Kelley V's HSBC

[Audreygreeneyes]

if it is for removal fo the stay then date of the order adn what was requested adn the date of the time up limit............ human rights article 6........a record of your contact with the defendant..........

[kelley]

ignore this im just playin with things lol

ive not yet gone mad

[olden]

Hi Kelley OLDEN WAS THERE

 

I am so so dissapointed because by the time I finally got there everyone was gone!!! well this country bumpkin set off for the big city and everything was fine until I was turned away from St Mary Street, (I should have come in the other way North Road) I then toured the unfamiliar sites until I found another car park and then ran ( sort of) it was nearly 11oclock by now, so I just handed in my amended Application and letter, and asked the clerk had many been in before, he said about 20 at one time. I am so so sorry to have missed you all. I got to bed at 3.30 and up at 7.45, so I am shattered now !! I phoned the western mail but Alan the reporter wasn't answering, left message. I also decided before I left to trygetting a message to Martin Lewis to inform him that there would be quite a number of us at the Cardiff Court CARVE UP this morning if he would like to be there, but maybe his on his holidays anyway.

I was ready to meet the press I even tonged my hair!!! (Which was blown to bits anyway by the wind and rain)

[kelley]

Hi ya olden

Im back also, the clerks looked flustered when I was there espeacially when all were asking where is the judge...... I truely think he was running scared lol

[manicblonde]

Hi Kelley

 

Did it Go Well? Did you get the Judge to appear from his Chamber? and more importantly did you get your Face on the front of the Western MAil??

[dee1954]

I'm back. Was there at 10 waiting for the office to open. Nice young man had to go off and get someone else to deal with me once I said what case it was. Having said that - the lady couldn't answer any of my questions and just kept saying 'have you put that in your letter? The Judge will consider your applciation and give an order probably in 2 - 3 weeks.' Quite sure the nice young man could have given that answer!

I asked if the Judge was there and she hestitated before answering in the negative! Definitely didn't convince me!

[kelley]

Kind of, NO & NO

I handed in more arguements to my claim, there was no sign of Hickinbottom, if he was there I think he was peeking through an ajar door somewhere!! I didnt see any press.

I have just got off the phone to the financial ombudsman, who claim there is no court in the countrt that is hearing cases while the case is in motion.... so what about all other cases where the judge has said they will not be staying cases,

I think we are in for a long old haul!!!

best we all get on 1st name terms lol I think we will be around for quite a while.......I'm Kelley lol nice to meet ya all

Kelley

[smutley]

Well done you lot for turning up in the rain.... I have had a reply from a reporter on the South Wales Echo, who says she will be ringing me in the very near future (wonder when?) to see if I will do an interview with her .... getting scared now!!! But if theres anything you would like me to say, fire away!

[freakyleaky]

Hi smutley. One thing you could mention is that in a few cases where they have made offers they are stipulating that they will only pay the money off debts and if the claimant doesn't accept and asks for payment in the form of a cheque then they are treating this as a refusal of the offer. Have a look at the last page of this thread for more details Hsbc say my refund for charges has to pay off mcs debt!! Is this right??(

[smutley]

okey dokey, will go and print that bit out and put in my HUGE file

[jailbird]

Could you PLEASE bring to light the fact that HSBC are taking their charges from clients benefits even though it is illegal. They are also not willing to to deal with any cases relating to this either so are conten t to carry on breaking the law.

 

See my thread. Thank you.

 

Chris

 

aka Jailbird

[Mostyn1704]

Have posted on "News from Cardiff" Sorry we missed you Kelley and Olden. Yes Kelly, I think we will be getting to know each other over the next few months ...??? .....years ??? !!!! I didn't ask for Hickinbottom but spoke to Courts Listing MAnager who confirmed that a blanket stay was applied to all the cases today - including credit card ones.....clearly against the direction of the MOR

[kashie]

Yes Mostyn1704 my barclays and Citi cards claims due for hearing today have both been stayed. Did they mention anything about why they are doing this with the credit cards???

