thenanny v HSBC!! ***WON***

[caro]

You can start again, but couldn't add the 8% on until the court stage. Alternatively you could work out how much it is, including the interest and suggest to HSBC that they might like to include that sum with their settlement on your other claim. It's worth a shot.

 

How come you had 2 claims on the go at the same time by the way? It's a wonder they weren't combined.

[2makemoremoney]

Basically my claims were too big to go together so were sent seperatley. Hence I have another court date in Aug.

 

This 3rd claim I have only just found the statements for so will whack that in the post today to HSBC and see what comes back.

 

jo

[Castlebest]

Gawd a few arse clenching lessons and we have created a monster

 

You go for them Jo

 

pete

[2makemoremoney]

What a ball ache trying to get my cheque out of HSBC!!!

 

They sent a cheque, put it in A&L account which they then lost! Rang HSBC and asked them tostop it and put money straight into account for me, which they wouldnt do, only at their convenience. Very frustrating as we were going away and needed it!!! Grrr. A&L have had full blown bollocking as they put charges on my account for a chq they lost!

 

Just got back off Holiday to hear from hubbies workmate that OFT are stooping all on-going claims???? What the hecks going on? I'm sposed to be in court again on the 17th Aug, which Noddy has conveniently told in a post, is still going ahead. Not heard anything off DG at all.

 

Jo

[Noddy73]

See of the OFT website for a FAQ. If you have already received an offer, they must honour it. So no probs. If they do not do it, you can complain to FOS and inform the FSA.

[2makemoremoney]

Ok after spending all day yesterday printing a damn court bundle off for posting today, I recieved a letter from DG this morning.

 

It states that they will be applying to the Court to stay my action intil resoloution of the banks proceedings with the OFT.

 

I gather this is a very standard letter that they are sending out at the mo, should I still send the court bundle? Should I ring them court and check or will I be notified by them before next Friday?

 

Jo

[freakyleaky]

Carry on with your court bundle as normal! Also read up on the removal of stay application. you need to get this sent in upon notification from the court that a stay has been granted.

Noddy is really knowledgable with regards to the stay's and also auburngreeneyes is now knowledgeable on what is needed!

[2makemoremoney]

Thanks for that Freaky hun, where do I find Removal of stays ?

 

God my minds gone totally blank with putting together court bundle.

 

JC xx

[freakyleaky]

Application for removal of staty

 

Have a read of this thread right through! It has some good advice along the way together with links for the documents needed. Another thread with alot of good advice on the stays is on the "news from cardiff "thread!

 

It does all get a bit mind numbing after a while!

[2makemoremoney]

Right well the next Court bundle was osted on Thursday but havent heard anything from DG as yet.

 

Thought they might have replied with their snotty letters today.

 

Does this mean they think they are in a good place to put a stay on my court date?

 

Will let you know tomorrow if I hear anything. Court is on Friday at 2pm.

 

JO

[jailbird]

Hi Jo

 

Do you need a buddy ?

 

Hope you ok

 

Hugs

 

Chris:p

[2makemoremoney]

Aww yes please!

 

Hopefully it wont get to that, will print off a letter reoving stay just in case i get to court and they say the banks been in touch.

 

Sperkesister is going on smae day too but hasnt replied to my pm about what time due in court.

 

How r u doing??

 

jo

[jailbird]

I am waiting, as I tpye, for Jason Newbold to ring me with an offer (DG).

 

Have a quick look st my thread from last week!

 

No problem with Friday let me know details and I will meet you as arranged before. Don't think it will come to that tho'.

 

Dont worry - we will sort it.

 

Chris:p

[2makemoremoney]

Ok I have a letter from the courts this morning saying that my case has been STAYED. Grrrrrrrrrrrrrrrrrrr

 

So as I have only just got in and read this I better go read up on what I do next.

 

This is a pigging nuisance as could do withthe money NOW! damn bathroom flooded this morning cos stupid overflow pipe had come out of tank and the ballcock had not worked properly! Lovely wet bathroom now, nice.

 

At least I dont have to attend court on our wedding anniversary, hehe.

 

JO

[Audreygreeneyes]

ok here si the stay removal thread..........http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108935-courts-stays.html

 

here is the letter I sent in with my request:

 

09.08.2007

Claim Reference Number 7QZ45507

Dear Sir,

 

Claim Number7QZ45507

 

 

please find attached Forms N244 in relation to the above mentioned case along with supporting documents. I would respectfully request that these are passed to the Judge for the allocation of a hearing date.

 

 

 

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank’s by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the bank’s activities whatsoever and allowing them to further abuse the court process.

They had no intention of defending this case in court as they have not done so thus far and believe they are using the OFT test case in the same manner. By requesting stays quoting the test case they further delaying and abusing the court system for the bank’s own gain.

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

Attached is part C is my supporting evidence with this regards

 

Yours Sincerely

and here is the 1 manic sent........

Re: Manicblonde V Hsbc

Here is a copy of the covering letter I am sending with my forms. Do you think its a bit strong?

 

Dear Sir,

 

Claim Number xxxxxxxxxxxx and Claim Number xxxxxxxxxxxx

 

 

Please find attached Forms N244 in relation to both of the above mentioned cases along with supporting documents. I would respectfully request that these are passed to Judge Hickinbottom for his decision in this matter urgently.

 

Would you also please confirm that in light of there being over 600 of these cases that were listed for the 14th August, how it is now proposed the judge is going to be able to give each of the 600 cases the consideration it deserves rather than the use of a Blanket stay as per the directions of The Master of the Rolls as quoted below;

 

 

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever.

 

Please note that I am unsure of what fees if any need to accompany these forms and therefore please contact me xxxxxxxxxx if fees are required in order to process these forms and I will ensure that payment is made forthwith.

 

 

use either or make your own with the bits from each one you fancy...........

 

andremember TO ASK FOR A HEARING. for the stay removal.........

[2makemoremoney]

Thanks for that, so I just send the N244 form that I filled in with one of these covering letters to the court?.?

 

j

[Audreygreeneyes]

yes, if you wantme to tell you what I put and where in mine. np............some ppl are jsut sending in letters, I did both... up to each individual..........

[2makemoremoney]

ok, no word form Court after sending in letter and form to stop the stay.

 

Has anyone else had anything back? feel like I'm being ignored and this is all pointless at mo.

 

God I need this money ! so in the crap at the mo. Need this while I'm off work with my back op!

 

j

[Castlebest]

Have you tried phoning them to whats happening ?

 

pete

[2makemoremoney]

Rang court and they are sending it back cos I dodnt put proof of benefit into envelope. It didnt actually ask me to send it in! pointed that out to woman. do'h!

 

Has anyone got their stay removed from Blackpool Court????