CC v HSBC

[cbrundle]

aaarrgggh printer has just started to play up!

 

can I ask the judge/courts for an extension of say 5 days to get this sorted?

 

if so who would I contact and how would I go about it?

 

it's at Torquay & Newton Abbot county court.

[cbrundle]

also does anyone have a HSBC specific Statement of Evidence!

 

just realised I need to do this also! doh

 

A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

 

I've seen the one above but confused to which I should use???

[lateralus]

i truly don't know - why not pm garyh - he's really up on that part of it.

[cbrundle]

cheers Lat, have pm'd gary.

 

does anyone else know whether or not I can get an extension on this deadline?

 

otherwise I suppose I cna ring the courts and ask.

[cbrundle]

forgot to ask when we do the court bundle as well and include correspondence, does this include correspondence from HSBC & DG as well?

 

even the ones that have WITHOUT PREJUDICE on?

[GaryH]

HSBC use the service charge defence, so use the service charge SoE (1st one).

 

The directions are the standard small claims track directions, so there is no strict deadline with a strike out if you don't comply on time or anything like that. 5 days late should be ok, although its always advisable to submit things on time.

even the ones that have WITHOUT PREJUDICE on?

No. WP letters are inadmissable.

[cbrundle]

hopefully I should be able to get it in the post tomorrow for Delivery monday so should be fine.

 

you say they're inadmissable but can i include them still?

 

even if they have no bearing, just would like them to show the timeline and communication between me & the bank.

[lateralus]

no, i remember reading somewhere on here (no idea where) that you must not include anything with wp on it

[GaryH]

You cannot include WP marked letters

[cbrundle]

would just like to say a massive thanks for this, just received an offer for £3638.94 out of £3816.35!

 

the reasoning for the difference is that the 1st 4 payments are outside of the "6 year period" so fair enough, it took us about 4 months to get the ball rolling once we had the statements through (my g/f dad fault he didn't tell me! doh)

 

the only bit that does bother me though, cos I'd like to get these wasted costs back would be in their "offer":

 

HSBC is prepared to make an ex gratia payment to you in the sum of £3638.94 which is inclusive of statutory interest as per your latest breakdown & court fee. That payment is made as full & final settlement of your claims arising from charges applied to your account in the period outlined above and by accepting this payment you agree not to make any further claims relating to charges for the period stipulated above"

 

now this is all fine but I want some cash back for all the postage (about £50) plus all ink, paper and anything else I can get back off them, so can I claim them back?

 

PLUS i want it paid by cheque!

[lateralus]

that's a good question, chris - see if bf has the answer here:NEW TEMPLATE -- Wasted costs orders..

ok, it's def. there - see this:Wasted Costs order(

 

 

I'm really very,very pleased for you, chris. that's your pay for last weekend!!!!!

that's made my day (and yours too, i'm sure!)

 

 

you need an acceptance letter or are you ok. I'd just put it in big block letters - by cheque only - and initial it there. or do a letter. whatever, too happy for you to worry a bout that.

[lateralus]

PLEASE READ THIS:

TO ANYONE LOOKING AT DOING A COURT BUNDLE FOR THE COURT..........

CHRIS SPENT ALL LAST WEEKEND GETTING IT READY - AND GUESS WHAT.................

///////////////////////////////

%%%%%%%%%%

******************

%%%%%%%%%%%%%

GUESSED IT YET????????????????????

HE GOT HIS OFFER TODAY

THIS IS WHAT WE HAVE BEEN SAYING ALL ALONG -

DG WON'T SUPPLY THAT INFO - SO IF YOU HAVE TO DO IT - DO IT - AND WATCH FOR THE OFFER.

THEY TOOK IT ALL THE WAY TO THE LINE. THEN THEY OFFERED.

PLEASE DON'T BE AFRAID OF THE COURT BUNDLE - IT'S A LOT OF WORK - BUT HERE'S THE REWARD.

[darkrage]

well done chris - stories like yours that make all this waiting worth while.

