GYHOMS v hsbc... have just entered defence

[HSBCrusher]

 

pm one of the mods - crusher is very accommodating

that's a vicious romour...

 

what do you wish as a new title?

[GetYourHandsOfMyStack]

yeah, i heard that as well mate.. just noticed that on the litigation section eveyone elses thread seems to give an indication of what stage they're at, so i guess something catchy like 'HSBC just entered defence'

cheers!

[HSBCrusher]

better ?

[pinkduchess]

crusher is very accommodating

 

told you so...4 minute response time - not bad crusher

[GetYourHandsOfMyStack]

nice one, that was more than accomodating, i dont know what the word for that would be though!

[lateralus]

easy, easy!!!!

[pinkduchess]

thats the word!

[GetYourHandsOfMyStack]

right, getting a bit jumpy about this now, specially considering the lloyds case in the last few days, but reading through what everyones been saying, i still want to go for it!

 

got my AQ through in this mornings post, banks defence is as follows:

 

1. The claimants account is governed by the defendants personal and/or business banking terms and conditions.

 

(i dont have the original t&c's i signed for when i opened the account as i was only 16 and didnt think id need em - does anyone have any old t&c's?as i understand the sneaky blighters have changed the wording to be more vague and im starting to think i might need them!)

 

2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including and overdraft review fee for considering whether to provide and providing and (sic) overdraft.

 

(this review fee they're on about here, is it seperate to the charges issue? i mean, if its a fee for them to sit about and think about whether i can go overdrawn or not - regardless of the fact that i already have! - can i still say that the fact that it doesnt cost them that to pay people to mull it over or not means its unfair and they should give it back?)

 

3. The Defendant denies that the charges applied to the Claimants account amount to penalties at common law and/or unfair contract terms for the purposes to the UTCCR's 1999.

 

4. The charges applied to the Claimants account are reasonable and are properly and fuly disclosed in the Defendants terms and conditions and published price list. The charges represent the contracually agreed price for the services provided and the UTCCR's are not applicable to them; alternatively, they are not unfair contrary to the UTCCR's. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

 

5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

I guess this is pretty much the same defence as everyone else has got so im doin ok so far and not cocked it all up on a technicality. Next thing to do then i spose is send off the AQ all nice and neat, and im guessing that on the Mediation bit ive been sent im sposed to say that i would love to mediate with them?

 

Also sent DG a fax on monday saying that i would accept an offer of the same amount than my claim (less 47p!) but surprisingly havent heard from them. Think im on top of things then but you never know...

[lateralus]

here's some help if you want it:

 

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

 

and also this:

Mediation - a bad idea

 

crusher is trying to put together lots of t & c's so give him some time - you wouldn't need them until at least the court bundle stage and that's a ways away.

 

 

 

one other point i've been playing with for awhile - i read in one case where a bank refunded everything from before the claimant turned 18 as there is some block on them charging these charges before then - or collecting them - i really don't know what i mean - but it would be an excellent line of research for someone who had money troubles which started with them putting these charges on your account from before the time you turned 18. do some homework and see what you can find out.

[GetYourHandsOfMyStack]

Hi laterlus, cheers for your reply:D That mediation link was just what i was looking for, i couldnt really see any reason against it but theres a few good ones there, and will def use the letter.

 

Sent DG a breakdown of my charges a couple of days before their deadline to enter a defence was up, am almost wishing i hadnt, as they were cutting it fine on the deadline, and i think my letter might have reminded them, otherwise i'd have won by default, but thats just a theory. So anyway they got the breakdown then, and i faxed them a nudge and another schedule on monday, still no response.

 

My claim is for £2,427.47, so will have to pay, but im gonna have to wait till just before the deadline anyway cos im skint ( more charges this month...) and i get paid just before it, but got a remission from court fees when i filed so may get that again, fingers crossed.

 

On the age thing, there's only one charge im claiming for (£27.50) which was applied when i was under 18, but will def have a look into it, as if i get a judge like the one from birmingham i definitely want to get em for something, even if its only £27.50!!

[lateralus]

you'll get more than 27.50!! don't worry about that.

as for reminding them about the deadline - we've found out for months now - that the courts just give them extra time to file their defence if they miss that date - in all the time i've been watching (nearly a year now) i've seen 2 cases where they didn't put in their defence and then screwed up getting it in late and just put their hands up and sent the money - didn't even have to have the court to tell them to. it's very rare! and that was back months ago. so, i'm saying they would have filed a defence anyway.

try to remember this through this next bit - them offering is far better than the court telling them to pay up - if at any point you can get a default judgment - they will just stall, stay, file more crap and it's not the best result - much cleaner to just get an offer. to that end - send them the nudges - e very 10-14 days until they offer - yes, remind them of the aq - how it will cost them another 100 - use all the dates and deadlines to get them to offer - there are nudge ideas in post 1 of both my aq related threads - both found in my signature. and yes, leave the aq until it's closer to the deadline - they won't file theirs until it is due - but keep nudging.

[GetYourHandsOfMyStack]

you are a saint lateralus, im gonna recommend you for a nighthood or something like that! cheers, will keep you posted...

[lateralus]

"nighthood" - does that mean i get to sleep more? lol

[GetYourHandsOfMyStack]

yes, but you have to sleep 'in da hood...' aha...

