HSBCDML Vs HSBC: Round 2

[HSBC_Destroyed_My_Life]

Ok so are a lot of hsbc cases getting stayed currently?

 

If my case does get stayed - will my case get seen to quickly (as a priority) after the test case?

[johnnymitch]

Ok so are a lot of hsbc cases getting stayed currently?

 

If my case does get stayed - will my case get seen to quickly (as a priority) after the test case?

 

 

Only about 99.9999999999999% of them - !!!!!!

 

Your case will be in with all the others which are stayed - probably dealt with in date order......... so don't hold your breath,

 

But - IMHO - it'll be quicker than not being in the court system at all, because the courts will want their backlog cleared ASAP.

[freakyleaky]

 

because the courts will want their backlog cleared ASAP.

 

You reckon? Seems to me the courts thrive on a massive backlog of cases and they don't give a damn how long people are waiting.

 

But I admire your optimism Johnny!

[HSBC_Destroyed_My_Life]

Thanks to everyone who's replied so far. I really appreciate it.

 

My AQ has just turned up today and has to be submitted to the court by 05/05/08

 

Do you have any advice or tips for completing one of these?

 

Cheers

[Castlebest]

Hiya HSBCDML here are the guidance notes for completing an AQ

 

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

 

I think Latties AQ thread is still about somewhere too

 

pete

[johnnymitch]

Is this the one you're looking for?

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=Completion+of+AQ#post695176

 

Not sure how relevant this next one is these days....... but for what it's worth ...

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html?highlight=Completion+of+AQ#post614440

[HSBC_Destroyed_My_Life]

Hi Thanks for the AQ help. I just filled it in, attached the draft directions and submitted it to the court this lunch time cheers

[HSBC_Destroyed_My_Life]

I recieved an ORDER from the court yesterday saying that my claim is stayed now untill further order.

 

So I take it that now I just have to wait for the final decision of the test case untill anything happens.

 

Or is there anything proactive that I can do to help my case in the meantime?

[Castlebest]

Hiya HSBCDML, at the moment we are all sitting watching the interest build on our claims but that may change on Friday.

 

There is a test case, case management hearing where both sides have to give their response to HH Justice Smith's judgment and state their intentions of how they wish to proceed.

This should cover queries about the judgment itself and any appeals either side want to make, also the question of the stays should be raised .

 

Watch this space .

 

pete

[patrickq1]

urgent help needed on this thread pete if you can be of assistance

patrickq1

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/145272-am-i-too-late.html#post1531065

[HSBC_Destroyed_My_Life]

Hi, as I posted above my case has been stayed by the court.

 

However in light of the recent court hearing (in which I believe the banks actually lost), I'm interested to know what effect this has on my situation?

 

And most importantly what do I now have to do to reclaim my money?!?

 

Can someone please advise me on what to do?

 

Thanks

 

Phil

[johnnymitch]

Hi HDML, welcome back - the situation is still much the same I'm afraid - The learned judge has not made a final decision yet and the banks are still charging with impunity whilst our claims are 'stayed' by the courts .

 

I think this is probably about the latest bulletin on it, unless someone can come up with something more recent.........

 

Extension of Waiver by FSA

 

http://news.bbc.co.uk/1/hi/business/7517244.stm

So just a case of wait and see as usual ..........

[johnnymitch]

On a more cheerful note - the 8% interest is building up nicely , which is why it was important to get to the 'Stayed in Court' stage - you don't get that rate of interest from many sources these days LOL!

[HSBC_Destroyed_My_Life]

I'm currently sorting out a debt management plan with CCCS (Consumer Credit Counselling Service - Charity). During my Phone Consultation with them, I mentioned that I was in the process of claiming my charges back from HSBC, however my case has been stayed.

The Counseller said that in some cases - people who have proved that they are in Financial Hardship (i.e me) have been successful in reclaiming their charges from the bank.

 

Please can you advise me on how to proceed with my claim now that I have found myself in financial Hardship.

 

Thanks for you help

[johnnymitch]

Hi HSBC DML

 

This may help you to put a 'Hardship ' claim together - but even with the new guidelines it's very difficult to get HSBC to treat cases as 'Hardship' . You'll probably have to appeal to the FOS........

 

The banking code as revised in March offered new guidelines on the question of financial hardship. In dealing with reclaims and in the Waiver agreed last year, the banks were given extensions on the 8 week time they have to respond to customers charges complaints-however they must treat hardship cases sympathetically and in reasonable time. Its likely that if you write to HSBC they will send you a form -which will then have to be filled in and returned its a sort of means enquiry form. The process can take some time so it may be better to call and request the means enquiry form be sent out. You can find the guidance of stay lifting in the bank templates library here on the site.

