Candice - v- HSBC

[Candice27581]

they've also defended my claim, I am assuming I just wait for the AQ to come through now?

 

Do I pester DG in the meantime? or would that be pointless?

[lateralus]

very few are getting aq's now - see this thread:

New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

 

i think it's ok to ring dg once - to see if they've received your breakdown (which you sent, yes?!)

 

after that - it's letters all the way - wait until you get your paperwork which will probably say the aq is being dispensed with and then get to work on a nudge letter for dg - and then one with a breakdown every 10 days until they offer.

[Candice27581]

I still haven't heard anything - is this just the way it is going to be with the new system. I only sent DG my breakdown last week, would this have effected it - wasn't sure I had to until I read nettys thread.

 

Any news with you Pinkdutchess?

[Castlebest]

You just have to hang tough Candice, the offers are still comming slowly. Keep sending the nudges just to remind them your still there and eventualy you will come to the top of the pile.

 

I should think you will get notification from your local court soon telling you how your District Judge wants to proceed, this should add some pressure to your attempts to get DG to make an offer too.

 

pete

[Candice27581]

Spoke too soon - had a "Notice of Transfer of Proceedings" this morning - just found in on the kitchen side.

 

To all parties

 

A defence to this claim has been filed.

 

The claim has been transferred to the court coveringthe area where the defendant (this is then crossed out an in pen is written claimant) lives or carries on business.

 

please read the accompanying documents carefully (and the typed but crossed out in pend it says "and note that the allocation questionnaire should be returned to the Cheltenham County Court".

 

All further communication should be addressed to:

 

The Court Manager

Cheltenham County Court

C/O Gloucester County Court

Kimbrose Way

Gloucester

GL1 2DE

 

Telephone 01452 834 991

 

the next sheet says "The filing of an allocation questionnaire be dispensed with in thiscase unless the district jusge at the county court of transfer orders otherwise.

 

What shall I do now? Do I send the court a breakdown of my costs?

[Guest ChloeJane]

Do nothing....

 

As frustrating as it is, you can do little now.

 

The Local Court as stated will be in touch and send you a copy of their defence.

 

Why do they defend? It does not cost them anything and makes you doubt your claim! - hoping you will settle on a lesser amount...

 

At this stage you are probably thinking - oh no...court and allocation questionaires, what have I done?

 

The best thing to do now is sit tight till the court is in touch. They will send you a copy of the defence and further instructions.

 

If you are worried at this point - that was their intent - its all just a delay process now of paying you. So why do they do it?

 

Because.................

 

Primarily it delays things.

 

The office of fair trading has said £12 is reasonable for their fees etc but this is still much higher than it really is! So if they had to attend court, based on what you have asked them to provide in your application to the court..they would declare it is less.

 

The banks are drawing it all out as daily they earn interest on YOUR money....so why pay you earlier than they need to or are forced to! Why not have you unsure and possibly agreeing to a much less offer!

 

So they won't show to give the information under the disclosure rules -rules to disclose documents that you have asked for.....because their fees are actually even much less than the office of fair trading set!! Once they defend once with their fees, everyone could view them and everyone would be reclaiming and not intimidated as it was a sure win!

 

So hang in there! Its a process and like a chess game! Nerves of steel needed and use the site and support to be confident.

 

Keep smiling!

 

CJ

[lateralus]

two things, candice. one - you mentioned not sending dg a breakdown until you read netty's thread - so did you send one to the courts - if not - send one now to that new address you've just got and ask them to attach it to your claim - and give the claim number. if you did this earlier - then don't bother.

secondly - as per my thread - you now can start with post 1 - it may help you with what's coming - and also gives you ideas for nudging letters to dg. whatever your local court decides to do - an offer from dg is a better option - and to that end - send a nudging letter once every 10 days.

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

[pinkduchess]

hi candice - I'm still waiting to hear from local court too. We need to wait & see what direction our local judge decides to take. so do as lats says & start to nudge dg.

[Castlebest]

ooh Candice is posh, Cheltenham indeed

[Candice27581]

It is a nice place to live as far as towns go but I wouldn't call it posh although we do have the Prince Harry and Prince William just down the road and Liz Hurley got married at our local castle last month. Come and see it if you like when you support me in court against HSBC - I read their defence on the letter from the courts, couldn't beleive it, they're still throwing the old "it's in your terms and conditions" jargon.

 

As i've said previously I work for a solicitors dealing with remortgages etc... anyway had a redemption statement through the other day and it details a closing admin fee of £350.00 for this borrower and then on the top of the letter it had a sticker that recalculated the figure saying "due to the new fsc announcement regarding closing administration fees and to reflect good lending please add £200.00 to the redemption figure by way of reimbursement to our borrower. It amused me to sasy the least!

 

Nudging letters have started.

[Candice27581]

Has anybody had an out of court settlement from these nudging letters yet?

[lateralus]

who's to say - i can tell you a good few who have had offers made and are finished now and they were writing nudge letters - had they not - would they have gotten offers - of course - eventually -

i can't say it works - but i can't say it doesn't. i think of each settlement as a win - and that's the goal - so.......

can't even tell you all of them since you last wrote - whatawoman, kat, micheyboo, oyster ........ my mind's gone to sleep - think my body will follow shortly.

