HSBC - Reclaim Hardship & Extra Charges + credit card court problem

[adason]

Hi everyone i have just got in and opened the post and have today recieved a letter from my local CC advising me of a date and time for a hearing of my set aside.

 

BUT i also had a seprate letter from the loacl courts for an interim charging order - what is this? its obviosuly somehing against my property but i have a secured loan (which i ahve never missed a payment on) against the house and there is not a penny of equity can they do this? and what does it mean if they do?

 

What do i need for me deffence for both of the above and what will happen if i loose?

 

thanks in advance

 

Lizz

[adason]

sorry for the terrible spelling above i was in such a hurry to post! i have clamed down and read up about the charging order, am i right in thinking i do need a deffecefor both of the above

 

can anyone tell me what to expect at a county court?

 

thanks again lizz

[johnnymitch]

Hi lizz, it's not a lot to worry about if you've been paying regularly - a lot of DCAs are using (or misusing them ) to frighten people into paying up .....

 

Have a look at this link : (maybe it's the one you read up on but nevermind , LOL)

 

Debt Factsheets - Charging orders in the county court

[adason]

Thank you Jonny.

 

I have the following ready for my deffence on the 10th do i need to do anything else?

 

Proof of postage of my acknowledgemeny of origional CCJ

Letters of all correspondance

* making an offer

* advising payplan were looking after my DMP

* Asking why they would not accept my payments

* Copy of hardship letter i had sent them

Proof of all returned payments

List of current incomings and outgoings

 

Do i need anything else?

 

Thanks Lizz

[johnnymitch]

This should help you to prepare lizz - what you need in a basic court bundle ......

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/119-basic-court-bundle

 

Try to collate and reference your documents in the order they will appear in your arguments , so the court can follow it like a story ......... it'll impress them , make it easy for them , and could help your case .....

 

There's also the possibility , as it hints in the link , that they'll pull out if they see you're organsied and ready for them ........

Edited June 22, 2009 by johnnymitch
afterthought ..........

[adason]

Hi Jonny,

thanks again for the link, but isn't that bundle for bank charges? this is the credit card taking me to court for not paying when i have been paying they have been rejecting the payments

 

its a hearing for a set aside, so do i just apply parts of the bunddle which i deem relevent? and how will i know?

 

i haven't looked at the link thouroughly i'm just at work taking an early lunch, i have the rest of this week off so i will make sure i get it read inside and out, sorted and sent off on Thursday

 

Thanks Lizz

[johnnymitch]

Hi lizz ,

 

I think most bundles follow a basic pattern - a bit like a story - you have an introduction where you outline your case , a middle bit where you elaborate on that , with references to your documents that you will rely on for your defence , and an end bit where you say, (based on what has gone before) what you would like the outcome to be ......

 

And that is (basically) the order your bundle should take .....

 

If you imagine a judge reading that , without you or HSBC present, (which he/she usually does), he/she should be able to follow your story and understand the sequence of events .......

 

If anyone has any further advice/tips for lizz , please feel free to come in with it ..............

Edited June 23, 2009 by johnnymitch
afterthought (again !) lol

[adason]

thank you so much i will get cracking, wish i could upload it for someone to check before i go - its scary!

[adason]

Just to let you know i have posted off my bundle i think/HOPE it was ok and will let you all know how it goes, hearing is 10th July - any advice of what i should expect, any additional preperation would be very appriciated:confused:

 

thank you all again esp Jonny:)

 

[johnnymitch]

Hi lizz ,

 

Someone posted a programme a long time ago of how to act in court , but I can't find it at the moment .

 

Basicallly, from what I can remember of it , coupled with my own experiences :

 

1. The setting will be comparatively informal - you won't be in a big courtroom with a judge in wig and gown ... it'll likely be a discreet side room , with the judge in a suit and tie ........ and you'll be seated round a table ........

 

2. You don't have to talk to the bank's people at all but a 'Good Morning ' won't go amiss. Apart from this they may try to unsettle you - just smile as if you know something they don't .. and say nothing .........

 

3. If you get a chance beforehand , ask one of the ushers how your particular judge likes to be addressed i.e. Your Honour or just Sir /Madam .

 

4. The judge will hopefully have read your case and your points in the bundle . Now ,the bank's representative is probably going to exaggerate and gild the lily outrageously in their submission and try to push the judge in their favour . However much this winds you up, don't interrupt them, and don't let it get to you - this is what they're about ....... let them finish.

 

4. When it comes to your turn , have a typewritten list of your main points to hand - ask the judge if he/she needs clarification of any of the points you have made ..... look 'em straight in the eye, speak slowly and clearly (although you may be quaking inside ,don't show it LOL! ) - they are not ogres , just ordinary people like you and me and you're explaining why you think an injustice has been done to you .

 

If the bank tries to interrupt point out politely that you let them speak , now it's your turn..........

 

5. If there is any objection or point you want to make about any misconception the judge may have - prefix your point with " With all due respect , Sir /Madam /your Honour , " and go on to put your point across .

 

6. Above all remember - this is a people's court, there are hundreds of people like you attending these every day, so try not to be overawed by it - it's par for the course for most judges , and most realise you are a 'Litigant in Person' with no legal training and make allowances for that .

