how to take legal action against hsbc?

[Mike_hawk]

Noddy

 

It's getting nearer to the figure you want, have you considered your costs in the case and the benefit a Tomlin may bring to settle matters?

[noddy997]

My costs are not much. If I remember correctly, when I told the HSBC team it added up to just under £100. With the court cost its another £100, so £200 really. But I will go over everything a few times over the weekend.

 

Yes it is but at a very slow rate, their increments are tedious... (£500, £1000, £1200, £1500)

 

Sorry, what is a Tomlin? I never heard of it before.

[Mike_hawk]

Doesn't sound enough Nod, I've agreed terms of 3k costs on a 500 squid claim before as an LiP........ not sure you've considered everything that you've been encumbered with.

 

View it as a way out for the other side, purely on a commercial basis.. a Tomlin becomes a contract or an agreement with you setting the terms.

 

Wiki may assist with a brief overview http://en.wikipedia.org/wiki/Tomlin_order

[noddy997]

£3k costs would have involved some of the following; loss of wages, paying babysitter, travel and so forth.

 

At the time I wasn't working so I cant add that nor I have got kids. This is what I have got; fuel, parking, purchase of credit files, postage, telephone, printing, about 10 or so hours wasted at mortgage brokers/banks multiplied by reasonable time cost of £10 per hour as stated by FOS.

[Mike_hawk]

Nod, you'd be offering the other side a way out......... it's not for you to substantiate costs, if it wants to play that game it may as well proceed to trial. Pluck a figure out of thin air, really makes no difference to the effect of same.

[Mike_hawk]

Noddy

 

 

Could I suggest a simple e-mail to the other side, no need for legalese........ try something along the following lines

 

 

Dear chuckle bros,

 

I believe it would be sensible to explore the possibility of compromising the case by way of Tomlin.

 

If your client is in agreement I will prepare same for consideration and engrossment.

 

Please take instruction accordingly

 

I look forward to your comments

 

Regards

 

xxxxx

[noddy997]

Nod, you'd be offering the other side a way out......... it's not for you to substantiate costs, if it wants to play that game it may as well proceed to trial. Pluck a figure out of thin air, really makes no difference to the effect of same.

 

You mean settle before court?

 

This thread is massively long I will give you a quick update.

 

In Nov 2012 I informed them of Durkin's case and other cases his case was based on, and I asked them them for £4000 (they never even bothered replying to the second letter I sent them detailing inner facts of those cases as they challenged me on the initial mention of Durkin). On Mon 14 Jan, with the mediator, again I asked for £4000 and they said no and offered £1200!

 

They want to settle for tedious figures. And I dont really want to budge off the £4000 mark. They're getting a grand off plus saving the costs.

 

The hearing is on 27th Feb.

Edited January 19, 2013 by noddy997

[Mike_hawk]

Nod, I've read the thread..... I've used the case law myself but never engaged at trial as I wouldn't seek to entertain any contest prior to the Richards supreme court hearing.

 

Try the invite to compromise, nothing ventured, nothing gained...... you never know it may bite and you get the result you want without the need for a trial.

 

No need to mention figures, you're just asking and looking for some feedback from the other side to test its position.

[noddy997]

 

Dear chuckle bros,

.

 

Please take instruction accordingly

 

 

 

Woudln't that section need figures?

 

And how would you check its position? I thought Tomlin was a set of orders based on agreement?

[Mike_hawk]

Nope, all you are doing is asking if there is any interest from the other side. If it responds in the positive you compile your terms within a schedule for agreement and filing with the order.

 

The order itself is very basic in reference to the schedule........ example below for info. The schedule becomes the agreement/contract between the parties and sits behind the order.

 

 

IN THE xxxxxx COMBINED COURT CENTRE CLAIM NO: xxxxxxxx

BETWEEN:-

MR xxxxxxxxx

Claimant

-and-

xxxxxxxxxxxxxxx BANK PLC

 

Defendant

__________________________________________

TOMLIN ORDER

__________________________________________

 

UPON THE PARTIES having agreed terms:-

BY CONSENT IT IS HEREBY ORDERED THAT:-

 

1. All proceedings are stayed on the terms set out in the schedule hereto for the purposes of which the parties shall be at liberty to apply.

 

2. There shall be no order as to costs.

 

Dated this day of xxxxx 2013

 

We hereby consent to an Order in the above terms.

 

………………………………………………. …………………………………………………..

xxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx

The Claimant Solicitors for the Defendant

[noddy997]

But then again the issue of settlement figure will arise, dont you think?

[Mike_hawk]

Why would it need to? It's a compromise, you want 4k......... it won't budge, you offer a way out to compromise the case at say 1500.00 + 3000.00 costs, who's the winner if it agrees?

 

You have to bear in mind it will do all that it can to remove itself from the possibility of making any admission in court. It's not a question of a few quid in this case, its the overall exposure it wants to avoid.

 

Try the e-mail as drafted[don't mention any value/quantum or costs] and bump the thread when it responds.

 

Probably best not to call them chuckle bros though

[noddy997]

But I havn't endeavoured £3000 in costs and they would want proof of this.

 

They are already saying I need to prove any damage suffered (so the expense will be more proof).

 

 

Also, I dont think I have an email address for DG.

[Mike_hawk]

But I havn't endeavoured £3000 in costs and they would want proof of this.

 

Also, I dont think I have an email address for DG.

 

I think if you looked at your time in the matter at £18.00 per hour then 3k would be a fair estimate, not that its any of the other sides business anyway. Try to keep in mind it doesn't matter what you state your costs are for a compromise, its merely a means to an end.

 

email addy........ give them a bell and ask.

[noddy997]

but £18 an hour is disputable they would be like "oh we aint on £18 an hour and we're legal rep"

[Mike_hawk]

Morning Nod, I think you'll find that DG's inter group charge rate is something in the region of £195.00 per hour

[noddy997]

How do you know that?

 

They would again nit pick and say we need proof. They already are for the damage.

[Mike_hawk]

How do you know that?

 

 

From sight of its cost apps

[noddy997]

From sight of its cost apps

 

Is this information available along with further info?

 

I seen on a thread a pdf on DG but the link was broken to the pdf :S

[Mike_hawk]

Nothing that I've got a hard copy of Nod, I would imagine a bit of searching on here will turn something up though.

[noddy997]

I really feel like writing a nice harsh reply to DG as they always bang on about their sides costs!

[Mike_hawk]

Not sure that would be constructive, it doesn't want to go to trial...... it's lost on the point of exposure to track to place any pressure on you, it will now rely on conduct in an attempt to recoup its costs in the sct - hence the recent w/p offer.

 

I would imagine it will run through the whole gamut of offers and attempt to present you in a less than good light.

 

Test the water with the consent or Tomlin, for every offer it would be sensible to make a counter offer or present a counter solution to the issue [in writing]

[noddy997]

I have read in other HSBC DG threads, that DG just bang on about nothing but costs to their client.

 

If the Judge wasnt to agree with me, then will I be liable for their costs?

[Mike_hawk]

It's not limited to DG, not come across a sols yet that doesn't use the threat of costs to try to 'encourage' a short settlement or withdrawal.

 

Costs order in your case, always a possibility.

[noddy997]

 

Costs order in your case, always a possibility.

 

Me liable for costs if I lose at trial??