 

congrats:D

[cbrundle]

trust me it was proper hard work, I had assumed I didn't really need to do anything as it was all in the bundle! NER NER WRONG!

 

ALOT IS in the bundle but not all!

 

it took it out of me scanning 45 bank statements (No photocopier! lol), plus all the letters to and from hsbc, solicitors & the court.

 

but with a MASSIVE thanks to everyone but especially Lateralus we got there in the end and Thursday was payday for the g/f dad!

 

now onwards & upwards, with all the other claims for everyone else! lol

 

thanks again CAG and doubley thanks and massive cyber hugs & kisses Lateralus!

 

Chris

 

forgot to say totalled up the wasted costs as well and comes out at £250ish and that was only with me saying it took me 18hrs for everything, including trips to PO!

[pinkduchess]

good news chris - congrats. and thanks for the advice on the court bundle.

[TUTTSI]

would just like to say a massive thanks for this, just received an offer for £3638.94 out of £3816.35!

 

the reasoning for the difference is that the 1st 4 payments are outside of the "6 year period" so fair enough, it took us about 4 months to get the ball rolling once we had the statements through (my g/f dad fault he didn't tell me! doh)

 

the only bit that does bother me though, cos I'd like to get these wasted costs back would be in their "offer":

 

HSBC is prepared to make an ex gratia payment to you in the sum of £3638.94 which is inclusive of statutory interest as per your latest breakdown & court fee. That payment is made as full & final settlement of your claims arising from charges applied to your account in the period outlined above and by accepting this payment you agree not to make any further claims relating to charges for the period stipulated above"

 

now this is all fine but I want some cash back for all the postage (about £50) plus all ink, paper and anything else I can get back off them, so can I claim them back?

 

PLUS i want it paid by cheque!

 

I recently got paid out by D&G, they tried the same tact with the limitations act the same as you, as guess what I stuck to my guns and got paid out the full amount and because they did not file their documents in court the under direction of the Judge by a certain date the judge ordered them to pay me £50 compensation for my time. I also got them to send me a cheque and they took out the confidentiality clause. It is obviously your call as to what you will accept, I am just saying that they will pay in full the week before the court date.

 

the funny thing was I agreed to the payout not knowing about the extra allowed by the jusge. It served them right for leaving it all to the last minute. They had to send me a separate cheque for the £50, which they were not happy about.

 

Congratulations, your on the home run run.

DS

[lateralus]

I'd put in for a couple of new ink cartridges and a few dozen reams of paper as well as the postage and the all important time element - have a look around - i think you can charge at £9.50/hour. All that would have been avoided had they the decency to offer before the court bundle was due.

I was helping out on a thread last night - they filed the claim in January and never sent dg anything and had done an aq but not heard anything back - ok, i think they are back on track this morning - writing to dg and all but it does make me wonder how many people don't follow the case through and dg are perfectly happy to let it sit there forever.

 

it was my pleasure, chris - don't go too far will you - i now might refer peeps at that point to you for information, etc. you're the man!!!!

cyber hugs and kisses accepted with pleasure - think g/f's dad owes you big time! have a much more pleasant weekend!

[cbrundle]

I'm thinking of sending DG this (letter & email) I have a few more weeks to try and get more out of them (only for costs though!), but do you think I'm pushing it too far?

 

will they think well sod it, they'll leave it to the court to decide?

 

Thank you for the letter dated 23rd May 2007, with reference to a full & final settlement of £3,638.94, unfortunately I decline this offer.

 

My claim total was for £3,873.64, as you have pointed out, I made an error on one transaction (£60) and had entered the amount twice, and therefore I'm willing to accept £3,813.64 as Full & Final settlement.

 

I am also enclosing a Wasted Cost Schedule, which totals £279.29 (as detailed in the schedule). Please note my working hourly rate is £12 per hour, and I spent in excess of 40 hours completing the various tasks in pursuing this matter, as you can see I have lowered my hourly rate figure and have taken off a considerable amount of my own time. I’m sure you appreciate that I am not a legal professional, and hence the reason why it may still have taken slightly longer than a fully qualified professional to carry out such tasks.

