Nettyg v Hsbc ***WON***

[tomcody]

Hey netty how you doing? Hopefully the end is near for you. Sent off my LBA on Thursday so my nightmare is just beginning!! Always good to read your thread it cheers me up everytime!

[nettyg]

well hi tomcody, i'm glad my thread cheers you up lol. it'll cheer me up more when i get my juicy cheque on the doormat!!

[nettyg]

ooh, an afterthought!!!

i think i'd like my cheque to be held by the manager of my local hsbc, so i could go and collect it, put it in my back pocket, close my account once and for all - oh maybe not close it, i've got another claim going through haven't i? forgot then for a second lol... oh what the hell, yeah, close my account, ask him for a lift to natwest, and then bank it hahaha

 

i love going off on a tangent!! hehehe

[HSBCrusher]

Well, they offered about 2-3 weeks after the AQ date for me, so hopefully you will get your cheque quite soon.

I understand its possible to get the cheque back after its been cleared... (feel free to correct me somebody) it might make a nice framed decoration to your hallway....

[nettyg]

actually crusher, i thought about spending some of my cash on getting a lifesize poster printed of a grinning me, holding one of those ridiculously large (charity) cheques and adhering it to every lampost outside every branch of hsbc - what say you? lol

[HSBCrusher]

What about some novelty curtains?

Or wallpaper?

[tomcody]

Why don't we all get together and do an advert bit like the Halifax ones. I was thniking 'I want it all and i want it now' song? Any thoughts?

[nettyg]

tomcody, crusher, can you sing? haha

if you don't mind, i'll just stand at in the middle snapping my fingers from side to side looking cool!!!!

 

it's getting silly now........ love it, what a thought!!

[tomcody]

No I can't sing but after a few jars I think I can so we would need a bar and karaoke machine and we're sorted lol.

[tomcody]

Netty with regards to MCOL do I put yes or no to the following?

Does or will your claim include any issues under the Human Rights Act 1998?

[lateralus]

allow me: no.

[nettyg]

thank you lats.... can you sing???

 

this is getting to sound like the 3rd degree rather than the 3 degrees lol

[tomcody]

Thanks Lats. re the singing who is going to be Diana Ross?

[nettyg]

i reckon your gonna have to fight for that one with crusher!

 

have tambourine... will travel haha

[Castlebest]

Thats all very well but I can just see uncle Colin singing "Money for Nothing" as a reply...

 

pete

[nettyg]

in the words of gregory isaacs... "money in my pocket but i just can't get no love" lol

 

i think we're all making colin sing right now haha

[Castlebest]

I don’t think any of us have a problem taking the money out of his pocket, the love he will have to sort for himself... mind you he is a Banker...

pete

[lateralus]

sometimes i feel quite sorry for poor old colin!

 

i've always considered myself more of a backing singer - all that ooo,wada,bop,ram-a-lam-a,ding,dong sort of stuff - sounds good in the bath!

[nettyg]

ok i'm on a serious note now!! (momentarily anyway).

 

my aq is a N150 right, i presume because my claim is over 5k. i have a few questions i'm afraid!

 

1. where it asks me 'have i sent a copy of this completed form to the other party - i've ticked yes (i will send dg a copy when i file it)? will i?

 

2. i'm confused about the amount of claim in dispute. on the instructions for filling in the N150 it firstly says i put the amount plus any interest, but not costs - then further down it tells me not to add any interest!!!

 

3. Witnesses - i managed to put my own name in that bit (clever eh) but then there's a bit that says 'witness to which facts'...... erm....?

 

4. i have ticked the box which says i want it to go on the small claims track, but there's a box asking me to write in brief reasons for my choice (i should really use fast track but as the amount of my claim without any interest/costs, is just over 5k this might be ok). because i'm asking to go down another track - what on earth can i write in the box for my reason - just totally having a blank moment!!??

 

somebody help...pleeaassseee!!

[lateralus]

1. Do you mean section H?

2. Enter the total value of your claim in the space provided - This should include all interest but not costs.

3. barring anybody saying anything else i'd put "Claimant/customer"

4. this? from step by step instruc.

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the Judge should make ‘directions’ that have been listed in Section F.

 

You might wish to include text similar to the following;

So, Nets -I'd put this:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

i'm looking at the N150, the step by step instructions and your letter - so - it's easier - refer to the N150 letter where you have questions and i'll try to help out.

lots of time - we'll get it.

[nettyg]

1. Do you mean section H?

no, i meant at the very beginning of the aq. but i'll be sending the a copy anyway, won't i?

2. Enter the total value of your claim in the space provided - This should include all interest but not costs.

i did that, but then further down the N15 instructions, it said not to include any interest?

3. barring anybody saying anything else i'd put "Claimant/customer"

thank you

4. this? from step by step instruc.

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the Judge should make ‘directions’ that have been listed in Section F.

 

You might wish to include text similar to the following;

So, Nets -I'd put this:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

this is another bit that scares me - i've written that in section H - where it says set out any further info i consider will help the judge to manage the claim, with the bit added at the bottom asking for draft directions be made into an order (is that right?) - do i repeat that for the 'track' reasons without the 'directions' bit?

i'm looking at the N150, the step by step instructions and your letter - so - it's easier - refer to the N150 letter where you have questions and i'll try to help out.

lots of time - we'll get it.

 

also lats, i'm panicking about my s/s too - i'm wondering if i did the right one!! (crys)

[lateralus]

what do you mean the right one - did you claim any overdraft interest?

which s/s did you use?

i'm looking up the other stuff.

[lateralus]

1. ok, i see the question and lizvp says yes, we should be the better person and send it to them and bong also said it is the done thing so, yes, you are going to send dg a copy so tick yes.

2. i see section D case management - what amount of the claim is in dispute and the step by steps guide Enter the total value of your claim in the space provided - This should include all interest but not costs.

where else does it ask?

3.ok

4.which section?

take it

 

from the top: section A - tick no

section B - TICK YESand put in your local court and state that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

section C - TICK in part 2 - Yes if you have included a spreadsheet of charges etc, NO if you have not.

i see no reason not to send a breakdown - so tick yes in part 2 and send a spreadsheet.

section D - Enter the total value of your claim in the space provided - This should include all interest but not costs.

tick no on applications

for witness - put your name and i think address and then as we said "claimant/customer"

experts: tick no

i' think i would tick the first no and then put N/A in the two boxes.

track: small claims - and netty, i think the bit in blue is just saying that the 5k limit is without interest and court costs (but if it's a little over, try the small claims and give:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

section E: 1 hour and leave other fields blank

fill in the box:Fill out any dates that you would NOT be able to attend a court

section F: tick yes, and then no

and you do the draft direction to attach

 

 

section G: leave blank

section H: answer all - yes, yes, i think i'd give the date you sent dg a breakdown

in big space:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

If this doesn't fit in the box, attach to a seperate sheet with your claim number at the top and headed with -

N149/150 Allocation Questionnaire - Section G/H

 

and every page you attach needs your name and claim number at the top.

 

has this helped at all? send specific questions, nets - we'll get there!

[lateralus]

nets'

apparently guido has corrected some of the spelling and grammar mistakes on this, so use this one:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

[nettyg]

oh blimey, couldnt get on the pc at yesterday at home!! and when i got to work system down too - whatever happened to chalk and slate??

 

anyway, can't get my head round this at the minute at work so i'll read up at lunchtime or something. lats i'll pm you about my s/s later cos i have a couple of questions ... maybe it's just last second nerves!!!!