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    • Ok thanks guys for all the help & advice I think I will go the DRO option but will open a new bank account somewhere else first etc.  The only other things im little worried about is reading on the DRO it says about I wont be able to apply for credit but what about things like my car insurance as thats classed as credit paying it monthly Plus they say i must not have assets or car worth over £1,000 so what about things like my car worth around 2.5k and as said before when my father passed away he left me his camper that I cant part with its worth about 4k and what about things in house and jewellery etc ?? Can they come to house and check and so on
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Mike McEwan

Claim Resourection

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Hi all

 

I claimed £4,465.69 from HSBC back in October 2007 and received a letter from them sayiong that no decision would be made prior to the Bank - OFT meeting in January 2008. I also sent a letter before acion in mid October.

 

Since that time I have had no further contact and no settlement. HSBC continue to charge the same as they did before.

 

HSBC have flexed their Corporate muscle and it worked.

 

Or did it? I am encouraged by the foram of successes and have just one question.

 

1) Will it be possible to resourect the original claim?

 

Thans for your help.

 

Regards

Mike

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I'm not sure what you mean by resurrecting the original claim. From what you've said, it doesn't sound as though your claim has died. If I have understood you correctly then all you have done is to write to them asking them for your money back. If that is the case then you don't have a "claim" in the legal sense - that would require you to issue proceedings.

 

You can start your claim now if you like - the bank have had time to respond. Or you can wait until the OFT judgment is published. I know there are plenty of people who have views about which is the best course of action but I think there's a good argument for both (although you can't do both - you have to choose one, obviously :)).

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Except chavesouris, that if you get your claim into the 'stayed in court' stage it will attract 8% statutory Interest from the date of each charge until whenever it's finally settled............ not a bad savings rate in this day and age.

 

Hi Mike ,- the banks have done to you what they've done to many , misled them and put them off claiming on the pretext of the Test Case . There are many thousands of people who ignored this and went ahead - their claims are now sitting in courts across the land , racking up interest and waiting for the House of Lords decision ......

 

I think the best explanation as to why you should do this is :

 

Why you should start claim (courtesy of Mr Lex)

 

Remember, you need to get your claim to court

 

When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should start to claim at court now

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected

 

You are supposed to be protected by the 'waiver', we now know you are not

 

When the stays are finally lifted, you will be one of the first in the queue to get paid

 

Once the courts are involved, you get the 8% interest.

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up

 

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646

 

That's why I would say go ahead with your claim Mike - you have already sent your Letter Before Action -where you said you'd take them to court if they didn't cough up - they've ignored you , so follow it through............:)

 

Come back if you need advice on the procedure .....

Edited by johnnymitch
tidying up font ..........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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