Gemz Vs HSBC

[Gemz]

Thanks GuidoT

 

Is it letter four but edited a bit?

[Gemz]

And do I address the letter to DG to the person who is named on the acknowledgment?

[GuidoT]

Address the rejection letter the addressee on the offer letter.

 

Letter 4 is good.

[Gemz]

Sent so that it would arrive today, nothing like leaving things to the last minute

Just waiting for the time to run out

[Gemz]

Still waiting... so will start part two

 

General consensus seems to be, time is running out on bank charge reclaiming. I have a total of £805.50 charges from my parent's joint account but there are several sheets missing.

But do I have 40 days to wait for the statements? It's six months from 2004, three from 2005 and one from 2006

[lateralus]

i don't know why you think that. i don't.

have you tried getting them on-line?

[Gemz]

The OFT are making a ruling before Easter about bank charges, what is fair and what isn't. It may change the game

 

On-line won't go back that far

[nettyg]

hi gemz

 

click into the account in question on online banking.

on the left hand side menu - click my statements

it should give the statement dates in years - when you click onto a year, it then gives you 12 months.

 

hope this helps

[Gemz]

Thanks! I've only been using HSBC online banking for about a month, father dealt with it before and didn't know how to do it!

 

Off to count...

[nettyg]

you'll be fine gemz

 

Charges description on statements - Please Read

[Gemz]

Thanks, all done

 

Letter goes off on Monday

 

First account's deadline for the bank to file is Thursday

[Gemz]

Okay, tomorrow is the final day, so what's most likely to happen next?

[nettyg]

i'm confused gemz, are you talking about the first claim or your parent's claim (i'm just being lazy if the truth's known)

[Gemz]

First claim (which is Dad's) - the MCOL 28 days is up tomorrow

[nettyg]

did you get the notice of transfer of proceedings with the aq and defence yet from the court, or have they not defended yet?

sorry, you probably do think i'm being lazy!!

[Gemz]

They've said they'll defend but that's it

[nettyg]

have you tried the judgement button on mcol - even if it let's you press for judgement, the judge usually gives them more time to submit the defence - sad but true. ring the courts and find out what's happening with your claim

[Gemz]

They've defended today, it says on MCOL to wait for the transfer to a local court. Then what?

[lateralus]

in a couple of days you will receive from the court

a transfer to your local court

a copy of dg's defense

an allocation questionaire - make a note of the deadline for this.

 

here's how to fill out the aq:

Allocation Questionnaires - A guide to completion a step by step guide

and this:New strategy for Allocation Questionaires and this is how you use the new strat.

for section g of the aq (if it is an N149 - it's section h if it is an N150), use the wording in blue on post #3 of new strategy link, it will fit into the space and then attach draft order for directions printed on another piece of paper and attach to the aq - (also the bit in blue) and be sure to put your own details in the XXXXXXX's - the wording is on post #2 of new strategy link. so that's it - it sounds complicated but it isn't read through the aq a couple of times and use the step guide and add those two bits and that's all there is to it. on the extra page, put your name and claim number at the top.

don't miss the aq deadline - but i see no reason to submit it too early -

if your claim is over 1500, it will cost 100 to file it but that goes onto your claim - you'll get it back when dg offers or if you get a judgment - just add it on. get back if you have questions - lots have filed their recently and lots are getting offers.

[nettyg]

another automated last minute defence hmm....

[Gemz]

Got the paperwork today

 

The claim is for under £1500 so do I tick No on Part H?

 

Also, in other information, should I put that a day in court would cause loss of earning of approx £100 per day?

[GuidoT]

No to Part H.

 

I would not put anything regarding loss of earnings as generally not recoverable on small claims track. In any event you are unlikely to attend a hearing as the matter is likely to settle prior to then.

 

Ensure you include the Draft Order as the New Strategy in Lateralus' post 94 above.

[Gemz]

Thanks, this bit right...

 

You should state here that you believe the case will last no longer than 1 hour.

 

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.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[Gemz]

Also meant to ask, they've charged another £75 since all this, shall I wait for this to be all settled before I ask for that?

[GuidoT]

You can amend your claim, but it will delay matters and cost you £35 that is non recoverable.

 

I would wait and start again once this one is over.