HSBC vs SupermanX-Victory after OFT

[SupermanX]

I would like to thank everyone on this site for their valuable advise and help. Without this site it would have been a lot harder to fight the banks.

 

My special thanks to;

 

lateralus, rob-the-viking,freakyleaky and castlebest.

 

My court date was last week, the judge rejected the HSBC's attempts to stay. HSBC's solicitor decided to withdraw their representation once the stay was rejected and I won by default.

 

What was quite helpfull in my case against their attempt for stay which i would recommend is that one should emphasis and point out to the judge D&G's delaying behaviour during the claim; missing deadlines, showing no respect to the court procedures & the court's authority, wasting court's time etc....

 

Their solicitor was claiming that i didn't send my court bundle and they didn't receive an objection letter from me to their intention to apply for a stay. I was lucky that i had sent all my vital documents recorded to D&G, I produced those at court-Very useful

 

My total claim is 1975.01 pounds, I also managed to claim the following;

 

postage, interest @8%, transport, bundle preparations (printing costs @20p per page).

 

Make sure you have the breakdown of your costs as well as your total amount when you are at court, it is easy to forget items to claim...

 

I will be making a donation to this site.

 

Good luck everyone

SupermanX

[pinkduchess]

well done - an excellent result. good advice too

[Castlebest]

Well done superman you lived up to your name

 

if you dont mind can you PM me your claim number and the court you were at to add to the list of claims settled after the FSA waiver for use by future claimants thank you

 

and again very well done

 

pete

[jowalshy]

Excellent news. Well done.. As Pete has said could we possibly have your claim details eg Claim Ref No. and the name of the court that was dealing with your claim, so that I can add it to the list of settled claims.

 

Congratulations

 

JW

[SupermanX]

The court was the Mayor's & City of London County Court, my claim number is 7MY03063.

 

HSBC have also now credited my current account.

 

SupermanX

[jowalshy]

Many thanks..

[dizzybizzy]

Hello and well done, you are one of the few,how did you argue the case, what did you put together in writing to present,lots of us are at trying to fight the stay you won,great,majority dont,what so different re your case, it would be great for you to write up the arguement on the day or as you have given claim no, can this/transcript be got onlinie, if so how so, it is so rewarding to hear your success this inf from you could assist thousands of us, me am at court again this friday for a 2hour time slot to hear/discuss the stay.

Terrified, with the problems to date, you could help me AND L;OTS OF OTHERS.

DIZZY BIZZY

[Castlebest]

Superman's court had struck out the defence due to abuse of process (DG Solicitors had yet again ignored the court and missed deadlines to submit their doucumnets)

 

we have had a few successes along these lines but it does depend on DG's lack of response to the courts directions.

 

pete

[mrblue]

I second dizzybizzy, would realy like to hear what happened in as much detail as I'm in court in a fortnight today and hoping for some strong arguements to lodge.

 

Also be interested to hear how you managed to claim costs and what form you submitted for that.

 

Thanks

[dizzybizzy]

thanks for the feedback, but what did dg miss to do, it seems they do/have not done much rgarding the courts and got away, they did not send in a bundle to the court by the said deadline in my case and seemingly most of all the others or did they, when i found out they had not and before the court date i wrote in to the courts and asked to be "struck out" heard nothing went to court in front of the judge she said doesnt matter they will or would have argued the points of law, my case was about 8 days after the oft filing of court, she wanted to move onto the stay i objected, not enough time to duiscuss, resheduled for this friday for TWO HOURS !!

so should they have sent a bundle in to court as me by the date, if yes why was it not struck out, is this not an abuse of process.

spoke to the court today to try and get copies of case, impossible, but given a little info"judgement given by default"

i am also told that a "lay representative"casnnot represent the claimant.

 

would be very pleased to receive any/all comments as within this.

[dizzybizzy]

Castlebest thanks for the response above, have watched you and your colleagues for months, my thanks, only due to you lot giving the support you have/do are we able to "go forth" me us on computers, i try.

 

you say have had some success on the way, you have done great, anyone able to give more success claim no's SINCE the oft filing to assist me,thanks. dizzy bizzy

[freakyleaky]

Claim details post OFT

[dizzybizzy]

freaky leaky, thanks for that, it helps me. can you healp re lay representative, to represent another at court with/for the individual, am told a mckenzie rep/friend cannot but just assist, lay representative can i was told but told by judge NO.i have after hours found a reference to "CPR 27 Representation at a hearing" but cannot find a reference to CPR, please can you or anyone help me asap. dizzy bizzy