frog vs HSBC - help needed

[itchyfrog]

Hi all,

 

having duly sent the preliminary letter and the LBA, I filed with MCOL tonight, however even though I copied and pasted the template from the library (and edited accordingly), I couldn't get it to fit in 24 lines, so in the end I removed the section that reads:

 

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

Is this a bad idea? And if so what should I do about it? Should I contact the court in the morning?

[givememymoney]

This is probably not a great idea as this is one of the legal arguements that you would want to rely on in court. However, I am not an expert and I hope one of the moderators has a look at this and gives you some advice.

[lateralus]

well, i'm sure i don't know! it seems a shame to mess with what has been a good set of particulars up to now - if you ring them first thing in the a.m. they will refund you money and let you start over. i'll pm you my partics. to see if you can make it all fit. maybe someone else will come along and say it doesn't matter - but i'm sure it was there for a good reason!

[itchyfrog]

OK - I'll call in the morning - thanks!

[itchyfrog]

I've cancelled the claim and am starting over again, however it's bloody difficult to get the template from the library to fit in with the form on MCOL.

 

Even with my text down to 970 characters it's still 25 lines, and I can't see what else I can cut:

 

1. The Claimant has an account XXXXXXXX with the Defendant, opened 09/89 2. Since 07/01 the Defendant has charged for purported breaches of contract. 3. Defendant has received a list of these charges. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the debited £2758.50; (b)The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/01 to 03/07 of £534.54 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.60; 6. Alternatively, if the charges are for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982 7. Costs allowed by the Court.

 

Any ideas? I need to lose at least another 10 characters to get it down to 24 lines on the MCOL form.

[nettyg]

take out the 1's, (a)'s, (b)'s etc that should help

[lateralus]

did you try mine?

[itchyfrog]

I have looked at it - thanks I've worked some more at it and it now fits, will submit again tomorrow. Thanks a lot for the help.

[itchyfrog]

Ok - thanks very much for the help everyone, my claim has now been transferred to Croydon County Court and my hearing date is the 20th of August.

 

In the meantime I have sent a couple of nudge letters to DG, with full breakdowns and of course have not heard a word in reply.

 

I'm sure there's no hard and fast rules here, but at what stage should I expect to hear from DG? I will prepare my court bundle in July if necessary, but obviously I would much rather settle way before then - is this at all likely?

 

Thanks again for your help.

[lateralus]

they always settle before it goes to court.

 

best guess now is - peeps who have spoken to them say they are taking claims in a date order - i can only guess this is date the claim was filed - and they are now dealing with late feb. claims - so make your own calculations as to when they will deal - but keep nudging and sending a breakdown - they might get new people in and go faster! who knows!!

[darkrage]

**Beware** i broke mcol trying to submit latties poc's (lol) i had to submit N1:D

[itchyfrog]

Ok - so probably end of June in that case, if they stick to that timetable. I'll keep you posted, and once again thanks for the response

[lateralus]

funny dr - i'm keeping track on a scrap of paper - i've sent that to 50+ peeps now - no one else said it broke mcol - you should be honoured!

[darkrage]

i think mcol just didnt like me - and maybe the way i edited out all the spaces the whole thing turned into 1 sentance all 24 lines looked like 1 big word. this makes more sense than your poc's broke it but i like passing blame just ask the wife to be

[itchyfrog]

Hi there,

 

my court date is set for the 20th of August, at Croydon County Court. Latest from the court is that there is no news on a blanket stay so it's business as usual for the time being. I submitted my court bundle to the court and DG last week, DG have in theory until tomorrow to submit theirs but I know they won't bother and probably apply for a stay instead.

 

In anticipation of this i am drafting an application for removal of a stay, based on the template posted in the stickies. The legal bit I'm leaving alone, but here are some additional points I am considering adding afterwards:

 

ADDITIONAL POINTS

 

4 It is my view that the defendant’s past and present behaviour regarding litigation against bank charges amounts to an abuse of process, and that granting a stay only reinforces this abuse. In all cases filed against them, the defendant has submitted a defence which it has claimed it intends to pursue, yet has settled the claim in every single case submitted so far, often very shortly before the cases were to due be heard. By abusing the court system in this way the defendant has wasted many hours of court time and has falsely claimed it intended to defend cases whilst knowing from the beginning that a settlement would be the most likely outcome. I believe that granting the defendant a stay in cases like mine simply encourages these delaying tactics, prolongs this unnecessary process, and works solely to the advantage of the defendant.

 

5 I have specific evidence in my case that the defendant has altered their terms and conditions between 2005 and 2006 in order to try and disguise their penalty charges as services in an attempt to avoid litigation from customers such as myself. This very specific evidence can be found in my court bundle and may not be considered in the High Court case being bought by the OFT. As such I would argue that my particular case should be considered on its own merit, especially as no precedent has yet been set by the High Court.

 

6 While we are waiting for the decision from the High Court in the test case bought by the OFT, the defendant is still taking punitive charges directly from my bank account with no consultation with me. The recent level of charges imposed by the defendant is now so high that during some months they take a quarter of my disposable income in this manner, leaving me and my family in serious financial hardship.

 

7 Whilst the OFT case is there to deal specifically with the UTCCR 1999 I would argue that my case is also covered by the Common Law, where the precedent regarding penalty charges has already been set by Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963.

 

8 My family and will be leaving the county of Surrey in the next six months, as we are planning to relocate to the town of Broadstairs in Kent. This will make it very inconvenient for me to return to the court in Croydon when the OFT case is finally resolved. Under these circumstances it would be far more convenient for me to have my case heard now, while I am still a resident of the local area.

 

I'll keep you posted as to what happens over the next couple of weeks. I've really no idea if the case will go ahead or get stayed, but I'll give it my best shot. I'll also apply next week to have HSBC struck out if they don't submit their bundle.

[freakyleaky]

Great letter! Good to see people not giving up! Keep us posted!

[itchyfrog]

Just to update everyone:

 

As of today, Monday the 6th of August, all cases at Croydon County Court are going ahead. I was informed that the bank would have to apply for a stay if they wanted one to be considered, and that for now judges were not issuing them automatically.

 

This could obviously change, but for now the news looks good.

[ohoh4312]

Hi itchyfrog

 

I am subscribing to your thread, as I will be very interested to see what transpires on Monday. My claim is with Croydon too - I am waiting to hear if Abbey filed their AQ, and if I get a hearing date or not.

 

I sincerely hope it goes well for you - your addition to the stay application is excellent, and ought to be given serious consideration by the Judge.

 

Very best regards, and good luck for Monday!

 

Jo xx

[ohoh4312]

ps lucky you for getting out of this hell-hole, and to Broadstairs too, its SO nice there. I am dead jealous! xx

[itchyfrog]

I'll keep you posted, update on monday afternoon.

[Catlover64]

Hi itchyfrog

 

I am subscribing to your thread, as I will be very interested to see what transpires on Monday. My claim is with Croydon too - I am waiting to hear if Abbey filed their AQ, and if I get a hearing date or not.

 

I sincerely hope it goes well for you - your addition to the stay application is excellent, and ought to be given serious consideration by the Judge.

 

Very best regards, and good luck for Monday!

 

Jo xx

 

So's mine. But it's been awaiting directions since 5th July -GRRRR!!!

 

How long did you have to wait before you got a date?

 

Lots of luck for Monday - Go get 'em tiger!! Let us know how it goes