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Letter from bank ref OFT test case received today

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Not sure if other HSBC customers got this as well, but I got a letter from them today regarding the OFT test case.

(I have a claim against them for just under £1000.- which has been stayed)

The letter apparently is supposed to give me an 'update' and HSBC is pleased to tell me that the court has decided their overdraft charges are not unenforceable penalties, but are merely assessable for fairness under the Unfair Terms in Consumer Contracts Regulations which the banks will appeal. A new timetable will be set apparently in July and they will ask the court to keep my claim stayed until the test case has been concluded.

At this stage it is not possible to predict when the case will be concluded.


All in all it sounds a bit as if they are trying to rub it in a bit and are saying "ha ha... you'll have to wait for ages. Why not give up now."


Quite annoying.:mad:

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Interesting if that is their strategy. They wouldn't be sending out those letters for the good of their health would they?


I can't believe that anyone with a stayed case would go to the trouble of dropping it at this stage though. It's more effort to do that than just wait isn't it?

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Funny that...........:rolleyes:


I had a letter from Abbey today saying exactly the same thing!


I found it quite patronising, and it annoyed me also, especially the line that says


"The banks are pleased that the court agreed that their current charges are not unenforceable penalties."


Of course they are bloody pleased - they hastily rewrote the T&C's in the run-up to the actual case, in the hope that this would be the outcome.:mad:


But I don't care about that - our cases are based on the OLD T&C's, and their Defence is based on the same. So I sincerely hope that the penalties issue on historic terms goes our way next month.


The other thing that really, really annoyed me - the judgement was handed down in April, but they are only writing to us today? Do they think we are all so dumb that we haven't been following the case? There is NOTHING in that letter that we didn't already know.


Supercilious barstewards:mad:


(Rant Over!)

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Yes I too have received the patronising Abbey later today. What made me laugh was the fact that it was signed at the bottom with just "ABBEY" in a handwritten signature !!! Talk about the personal touch - what a joke.

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Yes, I received one of these annoying letters from HSBC, I am just wondering if this goes against the judge's instructions that cases will be stayed until the conclusion of the test case, on the provision that the banks are not allowed to communicate with claimants.


Not sure if the communication had to be specific to amounts being claimed or just communication in general. After all this is the first communication I have had from HSBC or any of their associated companies such as DG Solicitors or Metropolitan Collection Services in 10 months.


Does this letter from HSBC constitute unwarrented and unnecessary communication and is it worth asking the judge to lift the stay?


What ever happens, I am making a note to write a similar annoying, gloating and unpleasent letter to HSBC when they have to repay the huge amounts of money that they owe us.

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Well one of the conditions for the waiver to remain in place was the banks HAD to keep customers up to date with the test case.

Saying that another one was they were not to make any changes to their T&C's which would be seen as an abuse of power, how many banks ave changed these?

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Similar letter from natwest received yesterday

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!


17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Similar letter from HBOS yesterday for my sisted case and the same letter to my son for his which was settled before court case last July,they must have forgotten they had paid him out LOL .Think I might send a letter back reminding them that.

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GF got a similar letter from RBS back end of last week. The nice shiny spin they put on a loss to make it look like a victory was really quite amusing



Victory over Lloyds £890


Victory over Vodafone: default removal


Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Well one of the conditions for the waiver to remain in place was the banks HAD to keep customers up to date with the test case.


I've had chuff all from Barclays, I wonder if this would be grounds to get the stay lifted?

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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I too got the same letter from DG solicitors for HSBC. They are also threatening me with court case as HSBC decided "not to renew " my £2500 overdraft facility, giving me one month to pay it back. I've negotiated some temporary repayment schedule with them but am so cheesed off with them have got another account, but wonder if anyone can give me a little advice about the wisdom of this ...


1. Will it damage my case if I close my account? I was one of the Cardiff many whose cases were stayed a couple of days before our hearing.


2. Can they remove my O/D facility when the case is stayed - the overdraft if less that the charges I am claiming, let alone the interest etc.


Any thoughts gratefully received

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I've received the letter from Barclays. Should be replying in any way to the letter? I've changed address since beginning the claim and, although I've updated the address on my account the letters regarding the claim are still going to my old address.


I guess I could send them a letter reminding them of my new address and confirm I received their letter and look forward to receiving further updates?

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I received one of these letters the beginning of June. However, I continued with my time schedule and filed at the court. HSBC's solicitors DG advised they would be defending so I thought things would go ahead. I received the Allocation Questionairre, completed it and paid the fee.


I then received another letter last week from HSBC saying they would be asking for a stay in line with the Judge's rulings and repeating what they had said in their first letter.


I received notification from the court yesterday that a stay had been granted.

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same happened to me i am one of the older bank charge cases abbey have removed all overdraft facilities from my account to and are being really award with me i hope it goes throu then they can kma

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Because it is quite wrong for the government to become involved in the judicial process.


Unless it suits them of course




Getting There Slowly



Advice is given freely but is in no way meant to be taken as Gospel:-)

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