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HSBC Court Claim help


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I have a pre court hearing next tuesday as part of my claim against HSBC for the return of PPI.

The aq has been submitted together with these directions (see below) which I requested and the court want a half hour meeting to decide on them.

 

What do I need to do, take etc?

 

 

 

Draft Order for Directions

 

 

_________________________________

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out the amount of PPIlink3.gif and interestlink3.gif which is sought, showing the date and amount added to the loan;

b) Copies of any statement or other document relied upon as showing that the amounts have been added to the loan; (I don't have any bank statements as this is older than 6 yearslink3.giflink3.gif and they won't send them to me under SARlink3.gif, but I have the original agreement)

c) A statement of evidence of all matters relied upon as tending to show that PPI was mis-sold and that financial industry regulations and guidelines were breached in so doing;

d) A statement of evidence to show that in breaching FSA regulations and guidelines and consistently failing to take reasonable care in the sale of PPI to its customers, HSBClink3.gif has incurred fines. (this was actually HFC, but is part of/owned by HSBC)

d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order the claim will be struck out without further order.

 

2. The Defendant shall within 14 days of service of this order send to the Claimant and the Court:

 

a) A signed and dated Needs and Benefit Statement strictly relating to the policy in question;

b) A copy of the Payment Protection Insurance Schedule;

c) Statement of PPI premiums paid and any interest charged thereon;

d) Proof HSBC Bank Limited advised of alternative insurance with other providers;

e) Certificate of Competence or Training relating to staff issuing PPI policies.

f) Provide evidence of all bonuses and commission based incentives offered to the employees of the defendant in relation to the sale of its products or services and in particular that of payment protection insurance;

g) Provide the sales targets of the employees of the defendant in relation to its products or services and in particular that of payment protection insurance;

h) Disclose if the Defendant employs or operates any system, either automated or manually operated or otherwise, which is used to monitor, check or supervise the sale of payment protection insurance to ensure that errors omissions and misrepresentations are noticed.

 

2.1. If copies of any of the above documents are to be relied on in Court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1) (b) of the Act, including but not limited to:

a) A copy of the procedure(s) used for copying, storing and retrieving documents;

b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s);

c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with;

d) Copies of Quality Assurance Accreditation certificates covering the entire period from the date of the copy to the present to demonstrate the procedure(s) and audit process(es) comply with the appropriate standards.

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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