 

So - to sum up - look 'em straight the eye - get your points across calmly and clearly - don't let the other side wind you up ........ and you'll be OK ..........

 

If anyone else has anything to add to help Lizz - please feel free to chip in

[adason]

thank you so very much again i'm getting nervous now :/

[johnnymitch]

I know , lizz , but just try to keep calm , and follow the above ....

 

I'll be thinking about you on Friday , and wish you all the very best - Whatever way it goes , please come back and let us know - it can help others who follow your path ......

 

You've come this far and done really well , Lizz -now follow the last bit through.........

[Castlebest]

Good luck Liz, just say what you want to say and let the other side say what they want to say (if anyone shows up), don't worry about court etiquette, the Judge knows your a litigant in person and as such don't know the in's and out's, he will ask you to speak when the time is right.

 

If you want to comment on something the other party has said don't butt in, just catch the Judges eye and he will ask you to comment again .

 

Above all try not to be nervous, listen to what is being said and try to think what it means .

 

the very best of luck

 

pete

[adason]

Hi Pete/Jonny thanks to your EXCELLENT help I won!!!!!!!!1 I am over the moon, the judge saw clear grounds for my defence in the fact that I had asked HSBC in Jan before it was referred to D&G for the data access request and as they didn't reply within the 40 days I lodged a complaint with the OFT. She said as I had no opportunity to confirm the full amount owed I could not agree to paying it all.

She set my case aside and I now have 14days to submit a full defence!

Brilliant thank you all again, only down side is the judge granted d&g to have £103 charges added to the case for her "time"

d&g claimed they had not rec'd one bit of information from me not even the court bundle which cost me £11 to send!

They actually looked very ill prepared and the judge commended me on putting together all the info I had, so thank you again guys

Now for my new defence do I add the same bundle or do I put more too it? and can I now negotiate with HSBC to get them to accept payments through Payplan?

Thanks again

LOVE THIS GROUP!:D:D

XXXXX

[Castlebest]

Woohoo well done!!! now you have seen the internal workings of justice in this country

 

d&g claimed they had not rec'd one bit of information from me not even the court bundle which cost me £11 to send!

 

They actually looked very ill prepared

 

This is normal for DG, unless your case is in the Birmingham County Court you wont actualy see anyone from DG, they hire a local barrester/solicitor and probably forgot to forward your submissions to him .

 

Now you have the CCJ out of the way you go back to your claims against the bank for return of the charges deducted from your account, check the updated templates against what you originaly submitted.

 

Just read back and I'm not sure if this claim is for your credit card or current account or both.

 

pete

Edited July 10, 2009 by Castlebest

[johnnymitch]

Way hey! :D:D absolutely delighted for you ,lizz - as pete says - it shows the system works .......

 

They really are an amateurish bunch when it comes to being prepared in court ...... judges must despair sometimes when Litigants in Person like yourself come better prepared than paid barristers ......

 

Well done once again - onward and upward with the other one now - keep 'em on the back foot ...... LOL

[Fedupandfightingback]

 

d&g claimed they had not rec'd one bit of information from me not even the court bundle which cost me £11 to send!

 

LOVE THIS GROUP!:D:D

 

XXXXX

 

Well done. With any luck, the other side will now give in:D

 

The bundle you sent to D&G, did you send that special delivery or Royal Mail Courier ?.. and do you have the Proof of Receipt from the track and trace website ?. If so, include that in YOUR bundle.

[adason]

Hi Pete i have my deffence ready to go off, my main deffence is that they have breached the 40 day data acess request so i cannot agree to pay them until i establish what charges have been applied to my account and if i am entitled to get any back.

 

it is my credit card taking me to court, but it is my current account that i have stayed at court for bank charges, i have prepared that as deffence but please let me know if i should leave it out?

 

i have copies of all the correspondance i have sent HSBC.

 

Can i call D&G to dicuss making payments and avoiding court at this point or is it too late?

 

what will happen with my deffence with the judge set another case date?

 

Many thanks again

 

Lizz

 

p.s really sorry for the delay i have had a virus on my laptop so haven't been able to get online

[adason]

Well done. With any luck, the other side will now give in:D

 

The bundle you sent to D&G, did you send that special delivery or Royal Mail Courier ?.. and do you have the Proof of Receipt from the track and trace website ?. If so, include that in YOUR bundle.

 

 

yes i do, thank you, what do i say that they were ill prepared? or just that they had neglected to bring my bundle to the case?

[adason]

Way hey! :D:D absolutely delighted for you ,lizz - as pete says - it shows the system works .......

 

They really are an amateurish bunch when it comes to being prepared in court ...... judges must despair sometimes when Litigants in Person like yourself come better prepared than paid barristers ......

 

Well done once again - onward and upward with the other one now - keep 'em on the back foot ...... LOL

 

 

yay its fabulous and i cannot thank you enough:D just hope i win this one too

[adason]

Hi All just to let you know my deffence has now gone in, please can you tell me what happens next or will the court instruct?

[johnnymitch]

I think I'm right in saying that the court should give you a fresh hearing date , lizz........ but if you don't hear in a few days check with the court office (quoting your case details) to see if they can advise what's happening ..... you don't want to miss any deadlines or they'll go for a judgement by default ---- they're dead sneaky that way ........