Sarah v's HSBC

[chauvesouris]

Okay, that's a full hearing.

 

No, you don't have to do an AQ - you are past that stage.

 

But you do have to start thinking about your bundle.

 

And you should definitely be nudging DG because they will be settling some time between now and xx September.

[chauvesouris]

And I don't know if it will be any use, but personally, I would write to the judge who allocated the case, and ask him to consider striking out the defence as an abuse of process - he has the power to do that at any time. Obviously he might just say no, but that is the worst thing that can happen.

 

Of course, even if he does that, he would have to give them a couple of weeks to appeal before he could actually strike it out, and then after entering judgment etc. you would not save very much time... you are on the home straight now!

[Sarah Frost]

When you say full hearing what do you mean?? That sounds bad!

 

Ill send DG a nudge right now! Everytime i print off my schedule of charges the amount changes (coz of the interest i suppose) - is this ok? I dont want to loose my case coz the amount keeps going up!

 

And what sort of stuff do i put in my court bundle?

 

Is there a copy on here somewhere of the "striking out the defence as an abuse of process..." letter??

[freakyleaky]

Hang on a minute!!!! The ammount of your claim is set in stone! The only thing that shoud alter is the daily interest if you are claiming that. Also any added court fee's such as the allocation fee.

[Sarah Frost]

Sorry yeah - the daily interest is going up so the TOTAL is also going up. Obviously my charges total is the same!

[freakyleaky]

Phew!!!!!! Panic set in there for a second!!!!

[chauvesouris]

Sorry, didn't mean to scare you. A full hearing is nothing to worry about - it just means a hearing at which the case will be decided. It is quite common for there to be a directions hearing first - at which the judge tells the parties what they need to do to proceed. Alternatively, you might have had a case management conference, which is much the same thing.

 

At a full hearing, the court would hear all your evidence, and all of the bank's evidence. Except that the bank will not actually go that far, and so you shouldn't worry about it too much. However, you have to carry on on the assumption that they will actually contest the case in court. This just means that you should keep on trying to get them to settle out of court, and you will need to start getting your court bundle together - which is all the documentation you would require if it actually went to court. It seems like DG settle once they have seen your bundle - because then they know you are ready and willing to go all the way (and they are far from willing to let that happen).

[chauvesouris]

Lattie has a Court Bundles for Dummies thread. It is very good (although I take issue with the inclusion of UCTA in it because UCTA has nothing whatever to do with unfair bank charges - so if it comes to the point where you actually have to print out your bundle, you can save yourself some paper and ink by leaving that out).

 

As for a strike out letter, I expect Freaky will know where there's one. Failing that, I will modify the one I've recently sent and post it on here for you.

[Sarah Frost]

Thanks Chauvesouris,

 

So how bout i send my court bundle now then? WOuld that make then settle?

 

If not, ive copied this letter from the site:

 

It has come to my attention that as of 18/07/2007, that an Allocation Questionnaire may not be required in this case.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £1536.00. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Is that date correct of 18th July correct? Ive just put the date thats on my court letter?

[chauvesouris]

You can do away with the first paragraph - the AQ has definitely been dispensed with - you are past that stage now. You might replace it with something like: "I note that District Judge xxx, has allocated this case to the Small Claims Track and that it is listed for a full hearing on xx September 2007."

 

It would probably be more accurate if you were to include the words "in full and final settlement of this claim" after the "£1536.00".

[chauvesouris]

As for sending them your court bundle now, it is something that I've heard other people suggesting, but I'm not sure it makes much difference to DG/HSBC - they seem to be interested only in delaying payment as long as they can.

 

Ultimately, it's up to you. All you have to lose is the cost and effort of putting together and sending your court bundle (although you always have the option of applying for a wasted costs order after they settle).

[Sarah Frost]

Thanks so much for that piece of info regarding my letter. I was wondering where to put details of my court date and you've answered that question for me!!

 

Whats a wasted costs order?? Sorry to be so full of questions!

[freakyleaky]

Have a read of this sarah!Wasted Costs order

[freakyleaky]

court bundles for dummies also this fantastic thread of latties!

[chauvesouris]

If you go all the way through with a court case and then the other party settle just before it gets to court, you will probably already have expended quite a lot of time and money in preparation work. If it is clear that the other party had no intention of contesting the case, then the court will often make a wasted costs order - which is partly to make sure you are not out of pocket, but it is also seen as a reprimand for the other side for wasting time and money and basically abusing the court process. There is a thread about it somewhere. I will try to find it and include a link here. Although you don't need to worry about it until you've got the money (which won't be long now).

[chauvesouris]

Ah, thanks Freaky - beat me to it!

[Sarah Frost]

I need to get my court bundle together and i havent a clue what to put in it!!

Ive read latties thread COURT BUNDLES FOR DUMMIES but i dont understand it!!

Could someone post me a really really simple version??

Thanks!

[jowalshy]

If you PM me your e-mail address I will e-mail mine over to you

[selinan]

I am doing mine at the mo.

So far I have downloaded-

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

From this I am using the front page (with Case no etc) and contents and summary of case law.

I downloaded the terms and conditions for the date nearest to when I opened my account.

I am re writing the statement of evidence for my case and have photocopied the letters I have received from the bank and my statements showing the charges.

I then PM'd

http://www.consumeractiongroup.co.uk/forum/member.php?u=98883

Who sent me a PDf of all the cases etc needed.

I also downloaded the list of sucessful cases on here.

I am just trying to find out wether I need to include any other T&C's and finishing my statement, think its going to be about 300 pages!

Not sure if it needs to be bound, but planning to get it off to DG tomorrow!

Good Luck!

Selina

[jowalshy]

Bundles can be bound. I sent mine in a file (not a computer file). Just remember to add a contents page which shows the page numbers of all the bits included and a cove page detailing your name -v- HSBC Bank plc, claim reference number and the couty court that is dealing with your claim

[lateralus]

i did a detailed version to help a nice guy who was doing it for a friend and was out of time - check post 39 ( i think) on this thread for some more details - Claiming for a third party (1 2 3)

[Sarah Frost]

Thanks everyone youve all been great!

 

Ill get mine started now - if i have any problems ill be back! ha ha!

[Sarah Frost]

Can i ask a stupid (?) question please!!

 

In the statement of evidence - number 8 says "I have an overdraft" - thing is, i dont have an overdraft but i DID! DO i take this out or is this standard??

 

Next question - point number 21 - at the end it says MAY DELETE. DO i take this out!!??? ha ha!

 

Ok, i opened my account in May 2001 so what T&C do i use? 2000 or 2002? Or both?

 

Last question (i promise!!) where do i get the List of settled claims frmo and where abouts in my contents do i put it??

 

Thanks guys your all stars!!

[lateralus]

so on the overdraft - say i had an overdraft..

yes - take out any typing directions....

use the 2000 t & c's.....

settled claims here:

Litigation Section - View and print out litigation spreadsheets here

the list of things can go in any order - but put the settled cases near the end - i don't think it is as important as your personal stuff..

 

 

 

keep at it - you'll get there

[jowalshy]

If you enlarge the font size on the settled claims list it will print more clearly.