help bank entered defence

[calconnor66]

Hi, i APOLIGISE FOR THE LENGTH OF THIS IN ADVANCE:-x

I have registered my claim against the bank they had until the 7th December to reply. I called the court at 4.30 on the 7th and they had not entered a defence. So pleased was I I skipped along to the court the next day to request a judgement only to be told that they had entered a defence by fax the night before close of business grrrrrrrrrrr.

I think the guy felt sorry for me as he gave me a copy of the defence and the allocation questionnaire there and then, although he told me it would be posted out.

I am now panicking because I feel it is getting really scary. They are asking about expert witnesses etc what do I put , HELP

I think I have to pay another £100.00 grrrrrrrr again to register my defence is that true? .

The final problem is I have to get this to court (completed by Monday) at the latest Tuesday as I am on holiday from the 13th December until the 3rd January, and will be out of the country.

 

Problems

1. I don’t know what to write in my defence, to what they have written.
    
   
2. I am scared I may miss the timescales etc whilst I am away (hence trying to get It sorted and filed prior to the 13th).
    
   
3. Should I ask the bank for a breakdown of their charges now?
    
   
4. Have given the bank and the court a detailed breakdown of what I am claiming should I send it on the Debbie De whats her face I have seen on another thread in HSBC.
   

The defence is below can someone please help.

CLAIM NUMBER 6WA02693

 

CALCONNOR

 

AND

 

HSBC

 

 

DEFENCE

 

 

1. The Claimants accounts are governed by the Defendants personal and / or business banking terms and conditions.
    
    
   
2. Pursuant to the Defendants terms and conditions the defendant is entitled to make a charge for its charges s set out in the defendants price list.
    
    
   
3. It is denied that the fees charged for the services provided amount to a penalty or (if it is alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service agreed by the defendant.
   

 

Statement of truth

 

The defendant believes the matters set out in this defence to be true

 

KATE V EAVES

LEGAL EXECTIVE FOR THE DEFENCE

4TH DECEMBER 2006

[Guest Mumofthreeboys]

There is no need to panic. See here for how to fill out the AQ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[lateralus]

calconner - relax, have a cup of tea, take a deep breathe. you are here among friends.

i'll look more closely at this but this is all perfectly normal behaviour for hsbc.

usually, you would have had a request from debbie at dg for your breakdown - although not necessarily. look at loeby's thread just above or below you.

the 28 days is over - they file it's almost automatic.

look for the deadline on the aq, that is now the timeframe

i'd send debs a copy of your breakdown today - if poss. with a little note along these lines: - i'm suprised not to have heard from you by now - please find attached my breakdown of charges, i'm sure you don't want to incur further charges by me filing my aq, i await your reply. "

be sure your claim no. is on this note along with your breakdown.

as for the a q:

(it's £100 if your claim is over 1500 and you add it to your claim when you pay - but don't do it now - wait until the deadline is almost on you). send breakdown to dg today, if poss, recorded.

[calconnor66]

thank you both for replying I have seen debbies email address somewhere I will forward it to her. I ahve yet to receive my allocation questio naire from the court itself but there is no reason why I cannot file it on Monday by using the online copy etc is there.?

[lateralus]

i believe you cannot file the aq on line. included with the defense and the aq will probably be a change of venue to your local court (were any actual court dealings to happen - this is now where they would happen - they won't)

my theory is, why spend the extra dosh? the deadline you will be working towards is the one on the aq from the court - it's their deadline and yours - and we all know how dg likes to play up to the deadline. it's just more money you will want back from them - i say wait until it's almost the last minute before you file your aq, and

i've read you thread more carefully and i see you are leaving town on the 13th, so, think i'd try to find a fax machine and fax the breakdown today as well as send it, then monday morning a.m. ring dg., explain that as you are going to be out of town (don't give details), you will be needing to file your aq immediately and ask if they wanted to consider settling before you file. if they were so moved - they could fax you the offer, you could fax it back and they could put money into your account within a very short time period - i'd say it's worth a shot - but your breakdown would have to be there - thus the fax today or tomorrow and the early call on monday. ok?

