Essex boy v's HSBC

[Essex boy]

Hi boys and girls.

 

I am wondering whether anyone can tell me whether those claims stayed pending the outcome of OFT legal proceedings can now be re-instigated?

 

I was at the point where a court date had been set (back in September) but received a letter from DG Solicitors on behalf of HSBC. It stated that due to the OFT action, all claims would be stayed awaiting the outcome. Does anyone therefore know if this has been concluded and what the outcome was?

 

Also, the amount I originally claimed will now be greater as the interest will have increased and I have also received more charges (foolish I know). Is it therefore possible for me to claim a revised amount and do I have to start the process again or can I go straight for the jugular and set the court date again?

 

Any advices anyone can give to the above and how I should proceed would be greatly appreciated.

 

Thanks for reading

[BernieR6]

Hi mate I've been outta this game for ages now and have lost trackof it all, last I heard was from Barclays saying they were freezing everything etc.

Reading your post just now, makes me wonder if I have missed a turing point in this issue?

Have I missed something?

[jowalshy]

Hi Essex boy. The test case is not due to start until the middle of January. Did you receive anything from the court to say that your claim was stayed? Unfortunately DG (on behalf of HSBC) sent these letters out stating that the claims are stayed, but really it is not down to them, it is down to the court that is dealing with your claim.

 

Yes the amount would have increased due to the daily interest being added to your claim every day.

 

If you had a court date set, and you received nothing from the courts to say that the claim was stayed, I would give them a quick ring and ask them what is happening with regard to your claim.

 

As for your extra charges, you can start a new claim for these. Adjusting your original claim will depend on how far down the court process you are at.

[BernieR6]

That helps me too Jowalshy cheers

[Castlebest]

Just to add to what Jo said, if you start a new claim for the new charges the court fees will be recoverable with the claim but if you amend your existing claim to include these the fee wont be recoverable because the court will view an amendment as a mistake.

 

best to go with the new claim

 

pete

[Essex boy]

Thanks all for the info. I did receive a letter from the Court to the effect that all claims were being stayed (in fact I think I received this first) and so I guess I'll have to wait to see the outcome of this. Bit of extra cash before christmas would have been nice though.

 

P.S. what do you think likely outcome of the test case will be and what are the chances that I will just receive a cheque from HSBC following the result?

[jowalshy]

IMHO....no one knows for sure as to what the outcome will be, but personally I am hoping for a win on the OFT side (thats if they can persuade the banks to realise their over pricing charges and reduce them to a more realistic cost)