs which I didn't really understand, and they blew them appart. Then the judge called lunch for 1 hour. On return the judge said that she had been reading everything again, and ruled against me due to lack of evidence for a misrepresentation case. they tried to claim their costs by saying I had acted unreasonable by bringing the claim against them, but she ruled against that. so that is than, lost, but no (further) costs. I would advise anyone thinking of going the court route, to think carfully and be 100% sure that you have a good case. Mine in hindsight was weak. I kept going think (dut to others on here) thinking they they would settle before the hearing, and it would cost them too much to defend etc, but as is now been proved they have unlimited resources, and they are not bothered about what it costs them. They will fight you all they way. Maybe this is just hsbc, as MBNA paid me out before court.

only hsbc are being unreasonable in their conduct for this case.

one of the judges directions is "costs in the application" what does this mean?

the bit i am little confused on: (with respect to the limitations act) is it a mistake or misrepresentation or both?

is it bound to fail as they say?

this is their argument:

yes

what was the recent high court case that has been in the media where the banks are now having to pay back ppi? any links for this?

Nothing, they are fighting all the way

just had a letter this morning with their costs of 7k that they say they will recover if they win. Can they do this? they have also sent 3 past cases in high court about failed mis selling claims, all about misrepresentation. these are: black horse ltd v david and caroline speak barry robinson soulsby v firstplus financial group observations by judge waksman qc in Manchester county court HELP!!

yep small claims as was for 3k, but HSBC were trying to claim their costs from me. Court monday for the main hearing.

Update - Witness statement received from HSBC today. This was signed by an employee of hsbc who worked in my branch at the time of the loan was taken out, but now works at a different branch. Thing is that it didn't happen at that branch but at a branch near where I worked! anyway, court date is end of july, and I think there is no way they will settle before court, they will be fighting this all the way, so a word of warning to others fighting against HSBC, they are no push overs, and be prepared to go all the way with them. In hindsight, I wouldn't have done this if I knew how much work and money it was going to cost me, and I only took it on after mbna paid out so easily on a different loan.

this was in my witness statement, but they missed the deadline with theirs, so they applied to strike out my claim instead, which the court heard yesterday. so the above case didn't get raised. The costs are broken down @ £100 per hour for their timeplus letters and phone calls at 10 each.most of the costs were for the striking out.They had applied for judge to order these, but this was declined.

another letter received today from HSBC, a schedule listing their costs which they are claiming from me at £2500.00, and this is meant to be small claims court?

Went to court today for the hearing to decide if to strike out my claim, just about to walk in and was approached by HSBC legal man and he asked if I had received their Skeleton Argument? I hadn't so he gave me a copy, excellent, no time to read it and in we go.. This was it: So in the end the judge was really not happy with them and the fact they had only given this to me there and then, and also they had not followed the previous directions from the judge and not submitted their witness statement, yet they got let off and was told to submit it within the next 2 weeks. Argued about it being a mistake etc. Not stuck out either way and case adjurned to July.....(which was the main court hearing date anyway) The judge said that the full day would be required in court.

quick update, going to court on Monday on the limitation act bit. see if they turn up this time.....

update - Received an appliaction for the case to be struck out from the court with their witness statement attached. (Note they missed the courts deadline for submitting the witness statement). No response to the letter I sent to the court. Rang the court and they didn't really say much. There is now a hearing for this bit in June. The want it struck off due to limitations act and all their costs to be PAID BY ME. WTF? I think its out of order that the bank/solicitor can act like this and get away with it. I have a bad feeling about this.

Thank you

These were in my witness statement

Yep at 8%

Just over £3k

I Really do need some good advice on this now: I have today received from hSBC their witness statement and an application from them to have my claim struck out due to limitations act. This has been sent AFTER the courts deadline of the 15th for having the witness statements in. I bet this is a result of them receiving mine which I sent them on 14th. They have dated theirs 1st march, and the application form the 15th, yet the post mark on the evelope is 16th! and the courts direct say all parties have to receive this before 4pm 15th march. they have also asked for thier costs in the application. what is going on?

Spoke to the court and they havn't submitted a witness statement or supporting documents to be relied on in court as per the judges orders. I asked what to do now, and the court said to write in to the court. So I have asked for thier defence to be striked out due to them not following directions. (not just this one either). See what happens now....

witness statement deadline was 4pm today and didn't receive anything from HSBC, so they have not complied with the courts directions. I will check with the court tomorow to see if they received anything. What now? can I apply to the court for any action? or will they throw out the defence? what happens?