Thereflex vs HSBC

[TheReflex]

So I have received my acknowledgement of service from courts. I am claiming £1035.89 in charges from my current acc and £422.22 on my business account. Having just read the news about the banks "winning" their court case. I am pretty annoyed and disheartened. I am wondering ofcourse what the outcome of my case will be. My claim number is 9Q~~~~~~ and this was paid on the 09/11/09 so this will be taking place in a couple of weeks i should think. Not really sure what to expect. Will I have to attend the court hearing. Will my bank contact me in the meantime will the demand the 2 overdrafts be paid back immediately ?

kind of in the dark. I have followed this sites instructions so far and this is where i am at. WAITING, all the while still receving huge charges each month, this month £125!

I am really losing my patience with HSBC. If i had a huge salary all this would be insignificant!

Edited November 27, 2009 by TheReflex

[Rayne]

TheReflex - good idea to read my reply to your other post (can't remember who's thread it was, apologies). Also an even better idea to delete your claim number from this one as it's possible to be identified from it

At this moment in time the brains are looking into the full ramifications of the ruling the other day.

PLEASE PLEASE PLEASE read my other reply

Just be assured its NOT over yet, not by a long chalk.

[Castlebest]

Hiya Reflex as Rayne has said the banks are a very long way from the winning post and currently the site founding fathers along with many other web based action groups have employed their own barrister to assist in the analysis of the Supreme Courts judgment and draft modifications to the particulars of claim we have all used if necessary .

 

keep an eye on the announcements section of the site and just ask if your unsure if you need to make any amendments to the claim you have submitted .

 

I think it is highly likely you will be one of the first to be allocated a court hearing as you don't have to request a stay set aside like the rest of us. What the banks reaction will be is anyones guess they do monitor these sites so they will know any court appearance wont be a walk over and we will be ready for them so they might make you an offer before the date.

 

If they don't make you an offer you must attend the hearing to argue your case, this is very important, if you don't the judge is will award the case to the bank merely because you weren't there .

 

pete

[TheReflex]

Ok so i have received my notice of issue. I have been busy all week, and so havent posted it. It needs to be in On or by the 21st DEC .

 

It looks like hsbc are disputing the whole claim. "the defendant denies....blah blah"

the charges represent aggreed price blah blah...."

 

so I am now to pay an addtional £35 on top of the £70. I am pretty annoyed as its obvious i wont win a penny. so thats £105 i have wasted.

 

As i havent posted it, i am going to hand deliver it tomorrow to the court office with my cheque.

 

not happy about wasting my time or money. but I guess i must see it through.

[TheReflex]

Also what should i put in this section :

 

OTHER INFORMATION:

set out any other info you consider will help the judge to manage or clarify the claim, including any other infonyou consider should be supplied by the other party................

[TheReflex]

ALSO regarding the allocation fee. "an allocation fee is payable if your claim or counterclaim exceeds £1500.......

 

mine is 1400 so does that mean i dont pay a fee??

[TheReflex]

hmmmm apparently i will be asked to provide evidence at a later date?

[johnnymitch]

Also what should i put in this section :

 

OTHER INFORMATION:

set out any other info you consider will help the judge to manage or clarify the claim, including any other infonyou consider should be supplied by the other party................

 

Have a read of Section G in this link Thereflex :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

[johnnymitch]

ALSO regarding the allocation fee. "an allocation fee is payable if your claim or counterclaim exceeds £1500.......

 

mine is 1400 so does that mean i dont pay a fee??

 

 

I think you've answered this one yourself TR

[johnnymitch]

hmmmm apparently i will be asked to provide evidence at a later date?

 

If you haven't already done so ......this evidence will be in the form of a court bundle .......

 

When you submit your original claim and POCs , you're giving an outline of what you're claiming for and why ..... the court bundle is the meat in the sandwich so to speak , where you provide documentation to support the claim... have a look at this link :

 

http://www.familylaw.co.uk/images/Teasers/PDcourtbundles.pdf

[TheReflex]

Hello, So this is still ongoing, and at the moment seems a complete waste of time and money, as i am bound to lose!!

 

anyway. its my duty now to provide a fully particularised particular of claim setting of the legal basis upon which my claim is made detailing it by a clear breakdown of the sum claimed.

 

So I have alist of charges, dates, and 8% interest in a spreadsheet.

 

what else should i provide? do i need to write a letter or similar explaining, that i requested hardship grounds, and the bank ignored this?

 

do i tell them im unemployed currently?

 

what should i provide as evidence

 

please someone?

 

i see this in the pdf.......

 

4.1 The bundle shall contain copies of all documents relevant to the hearing, in chronological order from the front of the bundle, paginated and indexed, and divided into separate sections (each section being separately paginated) as follows:

(a) preliminary documents (see paragraph 4.2) and any other case management documents required by any other practice direction;

(b) applications and orders;

© statements and affidavits (which must be dated in the top right corner of the front page);

(d) care plans (where appropriate);

(e) experts’ reports and other reports (including those of a guardian, children’s guardian or litigation friend); and

(f) other documents, divided into further sections as may be appropriate.

Copies of notes of contact visits should normally not be included in the bundle unless directed by a judge.

[TheReflex]

i found the relevant info and printed three times.. many thanks

[TheReflex]

do i send a copy to the bank?

[TheReflex]

Hello, could someone please help me. I have just returned from working abroad, to find that my case, has had a hearing date, which was the 9th September 2010.

 

As i was not present the case was struckout. I was unaware of the hearing date and was out of the UK for 3 months during this period.

 

Is there anyway i can get the case reinstated, or have i lost all my money, including wasted court fees?

 

thanks

[johnnymitch]

Hi the reflex , welcome back

 

You could try going to the court office , explain the situation and take your passport to prove you were out of the country during the relevant dates.... they should advise you on what options are open to you e.g maybe resurrect the case and reschedule the hearing .....

 

Let's know how you get on ..............