 

This might also help with your I&E details on the claim form..........

 

Excel Budget Planner – if asked for Income & Expenditure Return

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120

Best of Luck - some have managed it .....

Edited October 21, 2008 by johnnymitch
Tidying font marks..........

[johnnymitch]

This latest on pblackie's thread might give you some idea of what you're up against :

 

Quote:

Originally Posted by pblackie

I have just gone through my income & expenditure on the phone with them in support of my hardship claim.

 

Their solution..... As my wages are no longer being paid into this account I should make a monthly transfer to gradually reduce the balance and .... wait for it..... Borrow money from friends and relatives to reduce the balance - didn't think they were supposed to encourage that!!

 

So no consideration whatsoever in line with the FSA'a hardship guidelines! off to the FOS now I think.

[freakyleaky]

 

Borrow money from friends and relatives to reduce the balance -

 

.

Why does this not surprise me in the slightest!!!!!

[johnnymitch]

Hi freaky - they don't change do they ?

[Castlebest]

A suggestion

 

Dear HSBC

 

Since all of my family and friends are customers of yours you already have all of their money too, as soon as you see fit to repay the unlawful charges you have deducted from all of our accounts I'm sure there will be more than enough money to go around.

 

Can I suggest as a source of funding all of the directors and senior management have their annual salary's reduced and bonus stopped because from the reports in the newspapers they have done nothing to earn them and in fact have done a lot to contribute to the current shortage of cash.

 

I realise this will create a great hardship to all of them but fail to see how anyone who has just brown nosed all their lives to gain position can be worth any salary over £100,000 a year.

 

In addition to this to create further savings maybe the bank could invest in smart cars for their senior management (not the sporty ones, the ones that look like pimped invalid carriages) this would undoubtedly make vast savings in the banks expenditure and would lead the way toward Gordon Brown's promise of an 80% cut in the UK's fossil fuel use, as he has funded your ineptitude in money management it would also indicate your willingness to become part of society instead of just a blood sucking leach on the side lines.

 

luv and kisses

[johnnymitch]

Gee Whizz ! You've got your tail up tonight pete !":eek: (laffin - ROFL) That's a good 'un .............

[HSBC_Destroyed_My_Life]

A suggestion

 

Dear HSBC

 

Since all of my family and friends are customers of yours you already have all of their money too, as soon as you see fit to repay the unlawful charges you have deducted from all of our accounts I'm sure there will be more than enough money to go around.

 

Can I suggest as a source of funding all of the directors and senior management have their annual salary's reduced and bonus stopped because from the reports in the newspapers they have done nothing to earn them and in fact have done a lot to contribute to the current shortage of cash.

 

I realise this will create a great hardship to all of them but fail to see how anyone who has just brown nosed all their lives to gain position can be worth any salary over £100,000 a year.

 

In addition to this to create further savings maybe the bank could invest in smart cars for their senior management (not the sporty ones, the ones that look like pimped invalid carriages) this would undoubtedly make vast savings in the banks expenditure and would lead the way toward Gordon Brown's promise of an 80% cut in the UK's fossil fuel use, as he has funded your ineptitude in money management it would also indicate your willingness to become part of society instead of just a blood sucking leach on the side lines.

 

luv and kisses

 

amazing! lol

 

I am actually tempted to send that.

 

Does anyone have details of a succesful hardship case letter?

 

Are hsbc actually paying out for hardship cases at all?

 

thanks

[johnnymitch]

Unfortunately HSBCDML , it doesn't look as if HSBC are accepting successful hardship case letters ........ their criteria are completely exclusive on this........

 

And the answer to you last question - I think a couple may have slipped through in the early days ..... but I've heard of none for ages now..... even some courts seem to be ignoring the Hardship Claims.....

 

But, someone may come up with a magic letter for you - nothing ventured ..... etc, etc ........ LOL

[HSBC_Destroyed_My_Life]

Has there been any further developments with hardship cases since I posted last December?

 

I've been unemployed since January and well and truly broke-

That refund would be a god send right now!

 

Any info would be appreciated

 

Thanks very much

[Castlebest]

Afraid not HSBC_Destroyed_My_Life, the banks lost their apeal in the high court and were told not to bother apealing to the House of Lords by the Master of the Rolls (boss law lord) himself, however the BBA have said they are going to appeal to the House of Lords :-|.

 

so the game continues

 

pete

[johnnymitch]

Hi HDML, - unfortunately they're as stubborn as ever on this and no one seems to be able (or willing)to make them change their policy ......

 

They're riding along unchecked for now - the only consolation is that it can't last forever ...... our day will come ......... and the FSA , FOS et al should have some explaining to do ............