how to take legal action against hsbc?

[noddy997]

Hello again guys, I hope you haven't forgotten me lol, most likely everyone is busy for Xmas at this time of the year.

 

I have been written by the court today, and I have a hearing date 27th Febuary 2013!! I know its 2 months away but I still been given a date. (I have uploaded the received correspondance today).

 

The court advises that I use their mediation service. Anyone got any experience on this and how it works?

 

So number 6) in the directions is the option for me to submit my side to the court at least 14 days before the hearing?

 

At 15) it says "because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, cvaried or stayed". Does this also mean the hearing date/hearing can be effected as well?

Edited December 11, 2012 by noddy997

[noddy997]

:razz:Lol everyone busy?

[Durkin]

Hello again guys, I hope you haven't forgotten me lol, most likely everyone is busy for Xmas at this time of the year.

I remain surprised that you don't have the cash in time for Xmas. Quite good news though that the judge is keeping it in the small claims court. Bad news that they think it needs a hearing that will last 2 hours. I had guessed 10 minutes max. It sounds like they're prepared to listen to all the bank's waffle which isn't a good sign. Yes, quite busy at Xmas but always intrigued as to how the system allows the banks to delay reparation. Outrageous

 

The court advises that I use their mediation service. Anyone got any experience on this and how it works?

 

Yes, it was a waste of time for me. However, it may be good experience for you to get to know the free help in the court. I wouldn't hold your breath at getting HSBC to pay up at that stage. They're full of malice, more concerned about entertaining chums.

 

So number 6) in the directions is the option for me to submit my side to the court at least 14 days before the hearing?

 

How many times have you submitted your side now? Just ensure that the court already have your submissions. It seems like they need a fee though. Fairly hefty and offputting for English victims. However, if you're unlucky enough to still be on JSA, just fill in the exemption form for that.

 

At 15) it says "because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed". Does this also mean the hearing date/hearing can be effected as well?

The hearing date should be the date the judge should award the cash to you and I wouldn't expect that to change unless the bank miraculously pay you earlier.

 

So, perhaps experience the mediation process but otherwise try and enjoy the festivities. You can be sure the other side won't care if you're struggling. I fail to understand how they get through the season of goodwill, knowing all the people they have caused hardship for.

 

I'm looking forward to the season they'll be in jail to mull things over. I suspect it could be a few more years before that happens though. By that time, they run the risk of other terrible things befalling them. Oh well. They'll get the Christmas message in the end.

 

Merry Xmas to you and your family.

 

Richard.

[noddy997]

Cheers for your reply Durkin.

 

I only submitted some bits and bobs to HSBC complaints team/manager and to DG (HSBC passed it on to DG anyway).

 

I haven't submitted or created a proper file as of yet. What will I call it? The Defendant calls their side "Defence", do I call mine "Prosecution" lol? (Sounds a bit daft I know, but general people like ourselves are usually in the limelight as defendants and not Claimants usually!)

 

Thankyou mate, I wish you and the family a happy Xmas and a happy new year!

 

Cheers.

[noddy997]

I went to court today, handed in my JSA letter and Ex160 form for the fee conession of £325. I thought with all the festive closures etc now would be better time.

 

Sit and wait and play the mediation game!

[citizenB]

Cheers for your reply Durkin.

 

I only submitted some bits and bobs to HSBC complaints team/manager and to DG (HSBC passed it on to DG anyway).

 

I haven't submitted or created a proper file as of yet. What will I call it? The Defendant calls their side "Defence", do I call mine "Prosecution" lol? (Sounds a bit daft I know, but general people like ourselves are usually in the limelight as defendants and not Claimants usually!)

 

Thankyou mate, I wish you and the family a happy Xmas and a happy new year!

 

Cheers.

 

Yours would be your "Witness Statement", I think.

 

At this point, I think you need to look through the Defendant's statements and rebut where necessary - I have posted a guide to WS below for you. It needs to be with the court and the opposition 14 days before the hearing.

 

You will need to reference your exhibits and attach them to the WS.

 

Always make an extra copy on top of those for the court and opposition as it has not been unknown for either the opposition or the Judge to have "misplaced" their copy!

 

You should have all original paperwork in a separate file and take it to the court with you.

 

Guidance Notes on Witness Statements.pdf

[noddy997]

^

 

Thank you for this CitizenB. The court letter also advised that. I am hoping to produce/organise my documents over Xmas/early next year so I can have them ready for around the 10th January, as I rather have it on their desks.

 

Would it be called "Witness Statement" as there is no "witness statement"? lol if that makes sense!

 

I would call my evidence "Exhibit 1, Exhibit 2" etc?

 

Cheers again.

[noddy997]

Update:

 

Mediation booked for Mon 14th Jan at 11.30am, was told its going to last an hour, a series of short phone calls. It isn't 3 way.

