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    • So I gather that you sent some parcels using DPD. They arrived in an apparently damaged state so that the items can be used. The items were returned to you and you had to refund your customer. You are now out of pocket to the tune of the entire value of the items or at least the cost of repairs. You used DPD on some kind of account/credit system so that in principle you have the money – but you are withholding the money because they didn't carry out their contractual obligations correctly and also they caused you loss. They are now threatening to sue you and they have sent you a letter of claim. I understand that you didn't take any photographs of the damaged parcels or of the items – on the basis that you weren't informed that that would be necessary. I understand also that you have had phone calls with them – but you probably have never recorded the courts so you have no evidence of what has been said. Is this all correct? You haven't told us what the items are and whether they are still in your possession. You haven't told us whether the damage to the items makes them a total loss or if they can be repaired. You haven't told us anything about values of the items or of the cost of repairs. We need this information. Also, I hope that you won't mind too much when I say that your failure to take photographs on the basis that nobody had told you to do it – shows a certain level of naïveté and your lack of evidence may become a problem if they do issue proceedings and you have to defend yourself. You also haven't told us the value of the invoice sum which you are withholding. Although your post is pretty long, it seems to be pretty scant on some of the essential information. If you could please respond to these questions and then we will try to give you advice as to your position and the next step.
    • sar vanquis   sar express gifts cards.   too    
    • nothing about how you've bought tickets/ passes or paid for travel since the incident.   far too many repeats of you are a forign student on a visa etc etc    once at the start  once at the end   ......upon how a conviction would impact your visa..   you also need to outline wHY you resorted to it, being of little financial income that day as parents could no longer support you at the time.  
    • Hello and welcome to CAG. People should be along later.   I'm not an employment expert but I think that as you haven't been there for two years, there isn't a lot that you can do. Have you read up on the ACAS website on the rules for dismissal?   Best, HB
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Then costs shouldn't be an issue being a small claim. I just wondered if they may have made an offer without prejudice save as to costs, which they might have tried to argue for if you didn't win as much as they offered in court, but as they haven't then this letter is nothing more than a last minute attempt to intimidate you into pulling out before going to court.

 

Don't be surprised if they send someone to the court to make you an offer before the hearing. Unless they agree to settling for the full amount including interest with no strings attached tell them you want the judge to decide. If you have time prepare a list of your wasted costs and tell them you want that too.


 

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Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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what was the recent high court case that has been in the media where the banks are now having to pay back ppi? any links for this?


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Do you mean the Banks Challenge against the FSA, which they lost ?

 

If so, I have a link somewhere.. I will go and find it for you.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do you mean the Banks Challenge against the FSA, which they lost ?

 

If so, I have a link somewhere.. I will go and find it for you.

 

yes


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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http://www.consumeractiongroup.co.uk/forum/content.php?741-April-Newsletter

 

Most of the information you will need is linked in the first article in the CAG Newsletter above.

 

I am just looking for the actual judgment.. BRB


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.bailii.org/ew/cases/EWHC/Admin/2011/999.html

 

Judgment in the link above.

 

You might also find it helpful to have a read through the following thread from around post.... #101

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290434-BBA-v-FSA-PPI-Judicial-Review/page11

 

HTH


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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moose on what grounds are HSBC defending ? Can you point me to the post... Sorry, I simply dont have time to read the whole thread :(


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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this is their argument:

 

DEFENDANT'S SKELETON ARGUMENT

FOR HEARING ON 13 JUNE 2011

 

Suggested pre-reading (15 mins):

  • Statements of case
  • Witness statement of Daniel Chumbley in support of D 's application
  • Witness statement of C in opposition to D's application

 

Introduction

1. This is D's skeleton argument for its application (dated 15 March 2011) for

C's claim to be struck out or for summary judgment.

 

2. In summary, C has no reasonable grounds for bringing the claim because it is

statute barred. The claim relates to a payment protection insurance (PPI')

Policy that C held in respect of a loan that was both entered into and repaid

more than six years before these proceedings were issued (2 June 2010).

 

C's claim

3. C has held two fixed sum credit agreements with D:

3.1. A loan entered into on 12 April 2001 and repaid in full on 19

December 2001 ('the First Loan').

moose v HSBC

3.2. A loan entered into on 19 December 2001 and repaid in full on 23

June 2004 ('the Second Loan,).

 

4. C entered into a PPI policy in respect of the First Loan, but not the Second

Loan.

 

5. The principal allegation in C's claim is that he was told that the PPI policy in

respect of the First Loan was 'absolutely necessary in order to proceed to

obtain the associated credit' when it was not. Although the particulars

include other allegations, his core claim is for damages for misrepresentation.

 

6. It is D's case that C would have been made aware at the time that the PPI

policy was optional and not a requirement for the loan.

 

C's claim is bound to fail

 

7. The limitation actlink3.gif 1980 provides:

 

2 Time limit for actions founded on tort

An action founded on tort shall not be brought after the

expiration of six years from the date on which the cause of

action accrued. ..