[calconnor66]

you clever clever person I think i love you:D

[calconnor66]

sorry i meant to ask do you have the lovely debs contact detaisl afx email\ addrress blood group ( do vampires ahve blood) NI nmber place in the que for b**** of the year.

[lateralus]

try this:DG Solicitors

 

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Tel: 0121 455 2111

Fax: 0121 455 2150

 

Contact: Deborah D'Aubney

 

 

it's all there in the info up above the threads.

hey, i've just become "informative". whoppee!!!!!

 

 

plus this: [email protected]

 

AB+

[lateralus]

ok, i see her name on the letter you copies (note she can't spell executive) Think it will be: Kate D. Eaves.

send it to her if you like but we do have deb's details. don't think it would matter -but whoever you send it to, ask for them on the phone on monday. if you are sending it fax today - mark to the attention of xxxxx

[calconnor66]

cheers for this i am spending my time today in writing something good to her that lets her know i mean what i say, and do you think I should say she has until close of business on the 12th to respond with a full offer as i will be filing in (court) as i will be out of the country until after the new year.

I will give her m e mail address, so if she wants to emal me a copy of a full offer for her to have me sign and fax back whilst I am away. Other than that I will not be entering into any further dialogue with her or anyone else from HSBC., or is that a bit too cocky?

[calconnor66]

sorry lateralus to turn into your pesonal stalker, but what about this sent via email, I have the charges on a spread sheet too so i can send them togther##

I am writing to respectfully request that my claim against HSBC is paid in full, I am aware that you have entered a defence against my claim and it is my intention to enter a full counter defence for which I believe the court will uphold.

 

Furthermore this will add a further £100 to my claim against your company, I am not prepared to acknowledge your defence as having any creditability. I have seen this standard response on the consumer action group website on numerous occasions and feel it is an extremely weak defence that any judge will refuse to entertain, given the OFT’s recent ruling.

 

Moreover it is my intention to request a full disclosure of HSBC’s bank charges policy and breakdown with my defence.

 

I have included a full breakdown of banking charges levied to my account which is inclusive of interest charged up to 7th December 2006, I will also require any additional interest to be added to this claim, which has accrued since the 7th and the date of the refund. Furthermore should I be forced to pursue this matter further I will also be seeking payment for costs for the time I have spent in pursuing this claim.

 

I will be leaving the country on the 13th December until after the New Year, and it is my intention to file my defence prior to close of business on the 12th December if I have not received an offer of a full settlement from your company.

 

 

[babsp2000]

hey, i've just become "informative". whoppee!!!!!

 

 

Not before time...you are more than deserving!

[lateralus]

cc66,

letter looks ok to me. i seem to have a little bell ringing in my head (probably that woodpecker...ouch) but i think i've heard it said the courts look on faxing as ok means of communication but frown on e-mail. sooo,

i would do both - they can't possibly miss that - and put in your contact details: phone, fax no. and e-mail address.

just to make sure - you could pm bong and ask her advice but i think you are doing all you can to make it go away by tuesday.

just to be on the safe side - i'd read that thread mo3b put above - so you know how to submit your aq if you have no luck with this little move.

[calconnor66]

sorry to sound think again

but how do i PM bong

and also

I ahve not registered my stuff with MCOL I just took it into the court myself as I work opposite warrington courts it was easier do I still have to do something on this site too, as i want to do everything right and i will definatly donate when i get my money as this site has been sooooo fab espcially yourself.

[lateralus]

top of this or any page - right side, welcome calconnor66

click private messages, then down the left side - send a private message

put bong in the address box

then ask away, could just ask her to read your thread, it's easier.

she will pop along as soon as she can.

she gives very sound advice.

 

if you put your claim number on the stuff to the court - i would think it should have gone the right direction.

what i was saying earlier - about the fax and the e-mail - if it ever went to court and you needed to show what you had done - you could show the fax (as the e-mail is a duplicate, i don't think it would be frowned on).