 

I did mention to you in my letter dated 10/05/07 that if this wasn’t finalised before the 21st May 2007, and I had to file my papers and documents, that I would be claiming for wasted costs. It is also noted that you still have not sent me your papers & documents you are relying on for your defence in court, I’m sure you are aware this was required last week (21st May).

 

I feel you have acted unreasonably and abused the court process in hoping that I will not continue to pursue this matter and therefore simply accept defeat. As can be seen by your lack of information as requested by the court, I do not believe that you have ever intended to defend this claim at a hearing.

 

If you do not accept this I’m willing to wait until the 1st August 2007, for the Judge to decide at Torquay & Newton Abbot County Court as per our court date. I shall be requesting that the judge considers these costs as outlined in the Civil Procedure Rules 27.14(2)(g):

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Therefore I am willing to accept a Full & Final settlement figure of £4,000 (total is actually £3813.64 + £279.29 = £4,092.93) with no more claims relating to charges for the period 14th June 2000 – 22nd May 2006.

 

If you accept to pay the sum of £4,000 in full and final settlement of my claim against HSBC for the period 14th June 2000 – 22nd May 2006, I consider the matter closed.

 

If you agree please send a cheque payable to Mr C. C, to:

 

his address

 

Upon receipt of the cheque and cleared funds I consider the matter closed.

 

I DO NOT AGREE TO KEEP THIS PAYMENT STRICTLY CONFIDENTIAL.

 

Please note you have seven days to reply and send the cheque outlined above, otherwise I accept this as your rejection and I will meet you on 1st August 2007 at the court.

 

heres my wasted costs, no idea if it's ok or not but thought it was pretty easy to understand.

 

 

I know the total figure differs from what I'm quoting in the letter, but I have added some more info in since I created the jpeg.

[Audreygreeneyes]

CC well done, you must be feeling really satisfied now............ can I ask a really stupid question what does wp mean? with regards the documentation?

[lateralus]

i've no idea how they will react, chris - but if anyone can - you can! very good luck with it if that's what you decide to do. let me know as soon as you hear anything.

[cbrundle]

@ auburngreeneyes, you had me going there scratching my head! lol

 

WP = Without Prejudice, it's on all the offer letters from HSBC/DG solicitors, these are inadmissable so not allowed to be used in court in the documentation. however in my court bundle i did outline what my letters back were (ie 03/03/07 - letter of rejection to HSBC's offer of £2000, no idea if that's allowed though, but I didn't actually include the documentation )

 

They're usually in bold at the top of the letter

 

WITHOUT PREJUDICE

 

i'm really unsure whether to just send this final letter or accept the cash then try and get the funds back by applying to the court, if it were my money, I would've sent it by now, but I don't think the g/f dad would be impressed after getting this far I then get him to go to court! lol

[Castlebest]

Chris, DG play hard ball no reason you shouldnt too.

 

pete

[cbrundle]

hi guys me again! lol

 

trying to do this wasted costs order and trying to get the info for HSBC, i want to put it in a nice excel sheet, is the only way to do this via me retyping it or is there any option to put it into a spreadsheet?

 

or even better does anyone else have one already typed up

[Makalu]

Hi there

 

I have a court date with HSBC for 10th July. I have sent everything in (never ending bundle etc, etc). They have missed their deadline and I sent them a non compliance letter. 7 days for that is up tomorrow.

 

Does this mean that the court will automatically rule in my favour as I have filed everything on time and they have not bothered? Have I "Won?" A bit confused as I thought that they would not be able to file their papers now and therefore have no defence.

 

Many thanks

 

Makalu

[lateralus]

hey chris - how's it hangin?

i'm sure most of what you need is on this oneWasted Costs order

but then i gave you that before - don't know what else to point to -

do you mean the settled cases? Settled Claims List

lit settled.xls

Litigation Section - View and print out litigation spreadsheets here

 

 

 

makalu - from your mouth to the judge's ears! i'd advise ringing the court tomorrow and ask what's up - they are usually very helpful. - just say what you said above and see what they say.