[Mostyn1704]

No, Kashie, the court manager could not explain when I asked why the court was going against the direction of the MOR. Just said that judge would deal with requests to lift stay on case by case basis. I suspect they wanted to give themselves time to sort them all out and just bashed ahead blindly to get letters out to everyone before today

[kashie]

Do you know where I can get a copy of the statement released by the MOR about the test cases and how the credit card companies would be exculded from this so i can use this in my application to lift the stay?

[lateralus]

it's up in the announcement bits - i'll look.

[kashie]

I found something stating the banks that will be involved and Citi is not one of them. It's so annoying as I know I have read this somewhere, but cannot find out where.

[lateralus]

kashie - here's a lively thread with links to the original press releases and much discussion - Office Of Fair Trading Test Case

 

if you put oft test case or something similar in the search on the blue strip above the forum - you'll find lots more - hopefully what you want is in one of the links on that thread.

[kashie]

Thanks loads seen that link - it states the banks involved, but does that include barclaycard cos barclays is one of the banks?

[lateralus]

there is discussion on there - about whether cc are included - didn't follow it all the way through.

 

my thinking is going back to the original wording - found in the first post on that link - the original statement refers to current accounts several times and never mentions cc's, mortgages, business claims. so i dont see how it can apply to cc.

 

keep looking - you'll find it - i read it too someplace

[kelley]

Hiya not sure if you have read this but Im over having a nose now,

There is also a full copy of the agreement between the OFT and the banks,

Its intersting reading!

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

[olden]

smutley

Classic Account Customer

 

Join Date: Apr 2007

Location: Cardiff

Posts: 179

 

 

Re: Cardiff directions hearings *POST HERE*

Heres the Master of Rolls letter for us to base our letters to him/her on.. might need to change bits to suit

 

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

 

 

 

Dear Sir,

 

 

Claim Number XXXXXXXXX and Claim Number XXXXXXXXX at Cardiff County Court.

 

SORRY I have the wrong one there is a later version from smutley, going to look now, it should be on the Cardiff directions site.

 

OK its on Cardiff directions site,smutley post 498

[Audreygreeneyes]

here is the letter that manic and I wrote last week, its a mixture of bits. jsut chop and change it to suit.........

Sorry Pete, Rubbish at cooking! Ask my Hubby!

 

Sha, Here's what I sent. I'm not the best at writing either so just altered the covering letter I sent to the court with my N244.

 

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

 

 

 

Dear Sir,

 

Claim Number XXXXXXXXX and Claim Number XXXXXXXXX at Cardiff County Court.

 

I am writing in the hope that you may be able to clarify for me the situation in relation to the stays issued on over 600 cases at the above court.

 

I am at a loss as to how this can happen so swiftly given that your directions were;

 

"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."

 

I am a litigant in person so please accept my sincere apologies for my lack of understanding in these matters if I am incorrect, but, Surely placing stays on over 600 cases in one court, listed for the same day (14th August) and at the same time (10.30am) would be classed as a blanket stay?

 

I have written to the Court Manager at Cardiff County court enclosing forms N244 in the hope that the stay will be lifted on my case and the claim allowed to continue as I have done everything in my power to try and settle these matters without the courts intervention, however, DG solicitors have yet to respond to any of my correspondence or even adhere to the courts general order by serving their written representations to the court or I within the specified time limits.

 

No doubt you will be receiving numerous letters from many of the claimants in these cases, and I am sure that they will all be stating very similar issues. One of the main issues from my point of view is the fact that by issuing these stays in the banks favour, the Status quo of these cases are no longer maintained as the stay prevents the claimants pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever and actually seems supportive of the banks litigation strategy which has been a complete waste of Court time and resources to date.

 

If you do require any further information from me in relation to these matters please do not hesitate to contact me.

 

 

vbrep_register("1066787")

[Audreygreeneyes]

thats post 104 on manicblondes thread...........

[kelley]

I used that letter, thought it was very well written you 2 should be proud

Kelley