[steve_n]

Hey Laterulas,

 

Here Hear - about time you wrer awarded 'informative' status - well done mate

 

Steve

[calconnor66]

thnaks you have been really helpful

[Guest bong]

I am writing to respectfully request that my claim against HSBC is paid in full, I am aware that you have entered a defence against my claim and it is my intention to enter a full counter defence for which I believe the court will uphold.

 

Furthermore this will add a further £100 to my claim against your company, I am not prepared to acknowledge your defence as having any creditability. I have seen this standard response on the consumer action group website on numerous occasions and feel it is an extremely weak defence that any judge will refuse to entertain, given the OFT’s recent ruling.

 

Moreover it is my intention to request a full disclosure of HSBC’s costs within my Allocation Questionnaire.

 

I have included a full breakdown of banking charges levied to my account which is inclusive of interest charged up to 7th December 2006, I will also require any additional interest to be added to this claim, which has accrued since the 7th and the date of the refund. [Furthermore should I be forced to pursue this matter further I will also be seeking payment for costs for the time I have spent in pursuing this claim.]- not sure about this last bit, if its small claims court. might also get their backs up when all you want is a speedy offer from them.

 

I will be leaving the country on the 13th December until after the New Year, and it is my intention to file my Allocation Questionnaire prior to close of business on the 12th December if I have not received an offer of a full settlement from your company.

 

 

 

hiya, yes add in the last bit about how they can reach you by email and fax. Hope its not too late if you've already sent it. I also like the last para you put in the PM which isn't showing above.

[calconnor66]

thanks for looking this over funny enough i did alter the last bit, before I sent it. It has been sent to their solicitors and not the courts I hope it does the trick and they relaise I really do mean busine:-o ss.

I also sent off a really terse letter via email to colin langdale and John bond to re request my SAR as I want to see what they have entered against me. ( apparntly john bond is the director Colin L is the snot who thinks he is too good to talk to anyone {the David Guest of the banking world maybe he does dishes though} ). Anyway I got a failure message on my computer saying message could not be delivered beacuse their names are not on the domino system, so basically it is preventig anyone contacting them from the genral public, have you ever heard of that?

[Guest bong]

no I haven't but I also noticed that Colin's letters don't have a telephone number on them. Quite unusual, I wonder if it was changed when all these claims went in?!

[calconnor66]

probably did, fed up with stalkers like me!

Itried to get through to him loads of times and was not entertained at all, he just got a lacky to see to me instead , who give me some old flannel. Hsbc dont even let you phone your bank direct, let alone talk to their managers of cutomer services what a laugh.

I am thinking of claiming under diminaution of futute prospects afer this, but I will take advice before I do and also need to see their records on manual inytervention on my file.

The thing that drives me is my credit history is now shot to pices and none of this would have happend if the bank did not charge me exorbitant amaounts which concluded in their being no money left in my account to pay my DD.

what do you think?

[Guest bong]

have they defaulted you because of debt due to the charges? you could/should ask for defaults to be removed as a condition of settlement if so.

[calconnor66]

Yes I would have had them registered as a resilt of them taking the money from my account that is why i want a seperate claim, as I have been ntold I can only get the rest of these removed with a caourt orrder and in for a penny.

I asked for them to be removed ages ago, when i first asked for my charges back and as they have not sent me the info I still do not know what the script with my credit file.

That was the reason I sent an e mail to colin langdale et al tonight basically saying sort it or I will complain to the ICO, and reminding them that RBS has just be fined heaviliy for the same thing. and their service is rubbish.

[Guest bong]

I haven't done it myself CC but I would have thought the time to do it is now. you don't want the extra hassle of starting up another court claim just for this, if you can get it included in your out of court settlement. Isnt there a way you can search your credit file by or on Monday?

[calconnor66]

I have looked at my file about 2 months ago and there was nothing on it from then, but they ahve since took my cards off me and me checquwe books too so I am not sure i will try to get it.

As part of my claim I used the DPA and and stated that they had breached three of the 8 principals in applying these unlawful cahrges so I may have to wait and see.

Dont know if I will get my day in court I doubt it, but part of me really wants to go to court, I spend half my time in courts because of my job,( I am not a lawyer though) I may get lucky and get one who knows me ( yeah i know in my dreams).cal