Lou vs HSBC

[cephas]

how did you find that? Is tehre a search engine i can use? lol

[Castlebest]

click on your own name and you get a screen showing your details, there is a section saying view all threads started, click on that and it lists all your threads.

 

pete

[cephas]

Thanks Pete, just copied and paste my original query below.

 

Has anyone sent this off to their court which refers to HSBC? I have seen the template that Gary has posted in the general forum which refers to Lloyds, i am at the moment trying to relate this to my case and having difficaulty with it. Some of the info in blue and red i can not give examples, so do i just delete the whole paragraph or keep the black text in and not give any examples:confused: One para that i am having trouble with his:

 

- Additionally, the [claimant believes there to be a high possibility that the] terms and conditions of [his / the claimants] account contract explicitly describe the charges as to be levied in instances of breaching those terms. This is true of the contracts of other customers of the defendant that the claimant is aware. However, the bank has failed to provide me with a copy of the account contract, despite repeated requests to do so, so unfortunately this cannot be proved. A right of subject access request for this document was submitted to the defendant under the Data Protection Act 1998, on 8th September 2006. The defendant has failed to comply. Here, if your account contract states the charges as ‘breaches’ use the text in black. The blue bit was true in my case and I’ve left it there as an example. If it applies to you, keep it in, if not, take it out.

 

I hope this makes sense...

[Castlebest]

Right thats better ... do you have a copy of the terms and conditions governing your account ? if not I would just go with the black bits and not attempt to edit the additional information.

 

pete

[cephas]

i opened my account in 1994 and the nearest T&C i have is for Midland 1996.

 

Also the last page: Documents attached in support of this statement

• Data Protection Act Subject Access Request for evidence of manual intervention - do you know what document supports this?

[freakyleaky]

The 96 t&c's will do!

 

"Data Protection Act Subject Access Request for evidence of manual intervention - do you know what document supports this?"

I presume this means a copy of your SAR if you sent one!

[cephas]

haven't got a clue what that means, but No i dont think i did..... So i guess i just delete that point then. Thanks

[freakyleaky]

If you write to your bank asking for you staements you send a SAR which I think includes a section that asks for details of any manual intervention. That bit is asking for a copy of that.

I am not 100% on this as I used the online banking to get my satatements.

If you havn't got one then yes just ammend to suit!

Hope this helps!

[cephas]

Thanks Freaky - i printed off all my statement from my online banking. So i will delete this point.

 

I just need to get hold of:

• Transcript of radio interview with Peter McNamara, former head of personal banking, Lloyds TSB.

I have PM GuidoT so hopefully he will email over the PDF version.

Thanks for your help.

[cephas]

ok, went to the local court and handed in my AQ with fee, i presume i just wait to hear from the court. Should i call them on Monday to see if they received the defence AQ?

 

I am going on holiday on 8th July so i hope the court gets back to me before this date so i can prepare the bundle. I have downloaded everything so i have it on my computer, so its ready and waiting for me to hit the print button! I think i am on top iof it now;)

[Castlebest]

Well done Lou, yes try giving them a call Monday or Tuesday to see whats happening

 

pete

[cephas]

Can anyone help? My friend has had the following from her local court (she is claiming against Barclays):

 

It says:

General Form of Judgement or Order

Before District Judge Dudley sitting at Southend County Court, Tylers House, Tylers Avenue, Southend on Sea, Essex, SS1 2AW.

Upon reading the Court file and of the Court's own initiative.

IT IS ORDERED THAT the claimed be stayed until 27 June 2007. To be referred to District Judge Dudley in paperwork on 27 June 2007.

Would this mean she would have to submit paper work or her court bundle by this date or wait to see what the court order??

Thanks for your help.....

[freakyleaky]

That is strange! The judge has refered it to himself!

I am not sure what this direction means. Is that everything it says? Normally if they want the bundle they state that parties should supply it by a certain date!

Have a look at the letter again and let us know.

[Castlebest]

Lou tell her to phone the court up and ask, the 27th of June is the day after tomorrow !!!