5 Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought

after the expiration of six years from the date on which the

cause of action accrued.

 

8. The limitation period applicable to an ordinary misrepresentation claim is

accordingly six years after the cause of action accrued. This would have been

when the representation had been made and C entered into the PPI agreement.

 

9. The cause of action therefore accrued on 12 April 2001.

C appears to accept that, under the usual time limits, his claim would be

statute barred. He instead relies upon the postponement of the limitation

period under s.32 of the Limitation Act 1980 on the grounds of alleged

concealment.' This section provides:

32 Postponement of limitation period in case offraud,

concealment or mistake

(1) Subject to [subsections (3) and (4A)] below, where in

the case of any action for which a period of limitation is

prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant;

or

(b) any fact relevant to the plaintiff's right of action has

been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a

mistake;

the period of limitation shall not begin to run until the

plaintiff has discovered the fraud, concealment or mistake

(as the case may be) or could with reasonable diligence

have discovered it.

References in this subsection to the defendant include

references to the defendant's agent and to any person

through whom the defendant claims and his agent.

(2) For the purposes of subsection (1) above, deliberate

commission of a breach of duty in circumstances in which it

is unlikely to be discovered for some time amounts to

deliberate concealment of the facts involved in that breach

of duty.

 

10. C's claim does not fall within this section. Even assuming, for the purposes of

this application, that D's agent did tell C that he was required to take out the

PPI Policy, there was no further concealment by D. C could, with reasonable

diligence, have determined, from the documents that were provided to him

when he took out the PPI Policy, that that policy was optional:

10.1. He signed a 'creditor protection declaration' which provided that

I have decided to take loan protection.

I have received a copy of the loan protection policy

document.

I am aware of the eligibility criteria, terms and

conditions and exclusions applicable to the policy.

 

10.2. The credit agreement itself provided: 'I/We have decided to take

Personal Loan Protection'

10.3. The
terms and conditions
link3.gif
ofthe PPI Policy made clear that he

could terminate the Policy within 30 days of opening it, without the

loan also being cancelled. The introduction provided:

If you decide you do not want this protection,

please return this policy document to your HSBC

Bank within 30 days of receiving it. If you have not

made a claim during those 30 days, we will cancel

the cover and refund any premium you have paid.

 

11. Further or alternatively, at the very latest, C could have determined that the

PPI policy in respect of the First Loan was optional when he entered into the

Second Loan agreement (19 December 2001), which was still over six years

before he issued this claim. He did not enter into a PPI agreement in respect of

this loan.

 

12. It is further to be noted that in his witness statement C does not put forward

any case as to when he could, with reasonable diligence, have discovered the

alleged misrepresentation.

 

Conclusion

13. C's claim was issued over six years after the accrual of cause of action he now relies. The limitation period has not been postponed. The claim is therefore

statute barred and should be struck out.


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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is it bound to fail as they say?


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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they are just trying to frighten you off

or butter you up to accept a short settlement outside the court

 

they'll cough up

 

bear-in-mind hfc were fined £1.8M for exactly your situation

 

stick by your guns

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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There are only two certainties in life that I know of.

 

Your'e born

You die

 

Everything in between just happens...

 

No being serious, the judge on the day will decide on the facts they are given, personally I think the argument that a) Ok, we may have misled the lender that he needed PPI to get the loan BUT he signed a statement saying it was optional and therefore no deceit or undisclosed facts exist and ergo this claim is Statute barred is weak. Fact is if you are told that an optional insurance is needed to get the loan you'll take the "optional loan" and by its very definition if fails to be "optional". Just my opinion tho.

 

As stated before costs are not normally a matter for small claims and caro has sought clarity on HSBC offers which you say have not been made, therefore no costs *should* be awarded. Just my opinions tho...

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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the bit i am little confused on: (with respect to the limitations act) is it a mistake or misrepresentation or both?


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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the bit i am little confused on: (with respect to the limitations act) is it a mistake or misrepresentation or both?

 

If they knew its misrepresentation, if they didnt its a mistake

 

Thats how I would interpret it.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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If you were told that the loan was dependent on you having PPI, then in my opinion (for what it's worth) it's misrepresentation. However you signed it in the mistaken belief that this was acceptable. Somehow I doubt that you will have that in writing, so it's your word against theirs.

 

What you need to do is point out the faults in their case, such as the branch where this was meant to have been taken out, then hopefully it should make the judge doubt whether they're telling the truth about other things, such as whether they gave you an option on it, or explained your right to take out PPI elsewhere. At that time you had no reason to doubt what they said, but since the issue of PPI has been subject to widespread investigation and press attention, you now realise that they had no right to do that.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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one of the judges directions is "costs in the application"

 

what does this mean?


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Can you post up all the directions please. Hard to tell out of context.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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I believe its costs reserved in the case, i.e. they are to be decided on at the final hearing so costs are not decided on the actual application hearing but rather reserved to the end of the claim and then I presume a judge will decide on whether any party has acted unjustly or unreasonably and then on that basis punish them with costs.

