HSBC bank charges claim

[J4L]

You add the draft directions as an attachment

 

 

thanks guys, will post it off tommorow recorded delivery.... I'll keep you guys updated as soon as i hear something back....

 

 

Regards

JAL

[ukaviator]

Hi Jal

 

Did you sort out the draft order for directions?

[TrueMisterSix]

Good luck with all this J4L - I'm just about to kick off mine & my wife's claims so am 100% behind you and will be following your thread!

[johnnymitch]

Hi tms ,

Best of luck to you too, - if you stick to the timescale and don't be put off by delaying tactics (i.e. letters saying we'll get back to you in umpteen weeks LOL! ) then you'll get there.

 

But don't forget - you can always come back at any time and ask for advice - we're a friendly lot on here

[J4L]

Hi Jal

 

Did you sort out the draft order for directions?

 

 

Yes i did sort out my 'draft order for directions' i included it with the AQ as an attachment, as advised from a response in this thread.

 

Anyways, can someone tell me what the next step is for me so that i am prepared. I used the template provided for my 'draft order for directions'.

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
  

 

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
  

 

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
  

 

• d) Copies of decided cases and other legal materials to be relied upon.
  

So basically Would i need to send in the next 14-days; my copy of statements showing each charges that were applied to my account, and provide a spreadsheet showing the dates & amount charged... Also how would i provide a statement of evidence to show that the charges are irrecoverable as penalties?

 

Regards

JAL

[johnnymitch]

I think this should help JAL :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html#post1134427

[johnnymitch]

Don't forget -you've only asked that the 14 days be a Direction at the moment - the clock on that doesn't start until the order is deemed served /you get a court date and your Directions are ratified .........

[J4L]

Hi guys,

 

Ive received a 'General Form of Judgement or Order' from the county court. It is order that 'stay until conclusions of the litigation instituted by the office of fair trading or until 31st January 2009 which ever is earlier. At conclusion of the stay either party may apply for further directions'

 

Is there anything i need to do now?

 

Kind Regards

JAL

[jowalshy]

Welcome to the "stay" club J4. Not alot you can really do about it .sorry

[J4L]

Welcome to the "stay" club J4. Not alot you can really do about it .sorry

 

so basically i would now need to wait until 31st January 2009?

[johnnymitch]

Hi JAL

 

Unless the final judgement comes before that, which is about as likely as seeing Elvis in the High Street LOL!

It may even drag on beyond 31 Jan 2009 - in which case it'll be an automatic renewal of the stay - unless you can prove change of circumstances for hardship.........

As jo said - 'Welcome to the Stay Club , mate

 

PS - However , it's not all doom and gloom - there's the 8% interest building up - wshere else will you get that rate these days?

[J4L]

Hi JAL

 

Unless the final judgement comes before that, which is about as likely as seeing Elvis in the High Street LOL!

It may even drag on beyond 31 Jan 2009 - in which case it'll be an automatic renewal of the stay - unless you can prove change of circumstances for hardship.........

As jo said - 'Welcome to the Stay Club , mate

 

PS - However , it's not all doom and gloom - there's the 8% interest building up - wshere else will you get that rate these days?

 

 

lol. Yeh i suppose so, oh well lets wait and see what happens. Thanks again to everyone who has helped me.

 

Regards

JAL

[J4L]

Hi guys,

 

just a quick question, i filed my bank charges claim in court back in september 2008. Do i need to amend my bank charges claim from penalty charges to UTCCR?

[johnnymitch]

Sorry , J4L .... this appears to have slipped through the net...

 

If you have a look at this template it should help you .:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr

[J4L]

Sorry , J4L .... this appears to have slipped through the net...

 

If you have a look at this template it should help you .:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr

 

 

Thanks for the reply, I was reading the template earlier on. So would i send the amendment letter to the bank or would I need to send it to both, the bank & court?

 

Regards

JAL

[Castlebest]

Send it to the bank in the first instance and try to get their agreement to the amendment then send it to the court confirming the amendment has been agreed with the bank. If the bank object to the amendment then you will have to submit it under a form N244 and I think it will cost you £40 which is not recoverable .

 

You could go straight to the court with the N244 if you don't want to mess about with the bank .

 

pete

[J4L]

Send it to the bank in the first instance and try to get their agreement to the amendment then send it to the court confirming the amendment has been agreed with the bank. If the bank object to the amendment then you will have to submit it under a form N244 and I think it will cost you £40 which is not recoverable .

 

You could go straight to the court with the N244 if you don't want to mess about with the bank .

 

pete

 

Thanks for the reply, I'll send it to the bank first & keep u guys updated on the outcome.

 

Regards

JAL