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McEwan v HSBC


Mike McEwan
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Hand delivered my claim to HSBC on 1st Oct 07 (10 days ago) for 4,465.89 but haven't heard anything yet (postal strike is getting in the way). Delivered letter demanding my charges back pluss schedule of charges over the past 6 years.

 

What should I do when the 14 days to reply is up? Any help or advice would be welcome - I find this a daunting task.

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Today I am hand delivering my LBA to the bank (postal strike still causing problems). They never bothered to come back to me. What do i nead to do next? I would like to be well prepared if this goes to court.

 

Any help would be appreciated.

 

Mike

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hi mike - the next stage will be to file your claim with the court 14 days after the LBA. It is recommended you use the N1 (using the new POC)form rather than doing it online (MCOL)

 

its been a while since i gave out this info - hopefully someone will correct me if any of it is out of date

 

im going to find you a link so you can read up on the step by step instructions.

 

Welcome to all newcomers!

 

~~## NEW HSBC POCs ##~~

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Nope that looks fine to me PD ;)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thank you all for your help, especially pinkduches.

 

Presented my LOA to the bank on 15th Oct and am now looking at the next step.

 

My understanding was that all claims below £5,000 would be heard at a Majistrates Court and those in exces of £5,000 at the County Court. If this is the case, is there a N1 POC document for a Majitrates Court? I notice that there is only provision for he County Court on the N1 POC document on the link you provided. - Please could you clarify?

Thanks

Mike

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Thats right PD. The track may be decided at A.Q. stage, if they bother or will go straight to fast track. More info here Mike.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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At the moment I feel like I'm looking into a great big black hole. Confusion reigns. I go to the County Court on the 29th Oct to start proceedings. That's 12 days time and I haven't got a clue what I'm doing!

 

I've read all of the suggested material - N1 POC for HSBC;AQ etc, and I've printed off the associated forms. But I don't know which form to use where and when.

 

Can anybody please tell me -

1. What paperwork do I take to the Count Court on my first visit on the 29th Oct.

2. Do I need to make an apointment or just turn up. if appointment - With who? if turn up - whom do I ask for at the Court?

3 Will I have to pay anything when submiting my claim? If so - how much.

4, Anything else you can think of.

 

These questions may be simpkistic to you but just remmber my larning curve is almost verticle at the moment.

 

Thanks

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1. What paperwork do I take to the Count Court on my first visit on the 29th Oct.

3 copies of N1 + 3 copies of Schedule of Charges

2. Do I need to make an apointment or just turn up. if appointment - With who? if turn up - whom do I ask for at the Court?

No appointment needed

3 Will I have to pay anything when submiting my claim? If so - how much.

Sliding scale dependant on the size of your claim

See here:

Fees

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Receved a letter from HSBC saying -

 

They have recorded my complaint about bank charges and pending legal proceedings between the OFT and the banks they will resolve my complaint as quickly as possible.

 

They go on -

We hope you are happy with thie attached response and that this matter has now been addressed to your satisfaction.

Alternatively, if you wish to escalate your concerns to the next stage, you can write to the Senior Manager of our Service Quality Team.

The Senior Manager

Sevice Quality Team

HSBC Bank plc.

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

If we do not hear from you within the next eight weeks, we will consider the matter resolved.

It looks as though the will be going for a stay. What should I do?

Ignor them and continue with court action.

Wait until the outcome of te OFT v The Banks

 

You coments would be greatly appreciated.

 

Mike

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This is just my opinon Mike, but I would carry on and file at court.

It's up to the court to decide whether or not to 'stay' your case, not the bank.

 

Once you have filed, at least when this test case is out the way, you will be in the front of the queue :D

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I agree with Lex, not only will you be in a prime position to get a settlement once this mess is sorted out you will also be accruing 8% statutory interest on the value of your charges once you have filed your claim with the court, not a bad little savings plan :).

 

pete

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Good luck on the 29th then Mike, let us know how you got on.

 

Lots of new experience's for you Mike, and a reward at the end !! :D

 

Lex

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HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Penfold had a telephone hearing where he put his case forward for removal of his stay, there were a few problems with mislaid paperwork and the judge asked for a few things to be checked so he reserved judgment for the time being.

 

With regard to asking for a stay to be set aside, I think you now may be better off just waiting, hearings are taking between 6 to 12 weeks for the courts to list which means the end of Dec beginning of Jan and IF you win you would then have to wait another 6 to 12 weeks to get a hearing for your case. The test case is due to start on the 14th Jan anyway and I think we will have a much better picture once this is underway.

 

pete

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