 

just had a thought this morning about my case. When i first sent the lba's and all the other stuff before filing my claim the schedule of charges i had was correct because the amount i was demanding back was within an exact 6year period from when i sent the last letter. When i filed the claim i used the same schedule of charges, thinking that as that was the period i was claiming for i should stick with it. so basically what im saying is i think ive gone and done it all wrong cos i filed my claim on the 11th april with a schedule of charges that went from the 9th march 2001-9th march 2007. this, im guessing, makes me a nidiot?:o i hope ive not been a nidiot. bugger! is it too late to amend my claim?

[lateralus]

don't think i'd bother - if there are a few older ones - and if you hold out for them you'll get them - if you decide not to hold out for them you'll be able to settle for a little less and if you've had more since mid march - you can file again or use as leverage when they get around to making an offer.

you are not an idiot - just an average person trying to get their money back. stick with it - not toooooo long now.

 

 

 

i could sleep anywhere!

[GetYourHandsOfMyStack]

brilliant! very glad about that cos i kind of thought i might have come all this way and have to start again! havent filled out my aq yet, am gonna send another nudging letter tomorrow, got till the 1st of june to hand in the aq. do you think its worth me mentioning that i have noticed what i have done with the dates in the letter? although im guessing they dont even read them properly anyway!

[lateralus]

no, point out nothing - send a nudge - say basically - aq is due soon - i'm filing mine - better get yours in too or would you like to make me an offer.

 

if your claim is for more than 1500 - it will cost 100 so tell them that too - the price goes up - letter nearly like that in the nudge ideas post 1 of these two:

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[GetYourHandsOfMyStack]

how does this sound?

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: Mr Get your hands off my stack - v - HSBC

account no, XXXXXX

claim no and filing date. XXXXX – 11th April

 

I am somewhat disappointed that you have not replied to my earlier correspondence via facsimile on Monday 13th May, although as I am mindful that you are dealing with a particularly high volume of claims at the present this is perfectly understandable.

It has come to my attention that as of 22/05/07, you have not filed the Allocation Questionnaire in this case which is due on 01/06/07. I am currently in the process of filling out my copy of the Allocation Questionnaire, and will be filing it this Friday 25th May.

 

I would remind you that with the filing of the Allocation Questionnaire, the amount of my claim will rise by a further £100 to recover the cost of me proceeding to this stage of the claim.

As I mentioned earlier, I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £2,738.00, as opposed to the sum of £2,838.47 (plus interest at £00.53 per day since the issue of the claim) which will be the total after the filing of my Allocation Questionaire. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Faithfully,

 

 

thought id spell it out for em - not too cheeky i hope!

[lateralus]

space in not filed,

 

 

it's just fine - and send a breakdown with it.

[GetYourHandsOfMyStack]

oh yeah, nice one, thanks again!

[lateralus]

and also - please, please use that name - Mr. Get.......

[GetYourHandsOfMyStack]

I tried to use the name, but they reckon pink floyd are already hunting me down for the royalty cheque sos im gonna lie low for a bit on that one...

 

Anyway, filed my AQ at the court yesterday - DG hadnt filed theirs when i rang just before they closed, but im sure they'll get let off there. I attached the Draft order from the AQ link you gave me, and also included the letter about mediation. Apparently theyre about 5weeks behind on the AQ's for bank cases but i happen to be friends with the girl who does all the paperwork for them at the court office so i might be able to get mine pushed through nice and quick but i guess this is a bit naughty so i'll probably have to wait a while.

 

How long d'you reckon it'll take to get a court date? Am gonna keep on nudging DG every few days, is there anything else i should be doing?

[GetYourHandsOfMyStack]

hi there lateralus, havent been on here for a while as i was getting a bit obsessed with the whole thing, and waiting for the payout was driving me up the wall! Thought id stop in and say a quick hello, still waiting tho, and still heard nothing from DG.

 

Rang the courts on fri to ask how my claim was proceding and they said my case had been looked at by the judge and was now back with the office just waiting to be processed, they're still a bit behind with the paperwork but they said they might know whether theyre gonna give me a court date or if the judge agreed with the draft order. Am gonna send DG another nudge tomorrow, but i cant beleive its taken this long (i am sometimes a tad impatient tho...) I was reading one of your threads from a while ago and you seemed to have worked out which cases DG were making offers on based on when the claims were filed at the court, which was very clever, any idea which claims theyd be workin on now?

[freakyleaky]

Dg seem to settle once they have received your court bundle. Obviously you will only send this in if you get a court date. If the judge agrees with the draft order and throws the claim out then you will have your money sooner.

[lateralus]

yeah, i think i've had to rethink on when they are offering - used to be really easy - back when - you filed - couple of weeks - they offered - then it was before the aq was due - then it was according to oldest claim and i think now they must have a big board in the office to keep track of what is due when and as soon as court directions come in - when it involves them doing something at court - they offer (as long as you've done your bit of what the directions state)

so, if it is you submitting a bundle - yep, you send them the bundle - they offer, if it is a directions hearing, just before - they offer. so, until you get your court directions - can't say when you might hear from them -

it must be absolute chaos in that office! i almost feel sorry for them!

post your directions up here when you get them.