Anne26 V HSBC

[Castlebest]

you will be fine... as long as your judge isnt putting them all in a pile in the yard and sneaking out with a match

 

If he/she gives one case or a 1000 cases a court date it will have the same effect. You will get an offer from DG before that date.

 

pete

[Anne26]

Cheers, Lets hope so, I'm going to send another nudge letter on Monday (might aswell do something, hey)

[Anne26]

Today I've received a GENERAL FORM OF JUDGEMENT OR ORDER from the courts, it states:

 

"On 15/06/07 the papers inthis Claim were considered by District Judge Reeson who allocated the claim to the Small Claims Track and directed that:-

 

1. The Claimant shall within 28 days of service of the order send to the Defendant and to the Court:

 

a) a chedule setting out each charge repayment which is sought, showing the date, amount and reason given (if any) for the charge being made;

 

b) Copies of any statemen or other dosument relied on as showing that each and every charge that has been made;

 

c) A statement of evidence of all matters relied uopn as tending to show that the charges are irrecoverable as penalties or otherwise and

 

d) Copies of all decided and other legal materrials to be relied upon."

 

The above is what i'm required to do, then it goes on to state that the Defendant shall within 21 days thereafter file and serve a response to the Claimant's shedule and outlining what they must do.

 

I've not seen one of these before, but i'm assuming that it is the court bundle that I need to send to them, any advice?

 

Cheers Guys

[jeneil]

yep http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

the above is a link which Lattie wrote and is very concise it tells you everything you need to know, but anything you need help with just ask and someone will help

[pinkduchess]

good - movement at last. no actual court date yet though?

[lateralus]

just pay attention to the dates - you have 28 days to get the bundle in to the court and dg and then dg has 3 weeks to respond. - so, get that bundle going - and get it in with time to spare and a big nudge with dg's copy saying - here's my court bundle - and basically saying let's get this over and done with before yours is due. in fact a letter now saying - i see the court bundle will be due shortly and i'm busy getting mine ready - (just show them you aren't being put off - use the ones in the aq threads in my signature to give you ideas - i think one of the best uses of the nudge is letting them know you are right up to date with what's going on and not fearful of it - then they know their stalling tactics won't work and might just send an offer.

so, nudge dg,

get bundle ready

get bundle submitted to court and dg with time to spare

and nudge dg.

[oi-giz-it-back]

Hi anne. I Take it yours is at notts court. I had exactly the same for my brothers Claim (LTSB) They'v now coughed up!!!

[Anne26]

cool, hope i get mine soon then. I'll probably waste my ink printing the court bundle and it'll be here the next day

[Castlebest]

Printer cartridge from Ink Drop - £ 25.00

Offer from DG - Priceless

 

 

pete

[Anne26]

Oh my god!

 

I'm doing my bundle and realised that my scgedule of charges shows that HSBC charged me £50 in December but they didn't!!!

 

What do I do? I can't believe that I made this mistake, do I just put the right amount in the bundle?, the previous letter to the court shows the wrong amount, are they going to think that i've been trying to swindle some money out of the bank.

 

I'm worried that if it goes to couty, they'll just throw it out coz i dob;t know what i'm doing.

 

Help!

[lateralus]

that won't determine whether you win or loose. -- they will most probably just not pay out on that charge -

everyone makes mistakes - if you were going to swindle them - it would have been for more than £50. just let it go and see what happens.

try not to worry

[Anne26]

Cheers Lat, Shall I put the correct amount in the bundle, even though it will contradict my previous statement of charges?

[lateralus]

i'd go with what you put all along - if the other is picked up - fine - if not - that's fine

[Anne26]

Ok then, here goes, do you guys think that this is ok to go?

 

Statement of evidence

Correspondence from Claimant

Correspondence from Defendant

Bank Statements

Schedule of Charges

Relevent case law summary

Early day motion from the house of parliament

Dunlop V New Garage

UTCCR 1999

UTCA 1997

SOGA 1982

T&Cs 1997 (this is when i opened my acc)

Personal Banking Terms

OFT Statement

List of settled claims

[Anne26]

should i also include correspondence from the court?

[Anne26]

Also, do I need to include my Particulars of Claim?

[lateralus]

your particulars are in your claim so no - they won't be needed - but yes on the correspondence but nothing marked "without prejudice", i'd say a copy of everything from everybody since you started the first letter

[Anne26]

Sent my court bundle last Wednesay (9 days ago) but not heard anything from DG.

 

Every evening i'm hoping a letter's waiting for me with an offer, but nooooo. Maybe tomorrow if i'm lucky:rolleyes:

[hunkydory]

Hi Anne26. We are in the same boat - busy doing bundle at mo as we have court date of 8th August for my hubby. Fingers crossed for all of us - we are a bit worried about all this as we had hoped we wouldn't have to get to court but hey ho!

[pinkduchess]

not long now hopefully anne

[Castlebest]

Your all doing very well, HSBC are playing hard ball at the moment so we have to jump through the hoops to get the money back and there are plenty of very clever people to help so you will get there.

 

pete

[oi-giz-it-back]

Your nearly there anne. From what i can gather is once they see that bundle your letters in the post. I know how your feeling. I was up and down at the window looking for the postman like a puppy dog looking for its owner. fingers crossed for you.

[Anne26]

Cheers guys

[jowalshy]

I sent my bundle off 11th July and their offer letter wasd dated 13th July. If it wasn't for the postal strike I think that it would have reached me exactly a week after I sent the bundle in. hang in there, it won't be long now

[Anne26]

Well looks like a long wait now. I'm gutted really, was starting to think that an offer was round the corner