Kerri -v- HSBC

[Kerri Vaughan]

Hi Lateralus

Our schedules only comprise charge period, overdraft fee and interest. That is what we are reclaiming, these fees were issued for exceeding our overdraft limit, we never had charges for card misuse, recalled d/d-s/o. These o/d charges were clearly put into a spreadsheet, correctly titled by name and account number. Our particulars of claim were cut and pasted from CAG templates.

[lateralus]

then i'd ring the court and ask them what they mean by clarify your claim - they should be able to tell you. i wouldn't stress out over it - but i'd want to know what they are talking about.

[Guest ChloeJane]

Hi there,

 

What the order is stating is that you need to make further attempts at negotiations and to have your side of the case heard with the other side.

 

The court will penalise a side that does not comply in trying to negotiate before court.

 

So you now need to present your case more - as a claim to the banks solicitors.

 

To do this - follow these links here

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html#post450522

 

Change the statement of evidence to the words statement of case - then send it off to the other side with the enclosures it suggests - and again, a request for your money back.

 

What the court are seeking is for you to settle the dispute before court - i would be sending letters every 10 days till court hearing as per the link here -

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Any questions - post back.

 

CJ

[Kerri Vaughan]

Hi Lateralus

 

The following is what's been sent from the Court:

 

The District Judge has Ordered that:

 

1. Allocate claim to small claims track and be listed in accordance with the accompanying notice.

 

2. The Claimant do by 4pm on 12th June 2007 claify the claim by filing in court and serving on he Defendant the following information:

 

(a) copies of any statement or other document relied upon as showing that each and every charge has been made.

 

(b) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

 

© Copies of any decided cases and other legal materials to be relied upon.

 

and if the Claimant fails to comply with this order the Claim will stand struck out without further order.

 

3. Subject to the Claimant complying with paragraph 2 the Defendant do by 4pm on 10th July 2007 clarify the Defence by filing in court and serving on the Defendant the following information:

 

(a) pursuant to what contractual provision each charge identified in paragraph 2 was made.

(b) whether such charge is accepted to be a penalty and if not why not.

© If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

(d) If such chrage is not alleged to be a pre-estimate of the Defendant's loss. Incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

(e) The statements of any witnesses whose evidence is to be relied upon at the hearing.

(f) Copies of any decided cases and other legal materials to be relied upon.

 

and if the Defendant fails to comply with this order the Defence will stand struct out without further order and judgment be entered for the Claimant for the sum claimed.

 

4. The court is of the view that this matter ought to be settled by sensble negotiation or mediation and will take into account the failure of either party to folow such a course when dealing twith the question of costs.

 

An appropriate nudge letter is being sent DG copied for CAG templates.

 

Regards.

[Kerri Vaughan]

Chloejane

 

Thanks. We are starting on that now.

 

cheers

[Kerri Vaughan]

Have received an offer which I want to accept but DG have inserted the stipulation as to claim and ex gratia payment remaining confidential which I will not accept. Should I cross this out on letter of offer and call them before I fax it back to them tomorrow. My full Court pack to be filed by next Tuesday. If I accept this offer, can I still apply to the Court for my time costs and do I have to inform DG. Advice please.

[miss muppet]

When you say time costs, do you mean costs of preparing the case? If so you should add this to your fax as being part of the settlement, the going rate is £9.25ph and when preparing the full court bundle most people claim around 25 hours, then theres the cost of materials printing ink,paper etc. On no account sign a confidentiality clause, make this clear when you erase it. Wait until you have letter or money in bank before lifting case.

[Kerri Vaughan]

Hello Miss Muppet

Yes I mean costs of preparing the case.You are suggesting I must file the court bundle next week in any case.Then tomorrow fax back the letter of offer amended by crossing out and making it abundantly clear to DG that I will not agree to any confidentility clause.In addition that I should now calculate my costs of case preparation to include the court bundle time and postage etc and put this in the fax to DG as an addition to the settlement amount offered ?

Thanks for your advice

Kerri

[jonni2bad]

If they have offered you the full amount of charges and you are not claiming contractual interest, then you should not be thinking of court action.

 

Accept it and move on.

 

If they have offered less than the full amount of charges and you decide this is acceptable, again you should not be considering court action for anything else.

 

It is only where the claim proceeds to court because the two points above are not met that you can then eventually consider a claim for time.

 

There is nothing to actually stop you from asking for it now, but do not think about curt action based solely on it.

[Kerri Vaughan]

I have a filing date next Tuesday, to submit the court bundle if I do not do this the Court will strike out my claim.

I want to add my reasonable time costs for preparing my case and correspondence to date and add it to the offer DG has made.

It is possible DG will not take my phone call or respond to my fax before Tuesday. Whilst I appreciate your advice about not proceeding should I prepare the Court bundle and file it next week to protect my claim and then hope to reach agreement with DG before the Court Hearing date, or do you think DG will accept my reasonable request, however as advised I will not agree to any "confidentiallity" clause.

thank you for your advice.

[jonni2bad]

My mistake - I thought you were talking about making a claim, rather than continuing with it. This shows why it is vital to keep all claim details in one thread - I have now merged yours.

 

Since you have started the court action then you should make sure you comply with any court requests, including bundle exchange. In the mean time, return the offer letter with the offending clauses crossed out.

 

Should the case proceed to a hearing then you might wish to consider adding costs and making a full list of these with expenses. It is at the discretion of the Judge but many people have found them to be willing to consider ordering limited costs.

[Kerri Vaughan]

Sorry about the Threads, I do not know how to keep the claim details in one thread, please advise.

I will submit my Court Bundle. My reply to DG will delete the offending clauses but I will include a letter stating I will only accept their offer without any confidentiality or non disclosure clauses.

I am surprised they included an imposition like this as I have twice sent special delivery letters clearly stating I would not agree to such clauses.

Thank you for your help

[jonni2bad]

Sorry about the Threads, I do not know how to keep the claim details in one thread, please advise.....

 

Just by using this thread to record all information about this claim, rather than starting new ones for each question etc.

 

In this way, anyone reading can see the whole picture and the advice offered will likely be more suitable / tailored etc.