Mule V HSBC **WON**

[Castlebest]

Fee's are allowable , stuff HSBC are allowed to charge you for, penalty charges are what we claim and we belive they are unlawful.

 

Having said that HSBC will call anything a fee whatever it is, a charge of £115 for returning a cheque is a penalty charge without doubt. have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

Its your claim, your the only one who knows how much you need the money and you have to weigh that against how much you hate HSBC.

 

Cash in hand now or nail them later.

 

pete

[Mule]

Brilliant, I've just realised that as today is a bank holiday, the 10 working days they gave me to accept their offer ends on the same day as their final day to file a defence.

 

Hopefully this means that if they do file a defence I can still accept their offer and if they don't then I take the whole lot

[Mostyn1704]

Mule ..seems to me you have other options also..

a)You can respond to their offer saying that you will accept it only on understanding that it is partial and you will continue to pursue the remainder - see rejection letters somewhere here.... buys a bit more time too, as the courts often give them an extension

b) You can take them up on the £115 "fee" How on earth do they arrive at this figure !!, and the pre-6 years argument

 

They did the same with me, knocking off a few of the earliest claims, to which I sent a detailed letter, accepting offer as only part payment adn pointing out how they had mis interpreted this Standards of Limitations rule (pm me if you would like a copy of the letter I sent- don't think we are supposed to post here)

 

 

As Castlebest says, it is your decision, your money...but IMHO a letter to clarify as per above might give you more soom to manoevre. Good luck whatever

[Castlebest]

One thing to remember, DG solicitors will not go to court under any circumstances, if you dig your heels in they will pay you your whole claim.

 

and £115 for a returned cheque is not a fee its a penalty

 

pete

[Mule]

I got another letter today from my local (Reigate) court saying

 

'as a result of an order made 10 May 2007, this claim has been transferred to Guildford County Court.'

 

On the next page it says

 

'Before District Judge Levey sitting at Reigate County Court... [courts address]

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that the matter be transferred to Guildford County Court for directions'

 

 

Anyone know what this could be about and if I should be objecting?

[Michael Browne]

See here:

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

[Mule]

See here:

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

 

I'm not really sure what I'm supposed to be reading, the only thing that seemed to fit with my letter is that the bank had requested it be transferred to another court to make it awkward for me?

 

If that's what you mean then the letter makes no mention of HSBC's intervention and the other court is still relatively local to me (Probably 25 miles rather than the 10 to my nearest one)

[Michael Browne]

It is ordered that the matter be transferred to Guildford County Court for directions'

This could mean that you will be sent a Directions Order, but more likely that there will be a Directions Hearing, thus the above link.

[Mule]

Tomorrow should be the last day that HSBC had to file a defence but I've received no notice them doing so from the court.

 

I got a letter today stating that the claim has been allocated to the small claims track.

 

Hearing will take place on 28th June at Guilford. (seems my claim has moved court)

 

a) They want to me deliver to every other party and the court copies of all documents that I inted to rely on in the hearing. (Here I have a problem, I hope they don't mean all my bank statements as I got the info off the internet and didn't print them off, if I got them now I'd be missing 2 or 3 months worth)

 

b) the copies shall be delivered no later than 14 days before the hearing.

 

c) The original documents shall be brought to the hearing (Again, could this be a major problem for me?)

 

I received no sign of an allocation questionnaire.

 

So what do I do now?

[Mule]

Can anyone advise if I need to print my statements off please?

[Mule]

I'm still at a total loss as to what I should be doing now, please help :?

[darkrage]

bump -

 

i think this is what you need :-

 

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

could a mod comment on this thread i think he has problem with statements.

[darkrage]

if you were me i would goto my local branch and ask them if they could print off the statements for you take with you the £10 fee and the subject access letter. dont know if they would mind you but it has to be worth a try.

 

also if you have online banking it is possible to get 6 years worth of statement s i think but i have not tried that iether tho.

 

you do need the statements and it could cause your case to be striken out if you dont have what they ask for by the time the require.

 

i have asked a mod to come take a look at this thread hopefully they can advise you more accurately than me.

[freakyleaky]

Did you file on line with MCOL or direct using the N1?

[Mule]

Thanks for the help darkrage. I can still get the statements online but as it only goes back 6 years I'll be missing 3 or 4 that were available when I started the procedure (Ones that I'm trying to claim charges from). Also, will print offs do?

 

I filed using the N1.

[freakyleaky]

Printed copies will be fine. At least i hope so cos thats all I've got! Don't know what to suggest about the missing statements, maybe lat or pete can jump in and help you out!

[darkrage]

yes copies will do but only send in the ones with charges on them. about the other 4 statements i honestly dont know how you can get them other than asking the bank nicely.

[freakyleaky]

Yes it goes without saying, don't send statements if they have no charges on them.

You could just send a note of the dates and ammounts of the charges that you have no statements for and if they argue the point in court they can only deduct the amount from the missing statements. They might not spot the missing paperwork!

[Castlebest]

Hiya mule, your looking at a court bundle here but dont panic have a read of this thread...

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/43943-cc-hsbc.html

 

DG took him right to the wire but paid up rather than having to do a bundle themselves. Your court date is the 28th of June so you need a bundle on the the 14th of June this gives you three weeks to do the research and we will help you as always.

 

Download the basic court bundle from the templates library and start to put your own info into it but dont bother printing anything off yet, you will get an offer before you go to court.

 

pete

[Mule]

Thanks for the reassurance

 

Should I be sending a bump letter now?

 

Also, is it worth me asking my bank if they can do me the missing statements? I'm a bit concerned that by requesting them they'll realise I don't have them.

[Castlebest]

Hiya Mule, yes send DG a nudge, think Lattie has done a draft to include something like "now we have a court date" in her "New maybe no AQ" thread (I think, getting confused where things are now).

 

Stick to the figures you submitted with your MCOL, if some of the statements supporting those figures are missing I think you will have to gamble they dont spot it. If they do they may try to adjust your claim total but it wont invalidate youe whole claim.

 

pete

[Mule]

This isn't going at all well. I've got to a point where I still haven't submitted my court bundle and I only have till tomorrow to do it! (I should have known my printer would die on me)

 

I've printed off everything in the bundle and added to it my correspondance, schedule of charges and statements, now all I believe I need is a statement of evidence. I don't know which one to use though as I haven't been given a reason why the banks is defending the claim, just been told that they are.

 

Do I need anything else?

[Mule]

OK, I think I've worked out that I need to use the first statement of evidence and that I should also be including a full printout of HSBC's T&C from this link.

 

On the statement of evidence it lists 'Documents attached in support of this statement' - is that just the court bundle or are they on top of the court bundle?

 

I desperately need advice on this, I'm very worried that I might waste the £80 court fees and all the time I've spent on this.

[Mule]

Bump, any help?

[freakyleaky]

Yes i think you are right. it is just everything you are using to back up your case which is the court bundle.