 

I was asked today would I be willing to negotiate, and I said I will and I won't settle for less than £4000. I goes, previous similar cases have got between £5000-£8500.

 

Any other tips/advice please?

 

I am going to prepare for my trial next week and would need some advice on how to put it all together.

 

Hope everyone has had a good Xmas!

[noddy997]

mediation not going well.

 

The mediator is saying, like DG, what have you actually lossed and how do the case law you quote relate to your case?! :S

[Durkin]

mediation not going well.

 

The mediator is saying, like DG, what have you actually lossed and how do the case law you quote relate to your case?! :S

 

Keep calm. They know the answer. General damages to creditworthiness. You lost your creditworthiness. That's it.

 

Have fun.

 

Richard

[noddy997]

But this mediator is sort of driving me up the wall.

 

He goes you aint told me what you would settle for they offered £1200 now!

 

I goes, basically the Judges in previous cases said if there was no speciifc loss, general loss to credit rating is more than sufficient.

 

Figure of £5000 comes form the fact previous cases were awarded between £5500-£8500.

Edited January 14, 2013 by noddy997

[noddy997]

I asked for £4000.

 

He called back, and they wont go higher than £1200!

 

End of mediation.

 

Edited January 14, 2013 by noddy997

[Durkin]

If they don't pay you now., the judge will make them pay. Don't worry. They're incompetent fools.

 

Richard

[noddy997]

If they don't pay you now., the judge will make them pay. Don't worry. They're incompetent fools.

 

Richard

 

It seems quite hard. The mediator was more of questionning my side.

 

Also Durkin, they keep chucking your case out saying yours was Scottish. But wasn't yours based on English law ? (Kpohraror , King and Wilson) or where they Scottish too???

[Durkin]

Hi Noddy,

 

It's all UK law. My case will be in London's Supreme Court later this year. I understand all the other cases were based in England anyway.

 

All cases are identical to yours in terms of general damage to creditworthiness.

 

They're clearly acting maliciously towards you.

 

The mediator was questioning your side because that's what the bank was asking him to do.

 

It's very possible that he didn't know the law. He's just a mediator. The bank were attempting to brainwash him and tell him what the law is. It's despicable. Well done for sticking to your guns.

 

Well, that was experience for you. I thought that might happen. HSBC are full of malice and will continue in that vein until staff past and present are punished with jail.

 

I expect the judge will educate them next month.

 

I'll be looking to start jailing them once the Supreme Court is done with them. Malicious with no remorse. It can't continue.

 

Richard.

[Old Cogger]

People are learning the ways of HSBC they even treat some of their staff when very ill in a very bad manner, they then have to pay out as a last resort = always limiting losses where they can.

[noddy997]

@ Durkin

 

Funny you say that he is a general mediator because when I booked in the appointment 2 weeks back the lady on the phone said "the mediator is a Judge/District Judge so he will have good understanding blah blah".

 

I totally forgot to mention, the biggest turn around was when I briefly told him how the default was put on my credit file and how I discovered it and how it affected me. Would you guess what he said? "Are you a first time buyer? The market isn't great for first time buyers so you might have got rejected for that reason..?" My reply "Sir, when I applied for a mortgage the mortgage company told the brokers that the application has failed on the credit scoring phase. When I bought my file, it said "default" and my score was 317 (poor) when the default was removed it was 352 (satisfactory) and I did get the mortgage". He wasn't expecting that answer he went silent.

 

He was doing a lot of 'rif raff' i.e. aksing me what mortgage brokers I went to, what proof I got of damaged suffered etc.

 

So from the above, I dont think mediator was a Judge or anything similar of a senior position whether past or present.

 

@ Mike770

 

"they then have to pay out as a last resort = always limiting losses where they can."

 

Wouldn't they have to pay more especially as last resort? As they would have court costs etc?

[Durkin]

"Are you a first time buyer? The market isn't great for first time buyers so you might have got rejected for that reason..?" My reply "Sir, when I applied for a mortgage the mortgage company told the brokers that the application has failed on the credit scoring phase. When I bought my file, it said "default" and my score was 317 (poor) when the default was removed it was 352 (satisfactory) and I did get the mortgage". He wasn't expecting that answer he went silent.

 

He was doing a lot of 'rif raff' i.e. aksing me what mortgage brokers I went to, what proof I got of damaged suffered etc.

 

So from the above, I dont think mediator was a Judge or anything similar of a senior position whether past or present.

 

@ Mike770

 

"they then have to pay out as a last resort = always limiting losses where they can."

 

Wouldn't they have to pay more especially as last resort? As they would have court costs etc?

 

Classic. He may still be a judge. He's dragged you into a conversation you don't even need to have. If he is a judge, he must be made to understand that general damages to creditworthiness don't require proof of specific loss.

