Hsbc

[chipper99]

Hi everyone. Ive been reading on the OFT website about this test case that has been announced, but Im still not 100% clear. Where does it leave claimants like myself that are most of the way through the small claims procedure? What is likely to happen now?

 

Chipper.

[chipper99]

Just had a thought. Wonder if I could write to HSBC and say I will now accept the offer they made in June!!! Lol.

[lateralus]

i think it's business as usual for now.

 

i'd think any oft ruling would effect new claims - or charges from now on - not claims in progress.

 

don't quit now - y ou're nearly there!!!

[chipper99]

Cheers Lattie. I think everyone needs encouragement now. A lot of people panicking, including me. I think I will give the court another call tomorrow and chase up. Fingers crossed.

 

Chip.

[Castlebest]

Official CAG line is carry on as normal, it has been left up to the local judges whether to hear the cases or stay them until a ruling has been made in the test cases but if your judge does stay your case it will mean your at the front of the queue when the hand out starts

 

pete

[Celicaman]

Hey Lattie, Pete & all

whats going on then, got e mail about the southend case, sounds good, if they turn up, but have i missed something Re the OFT

 

CM

[Castlebest]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/107583-oft-test-case-what.html

 

seems the banks have agreed to a test case to establish a legal basis for claiming your money back. for now its busniess as usual for us

 

pete

[Celicaman]

Cheers Pete, think i better get my other claims going, got a couple which are all pre 6 yrs, so better start them get them in the system, mind you they are bth business & no clarification on those, also my personal claim back to 1990 but includes recent charges, where the hell did this suddenlry come from

 

CM

[Castlebest]

My guess is the Judicary... the judges saying get out of our courts !! and let us get back to golf

 

pete

[lateralus]

i'm positive it is the sheer amount of claims and volume of work for both the oft and the courts that has brought this about - but it isn't clear whether it is personal and/or business accounts. to me, even if, like the cc advise last year, they say xx amount is alright - it would mean an absolute nightmare of recalculating for banks unless they draw a line in the sand and refund everything to everyone - which they won't - their only alternative is to start from ground zero and apply charges from then.......

if they are trying to say it isn't being filed on the correct basis - then -worst case scenario - everyone has to redo their particulars. whatever course they take - the banks will find a mire quagmire of muck to get out of this situation that they have created for themselves.

 

i know it's a bummer - but in my thinking (cup half full, again) no one is any worse off than they were before they attempted this - except to the tune of court filing fee and maybe aq fee - but - i don't think it will come to that -

 

it's a wait and see - but business as normal approach i'm favouring

[chriselaine]

I seriously wonder if this test case will ever actually get to the high court. If the OFT is due to make an announcement later this year on the amount they consider to be 'fair' for bank charges, then surely the banks just want to stall things until then. Once they have that figure to work with they will start making counter claims on the cases already waiting in the courts and make offers to all the other people at the prelim stages. Either way a case won't stand a chance in court and everyone will have very little choice but to accept what they offer.

[chipper99]

I phoned the court today and was told that the judge in my case made an "UNLESS ORDER" yesterday, giving HSBC 7 days to submit their AQ or there would be a judgement in default. Apparently a copy of this is in the post to me. It just sounded like business as usual from the lady I spoke to.

Chip.

[Castlebest]

I seriously wonder if this test case will ever actually get to the high court. If the OFT is due to make an announcement later this year on the amount they consider to be 'fair' for bank charges, then surely the banks just want to stall things until then.

The OFT have already done this with credit cards and stated that the actual charge should be decided by a court with full evidence, the credit card companies have reduced their charges to £12 because the OFT said they wouldnt investigate charges of £12 or less but this still leaves the way open to challenge in court.

 

Once they have that figure to work with they will start making counter claims on the cases already waiting in the courts and make offers to all the other people at the prelim stages. Either way a case won't stand a chance in court and everyone will have very little choice but to accept what they offer.

 

If its a fair and resonable charge I dont think anyone will mind doing just that.

 

pete

[chipper99]

Hi.

I received a letter today from the court reading;

"Upon neither party attending

It is ordered that

Unless the defendant do by 4.00pm on the 7th August 2007 file a fully completed Allocation Questionnaire, then the defendant's defence will be struck out without further order of the court."

 

Time to wait and see again then.

[chipper99]

Just heard that as of 4pm, HSBC have not followed the judge's order to submit AQ within 7 days. Nor have they asked for a stay. The lady at court told me to get my request for judgement in ASAP so I intend to take it tomorrow. I was going to put a letter for the judge in with it along the lines of I have followed all directions, HSBC have not and DG have never corresponded with me or replied to mine. Any advice???