 

but I'm going from memory here :(

 

S.


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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Can you post up all the directions please. Hard to tell out of context.

 

before deputy district judge xxxxx sitting at Preston County Court etc

 

upon hearing the claimant in person and counsel for the defendant

 

and upon reading the file of papers, the defendant having failed to comply with directions on 18th Jan and the skeleton argument was only received today.

 

it is ordered that

 

1. application adjourned to 11th July 2011

 

2. Unless the defendant shall by 4pm 27th June 2011 file and serve a witness statement exhibiting such documents as provided for in the order of 18th jan 2011, the defence shall be and is by this order stuck out.

 

3. costs in the application.

 

only hsbc are being unreasonable in their conduct for this case.


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Just found this.

 

 

'Costs in the application' usually appears as a provision at the end of a set of directions made by the judge during the course of a case. Most cases don't go straight to a final hearing - there is at least one 'directions appointment' along the way.

 

'Costs in the application' means "At this stage I'm not ordering either party to pay the other's costs of today's directions appointment. If, at the end of the case, a costs order is made, then the costs of today are to be included in the cost...

 

Have you got a list of your own costs?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Had the hearing today at court. they turned up with a solicitor, counsel and witnesses. should have started at 10am but ended up 11.40 before we went in.

for 2 hours it was mainly the their argument for striking out due to limitations act, then it went on to my witness statement and them asking me questions and catching me out with diffeneces on what I said in POCs/ witness statement and the evidence. I had used certain items in my POCs which got kicked out staright away like FSA handbook and consumer credit act, so ended up just being a misrepresentaion case. I had relied on clauses from other POCs which I didn't really understand, and they blew them appart.

 

Then the judge called lunch for 1 hour. On return the judge said that she had been reading everything again, and ruled against me due to lack of evidence for a misrepresentation case. they tried to claim their costs by saying I had acted unreasonable by bringing the claim against them, but she ruled against that.

 

so that is than, lost, but no (further) costs.

 

I would advise anyone thinking of going the court route, to think carfully and be 100% sure that you have a good case. Mine in hindsight was weak. I kept going think (dut to others on here) thinking they they would settle before the hearing, and it would cost them too much to defend etc, but as is now been proved they have unlimited resources, and they are not bothered about what it costs them. They will fight you all they way. Maybe this is just hsbc, as MBNA paid me out before court.


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Had the hearing today at court. they turned up with a solicitor, counsel and witnesses. should have started at 10am but ended up 11.40 before we went in.

 

for 2 hours it was mainly the their argument for striking out due to limitations act, then it went on to my witness statement and them asking me questions and catching me out with diffeneces on what I said in POCs/ witness statement and the evidence. I had used certain items in my POCs which got kicked out staright away like FSA handbook and consumer credit act, so ended up just being a misrepresentaion case. I had relied on clauses from other POCs which I didn't really understand, and they blew them appart.

 

Were there any differences on the POC/Witness statement ?

Then the judge called lunch for 1 hour. On return the judge said that she had been reading everything again, and ruled against me due to lack of evidence for a misrepresentation case. they tried to claim their costs by saying I had acted unreasonable by bringing the claim against them, but she ruled against that.

 

so that is than, lost, but no (further) costs. This is good news, obviously the Judge didnt believe you had acted unreasonably :)

I would advise anyone thinking of going the court route, to think carfully and be 100% sure that you have a good case. Mine in hindsight was weak. I kept going think (dut to others on here) thinking they they would settle before the hearing, and it would cost them too much to defend etc, but as is now been proved they have unlimited resources, and they are not bothered about what it costs them. They will fight you all they way. Maybe this is just hsbc, as MBNA paid me out before court

.

 

Were your reasons for claiming a refund the same for MBNA as you used in the HSBC claim ?

 

HSBC (as will a lot of the banks) fight any claim that looks weak.. they will want as many "wins" as they possibly can in order to frighten off others starting the process.

 

Without question, a claim shouldnt be started unless the claimant is absolutely sure of their ground work.

 

I am truly sorry to hear that you lost, the good news of course that you werent lumbered with their costs.


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there were difference with mbna and hsbc , I think mbna were on dodgy ground from the outset due to the way it was laid out, and they paid out without much fight.

 

I'm just glad its finished now, as it was getting me down.


HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Sorry to hear this Moose

 

At the end of the day its down to each of us to make our own choices and paths, Caggers have the opportunity of drawing on other peoples experiences and cases but I dont think any of us would suggest someone uses a defence/claim when they didnt understand what they were claiming, its down to the claimant to prove the case, this has always been the norm and as such if your particulars of claim werent understood by yourself then there is no hope to standing up to cross examination :(

 

I think your advice about being 100% sure is spot on.

 

....But the upside is you werent seen to be unreasonable and therefore not hit with the costs of the opposing council + witnesses.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Sorry to hear this moose. I think everything's been said, but well done for giving it a shot.

 

Do you know who the lawyers were and the witness?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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