[Castlebest]

All we know for sure is, if you write them a letter they have to get your file out of the cupboard to file it away, if you dont your file stays in the cupboard.

 

As Lattie says we have no proof one way or another if nudging works.

 

Logicaly it should

 

pete

[Candice27581]

I had a letter from the Court this morning:

 

GENEREAL FORM OF JUDGMENT OR ORDER

 

Before DISTRICT JUDGE SINGLETON sitting at Cheltenham County Court, Care Of, Gloucester County Courty, Kimbrose Way, Gloucester, GL1 2DE

 

Upon referral

 

IT IS ORDERED THAT The Claimant do file with the COurt, Further Particulars of Claim and do serve the Defendant with the same by 7th June 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimant's claim will be struck out.

 

The District Judge of this Court require the amount of bank Charges cclaimed in thr Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of wach charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon.

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8 If you object to the terms of this order you must make an application to the Court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10*

 

*This means that if a party is not happy with this Order and wishes to object to it, then a party merely has to write a letter to the court within 7 days of the date of this Order specifying the objection and stating the grounds for it; no fee is payable for doing this. THe file will then be referred to the District Judge.

 

Dated 10 May 2007

 

..................................................................................................

 

At the top of the court order it is dated 16 May 2007???? Does this mean 7 days from 10 May or 7 days from 16 May

 

What do you suggest?

 

I have nudge number 2 to send on Tuesday?

 

How do I send particulars this time?

 

Has anyone else had a letter like this?

[Candice27581]

Can you let me know what you think of me filing these as my my POC and then attaching 3 copies of my scedule of charges?

Would this be satisfactory. Although it hasn't asked for a fee shall I send one anyway?

...................................................................................................

At the xxxxxxxxxxxxxx County Court

Claimant

XXXXXXXXXXXXXXXXXXXXXXXX

Defendant

HSBC Bank Plc

DX 712630

Birmingham

Brief details of Claim

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

Value

Charges £XXXXX

Interest under s.69 County Courts Act 1984 £XXXXX

Court Fee £XXXXX

 

TOTAL £XXXXXXXX

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.00022 per day OR at such rate and for such periods as the court deems just.

PARTICULARS OF CLAIM

 

1. The Claimant has an account XXXXXXXX("the Account") with the Defendant which was opened on or around XXXXXXXXXX.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

 

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from XXXXXXXX to XXXXXXXX of £XXXX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.00022p.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[Candice27581]

Just re-reading the General Form of Judgment or Order it says to also issue particulars of claim to DG - by 7th June.

 

Why would this be? It this a good thing? It feels like we are getting close to settlement.

 

[lateralus]

yes, that's fine and yes, send to dg.

[Candice27581]

Just wondering how everyone is doing - seems not as easy as we all thought, has DG actually met anyone in court yet? If so what is the thread link?

 

Is anyone in the same situation as me with regards to further particulars of claim being sent to court?

 

I know from some of the threads that court dates are being issued but I would be here for hours if I were to read through all of them.

 

Getting anxious but just hope we are all on the right track and fingers crossed for everyone.

 

How are you doing pink dutchess?

 

:-|

[pinkduchess]

hi candice - I am keeping an eye on your progress. I am still waiting for directions from the local judge - so you're a bit ahead of me. fingers crossed we'll both get there soon

[lateralus]

no one been to court yet with this - they settle at the last moment.

i'm working on a theory that dg only deals in two instances - one: if a court date, deadine, etc. is fast approaching and two: they are working their way through a vast pile of claims - by their own admission in several instances "in a strict chronological order" my theory assumes this to be filing dates and we are looking at claims being filed late february now being dealt with so - check your filing date and calculate accordingly.

no one said it would be quick - it is taking longer and longer but they are still making offers - keep on nudging.

[Candice27581]

It's fantastic to hear peoples story - we are all in the same situation give or take the routes taken by our own local courts.

 

I seem to have a lot of people wanting to see me fall flat on my face with this through jealousy of the fact that they couldn't be bothered to fight their own costs and can't wait to say I told you so.

 

Well I can't wait to say I told them so. I am getting closer, but sods law is that I will be the 1st to be taken to court, but bring it on is what I say!!

 

Just think - each day that goes by i earn .69p in interest on my charges! Ha Ha. Doesn't sound much but over 6 years it has added up!

[Candice27581]

Any thoughts/links on a 3rd nudge letter - I think it's about time I reminded DG I am still here.

[Candice27581]

Also PD - I'm keeping an eye on your progress, haven't seen any new replies from you - I assume you are still waiting patiently!

 

Even though we are at a similar stage we seem to be going in different direction, the whole process seems really unpredictable at the moment!

[lateralus]

there's a third nudge letter in my aq threads - just after the first and the second - but don't be frightened to take them to bits and rework them and make them your own. i just wrote what i thought might work - they aren't set in stone by any means - feel free to play with them - add to them - do what you like......

i think a nudge every 10-14 days until they offer is acceptable.

add any new info - like court dates, directions, etc.

[pinkduchess]

hi candice - yes still waiting to hear from the judge. was thinking I hadnt heard news on yours too & theres another candice I see