[lateralus]

i think it sounds like you've got it together - just keep plugging -just go for it when you've got a chance and this is yours -

[chipper99]

what do you think my chances are lattie. would they still give a stay even when not asked for? im going to hand delive a letter and request for judgement. when i do that how long am i looking at for a result either way? sorry for all the questions but nervous now.

[jailbird]

Thanks chip

 

Rang back yesterday but judge still sitting so will ring back today.

 

All this getting me down now papers been with DJ since 24/6/07 well before all this hapened. Makes me think they all knew this was going to happen and they are trying to save themselves court time.

 

Still feeling crap.......was blue lighted into Warrngton hospital from work last thursday but turned out to be an angina attack thank god. Also my little dog had to have an operation yesterday (she is only 9 months old) so been up with her all night. Sorry to rant.....sometimes you just need to.

 

GOOD LUCK with yours today. Don't take no for an answer.

 

Chris

[chipper99]

Will do my best. Heading into court in next half hour with letter to judge and request for judgement.

 

Will stay there all day if needs be. I didnt know you had a dog Chris. Ive got a blind 6 year old labrador so you can imagine the bumps and scrapes she gets. In and out of the vet all the time. We are well known in there now.

 

Anyway as I said before, stay cool. It will all be worth it in the end.

[chipper99]

Hi all. Just handed in my request for judgement and a letter for the judge. The lady at court told me it would be put in front of the judeg asap, even possibly this afternoon. I was then told to phone on Monday to see what developments there were. She was quite positive saying that the defence has not complied with last two orders and in law should be immediately struck out. She also said that there may be a delay as there is a backlog of issuing judgement orders to defendants. Again we wait and see.

[jailbird]

Will say a prayer for you chipper. We need some good news.

 

Chris

 

Ps. That my little dog on my aviter ASBO ( or Isobel if she is good).

[lateralus]

chip, your chances seem better than some -

depends on the local court - some are just using the whole thing as an excuse to get out of letting the cases roll forward.

yours may be a better than most case scenario - at least they aren't just saying - it's stayed - go away. so, fingers crossed for you.

[chipper99]

It seems good, but dont want to get my hopes up too much. Ive tried to find out something about Bolton Court but cant find much on here. Fingers well and truly crossed.

[lateralus]

i think chris (jailbird) is bolton - you might look at her thread - although she has a different complaint going - about using her benefits to pay themselves - but she had some court contact recently, i think.

[chipper99]

Good day all.

ADVICE NEEDED!!!!!!

 

A LETTER ARRIVED THIS MORNING FROM DG, DATED 2 DAYS AFTER AQ WAS REQUIRED UNDER "UNLESS ORDER" FROM COURT AND 1 DAY AFTER I HAD SUBMITTED REQUEST FOR JUDGEMENT. IT SAYS THAT DG HAVE APPLIED FOR A STAY IN THE CASE UNTIL THE RESULT OF THE OFT CASE, BLAH, BLAH, BLAH.

 

I IMMEDIATELY RANG THE COURT TO SEE IF THERE HAD BEEN ANY DEVELOPMENT SINCE I HANDED IN MY REQUEST ON WEDNESDAY MORNING. THE LADY AT THE COURT SAID THAT JUDGEMNT HAD BEEN ENTERED IN MY FAVOUR AS HSBC HAD IGNORED THE REQUEST TO SUBMIT THEIR AQ. SHE DIRECTED ME TO HMCOURTS WEBSITE AND SAID TO DOWNLOAD THE FORM TO ENFORCE JUDGEMENT/PAYMENT AND SEND IT IN. WHEN I QUESTIONED HER FURTHER SHE SAID THAT BASICALLY I HAD WON AND COULD NOW ENFORCE PAYMENT.

WHEN I ASKED HER ABOUT HSBC APPLYING FOR A STAY SHE SAID MY CASE WOULD NOT FALL UNDER ANY BLANKET REQUEST AS IT WAS TOO FAR GONE BUT THAT IF THEY ASKED FOR A STAY IN MY INDIVIDUAL CASE IT WOULD HAVE TO BE HEARD BUT MAY NOT BE ENFORCED AS I HAD ALREADY WON BY DEFAULT.

 

NOW I AM EXCITED, BUT ALSO CONFUSED. I WILL FOLLOW HER DIRECTIONS BUT CAN ANYONE OFFER FURTHER ADVICE OR SIMILAR EXPERIENCE?? ALL MESSAGES APPRECIATED.

 

CHIPPER.