 

pete

[cephas]

She is just faxing the paper to me now, so i will double check and then get her to call the court, thanks guys...

 

Oh & I just rang the court about my claim and surprise surprise DG haven’t filed their AQ. So it's now with the judge for his directions. I suppose I just wait to see what happens eh!

[cephas]

As well as doing my claim i have started one for my mother with HSBC. I sent the LBA off and today in the post she has had nearly a full offer. She was originally claiming £3,361 and they have offered her £3,333 - how good is that! Not sure if someone wants to add this amount to the HSBC amount refunded? I am still waiting for DG to submit their AQ, so its still the waiting game for me, just just thought i would let you guys know!

[freakyleaky]

Congrats to your mum! I did the same for my mother in law and she had a full offer after only sending LBA. It did take a while though but it was easy enough.

[oi-giz-it-back]

any news lou?

[cephas]

just an update.

 

Received on 16th July a leter from the court stating: District Judge **** has considered the statements of the case and allocation questionaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on 12th September 2007 at Clerkenwell & Shoreditch court and should take no longer than to be fixed. (Not sure what the last part means!!??)

The court must be informed immediately of the case is settle by agreement before the hearing date.

 

The letter doesn't mention anything about my proposed directions or any other directions for that matter. Is this normal?

In the mantime i will send DG a letter asking for them to send me a copy of their AQ.

Oi - how are you getting on, got your court date yet?

[Castlebest]

 

District Judge **** has considered the statements of the case and allocation questionaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on 12th September 2007 at Clerkenwell & Shoreditch court and should take no longer than to be fixed. (Not sure what the last part means!!??)

Your judge is peed off to the back teeth with allocating court time for cases that they know will never get to court, so none has been allocated, if it gets to court your in the ladies loo's first stall

 

The court must be informed immediately of the case is settle by agreement before the hearing date.

 

The letter doesn't mention anything about my proposed directions or any other directions for that matter. Is this normal?

 

In the mantime i will send DG a letter asking for them to send me a copy of their AQ.

The judge is relying on the court date being sufficent to force DG to make an offer before that date, it has been so far in everyone elses cases

 

 

So your offer will be early September

 

pete

[cephas]

Great - thanks Pete, i'll keep you all updated!

[oi-giz-it-back]

Nice! at least you wont be printing all the court bundles off, now thats a bonus trust me. My money is now in my account. Exactly 1 week before the court date. So roll on 5th september for you then!!! If not sooner. Good luck!!!

[cephas]

Received a letter from DG to say that are requesting a stay in my case which is on 12th September at Clerkenwell & Shoreditch court, should i just wait to hear from the court or should i reply to them?

 

I read on the barclays forum that someone with a court date of 5th Sept at the same court as me got a letter from the court to say their case has been stayed to i presume there is no hope for mine going ahead...

 

Cant believe they have the cheek of ignoring my letters for the last 6mths and then write to say this... v. annoying!

[Castlebest]

Yes Lou, the letter from DG is meaningless propaganda designed to upset you but if they have requested a stay from your court it will likley be granted.

 

Have a read here

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/111130-new-forum-stays.html

 

pete

[cephas]

Right my hearing is this Wednesday at 11.30 and I am s***ing myself! I haven’t heard anything from the court and I have tried on numerous occasions to call them but I keep getting cut off.

I have made a list to take with me for my arguments against at stay and I have the following points:

1) DG have not complied with the courts rules but not submitting a bundle and also they filed their AQ a week late.

2) I had no way of knowing about the test case and this was announced after I had my court date/hearing and it would be unfair to make me wait when I expected a resolution today

3) there was a case won at this court (clerkenwell) on 15th Aug

4) I have tried various times to settle out of court but DG/HSBC has not acknowledged any letters I have sent.

5) DG sent letter to say they would apply for a stay, this hasn’t been done yet and it’s unfair this should happen on my hearing date when they should have applied in advance - I have had to take a day off of work (1 day’s loss of pay)

I would also mention I would agree to a stay if no further charges are applied to my account until the result of the teat case.

Have I forgotten anything??