HSBC going for a strike out

[master woody]

After years on being on hold, HSBC have written to me to tell me they are asking the court to strike out my claim for unfair overdraft charges due to the supreme court case.....

 

 

So is that is! is it all over? I

[patrickq1]

no it is not over see the new post forum their is a section disecting judgement i take it you are thinking of the oft case then dont worry you can still claim under uutcr

[patrickq1]

Bank Charges Campaign Continues

[johnnymitch]

Hi masterwoody , welcome back

 

You could send the bank something like this which Pete (Castlebest ) sent ..(with a copy to the court) but you'll probaly have to re -word it a bit to say you're awaiting further advice on amendment of POCs .......

http://www.consumeractiongroup.co.uk/forum/show-post/post-2664368.html

 

That tells HSBC that the fight is not over ..... no matter how much they want it to be .... their (template )letter which they're sending out to millions .. is(IMHO:rolleyes:) a load of Half-truths , and deceptions to get people to roll over and give up .......

 

It also lets the court know that you want to keep the stay in place at the moment ......

Edited January 20, 2010 by johnnymitch
Retraction of iffy statement lol!

[master woody]

thanks, amended and on it's way to HSBC

[master woody]

Just had this letter from the court....

 

General order of judgment or order:

 

Before judge XXXXXXX of the court of XXXXXXXXXX adrees of court

 

 

IT IS ORDERED THAT:

A Formal application togeather with the appropriate fee is required.

 

The application shall be considered at the case managment conferance to be listed on notice to the claimant (me) on the first available date after 14 days, with a time estimate of 15 minutes.

 

date 18 January 2010 ( ONLY GOT THE LETTER today)

 

 

 

Please nay help welcome and i have no idea waht this means!

[patrickq1]

keep the envelope as it will have the postmark date which is important,

if you cannot see the postmark it will then have a barcode and this is very reliable,what date was the hsbc letter marked as the day they are supposed to have sent it....skullduggery springs to mind and in fact it is bordering on dishonesty ,good news for you is you can show this to the judge as it is bordering on contempt..if they had gone to court and you had not received any notification from the court then they are in error ..

as you have sent your amended particulars you will need to add this letter as further evidence towards the attitude and conivance being perpetrated by the banks legal dept....

wait see what the other peeps say on here for more exacting advice

patrickq1

it aint over till the fat lady sings lol

[master woody]

I started my bank claim charges claim back in 2006-7, i owed them about 2k overdraft, i was in a mess they closed my account and debt collectors chased for the over draft.....i discovered this site and realised how much bank charges the overdraft was made up of charges 2.5k

 

i started the bank charges case and the debt collectors left me alone a sort of win

 

any way roll on 2010 and the bank went for a strike out due to the oft case , i paniced and sent a "martin lewis" admended POC

 

now the case is progressing, i'm happy to leave the case in limbo, i've had an order from the court to attend "a case a mangment conferance" what ever that is ....

 

I'm thinking of giving in, as this is all well over my head and i'm thinking if a do a discontuance and then they can chase me in court over the charges i stand a better chance as a defendent?

[jimjamer]

I know how you feel mate, we have been fighting HSBC since 2007 and they have now threatened to take us to court. We haven't been told our own court case has been struck out though:confused:

 

I trolled through 4 years of very disjointed paperwork last night and I'm not sure what to do now. Our claim amounts to the total in charges 2 accounts about £7,000.

 

I actually work for a lawyer so when I see the rubbish from DG it makes me really stubborn about carrying on but I'm just not sure if I can anymore.

 

Do we stand a better chance in court?????

[Castlebest]

Hiya both, I think most people are in the same boat with HSBC at the moment, DG are telling everyone they won the test case so you should pay up now... this is total and utter rubbish.

 

Since the end of the test case they have tried this with me and I wrote back to them telling them that they are wrong so they passed my (so called) debt to two different collection agencies. I wrote to both collection agencies telling them they would have great difficulty collecting this debt as its already the subject of my own county court proceedings against HSBC... they have both given up too.

 

There are other things progressing at the moment and my advice is buy as much time as possible for now to let things clear.

 

pete

[slarkin75]

I know it's hard guys but you have to stay the course. I am in stuck in a rut with Santander but you have to keep fighting.

 

Please don't give in

[master woody]

any idea what hppens at a case managment conferance? it seems a bit hard that i have to take a day off work to turn up for 15 minutes?

 

I'm thinking of sending a letter saying: work won't give the time off so i can't attend, (which is true) and that i'd like the case stayed as my case is very simmlar to many other claims and would like to further clarification of the situation

[master woody]

ok just read castlebest advice on the other thread about writing to the court and the scotish case

 

thanks

[master woody]

gutted !!!!

 

got notice from the court today:

 

the case is stuck out:confused:

no order made for costs

 

 

i wonder how long it will take for them to start chasing me for the O/D? about 1.8k?

 

well it might take 3 more years for them to take me to court!

 

will they now mark my credit file with a default marker?

 

thanks for all the help but i think i should of attended court to stop it getting chucked out

[master woody]

Bank charges Claim going back to 2008, the claim has been stuck out becuase i did'nt attend the court for a case managment review and was requested by the court to attend

 

any way i can get things re started?

[stroke a badger]

Master Woody/CastleBest,

 

How are you guys getting on with your fight against HSBC?

[jimjamer]

I'm still trundling on with the taccy letters from debt collectors who are all associated with HSBC. Just keep writing back "as you are part of HSBC take a look at my file". Have been offered if I pay in full they will deduct £500.

 

A friend who works for another bank has taken a look at some of the letters and said they are worthless as most of them don't have the right details on them. My 18 month year old could write better lol.

 

Still have one account stayed in Court and have never heard a thing.

[RichRoast]

I was wondering if i should start a claim against HSBC. Doesn't look like there is much point