 

You must make certain that the judge next month agrees with you on that point. They may not admit it but it's the only thing that you need to say and you could try and object to answering the banks questions on grounds of irrelevance. (Of course, if the judge asks you must answer).

 

I think Mike's point is referring to the hoops that the bank makes it's victims jump through, putting off almost every claimant. In that way they've made money. However, once they've done time, they may think twice about buying into the courts in future.

[noddy997]

What if he doesnt agree with me? Am just thinking what if it doesnt go in my favour!

 

I see what you and Mike mean now, at times I dont want to go through with it....

 

I was thinking earlier maybe we should stage a protest outside HSBC when you got your case in London Durkin

 

Oh and the mediator also said "you have a fee concession don't you?" I think he was thinking am just going all the way just cos its free!

 

I paid the inital fee of £100 which wasn't refunded to me. All in all I would have paid for the lot if I wasn't entitled for the concession anyway.

Edited January 14, 2013 by noddy997

[noddy997]

How much was Kpohraror awarded? £5500 in all or was it £5500 for general damage and £57,000 for loss to trading? Or did he request £57,000 but it was denied?

[Durkin]

Hi Noddy,

 

Kpohraror was awarded £5500 just for general damages. Specific claim was denied.

 

The judge must agree with you, otherwise they'll be portraying themselves as incompetent or worse. I doubt the bank would be offering you money, if your case wasn't strong. They know they're in the wrong but refuse to show any remorse.

 

Protesting outside HSBC would end me up in jail. Funny how it works, eh?

 

It shouldn't matter that you have a fee concession. It's also irrelevant. However, I understand that you should still get the £100 back together with the damages and don't forget "interest thereon"! (8% p.a.)

 

Yours will be the first official award against a bank for wrongfull defaults in 17 years. Others will be inspired.

 

Cheers,

 

Richard.

[noddy997]

 

1. The judge must agree with you, otherwise they'll be portraying themselves as incompetent or worse. I doubt the bank would be offering you money, if your case wasn't strong.
   
2. Protesting outside HSBC would end me up in jail. Funny how it works, eh?
   
3. However, I understand that you should still get the £100 back together with the damages and don't forget "interest thereon"! (8% p.a.)
   
4. Yours will be the first official award against a bank for wrongfull defaults in 17 years. Others will be inspired.
   

 

1) What if the Judge doesnt agree with me? They keep increasing their offer and this is what keeps me going, even though the increases were tedious (£500, £1000, £1200).

 

2) I didn't know a peaceful protest/campaign against a bank could have such outcomes!

 

3) Can you please explain this? So it would be £5000 + the £100 but where does the interest come into it and to what its applied?

 

4) If the Judge agrees with me! Would my case become case law at that point?

 

Am going to spend the next week putting my side together in a detailed and concise manner so I can have it in the court for late next week and on DG's desk!

 

Kind regards,

 

Noddy.

[Durkin]

1) What if the Judge doesnt agree with me? They keep increasing their offer and this is what keeps me going, even though the increases were tedious (£500, £1000, £1200).

 

Depends on the reasoning but you could appeal.

 

2) I didn't know a peaceful protest/campaign against a bank could have such outcomes!

 

It could happen.

 

3) Can you please explain this? So it would be £5000 + the £100 but where does the interest come into it and to what its applied?

Assuming you've asked for expenses + interest you should be entitled to 8% on everything since you claimed; which after 3 months say, would be an extra 2% of £5K (£100)!

 

4) If the Judge agrees with me! Would my case become case law at that point?

I imagine it would if a written judgement is produced. Get the media involved though, so that others are aware of their rights.

 

Am going to spend the next week putting my side together in a detailed and concise manner so I can have it in the court for late next week and on DG's desk!

 

Have fun, but if I were you, I'd be keeping it very simple, forcing them to answer your point on general damages to creditworthiness (effectively defamation, detrimental to lifestyle and wellbeing)

 

Cheers,

 

Richard.

[noddy997]

What is the process of appeal? Is it done straight away?

 

If I was to ask for expenses would it be done on the day of the hearing as I haven't put forward anything as of yet?

 

The only issue I have with media is remaining anonymous!

 

Do I write my side in first person since I dont have a legal rep? (Daft question I know but am not sure!)

 

And they were negligent in terms of t&c?

[noddy997]

Hello, hello, hello!

 

DG have wrote to me today saying they have upped their offer to a measely £1500!

 

They refer to you again Durkin, saying your case is Scottish blah blah but they didnt reply to my letter to them involving the other cases your case was based on on the 7th Nov 2012.

 

I shall reply to them next week now with my side as well to "save costs on postage" lol.

 

Letter attached.

 

Durkin they mention that your case went for Appeal in June 2010. What was the outcome and who appealed?

Edited January 18, 2013 by noddy997