Sarah v's HSBC

[freakyleaky]

Thanks Jo. I was going to ask you to send it me but as you are on the case I will leave it with you.

[jowalshy]

Witness statement:-

 

change point 11 to read:-

 

11. The Unfair Terms in Consumer Contracts Regulations 1999 gives the power to the Office of Fair Trading to seek injunctions to prevent the use of unfair terms in consumer contracts. More than that, the UTCCR specifically prevents the private citizen from pursuing this remedy on his own behalf. The OFT conducted a 2-year investigation of the contractual charges regime. They received a great deal of confidential evidence from the banks. The OFT has already announced that it considers that the contractual penalty charge regimes of these financial institutions are unfair, and has now proceeded to pursue a test case with a number of banks, of which HSBC is part of, through the courts.

Point 12:-

delete the last sentence as it is duplicated.

Statement of evidence:-

Point 7:- change all "his" to "hers"

point 8:- yes you can change it to " the claimant understands" for consistency.

chang the last part to read:-

I was consequentially penalised for each such breach by way of a charge between £xx and £xx for each breach. (put in example of smallest charge and largest charge)

point 15 (4):- No you do not need to provide examples

point 17:- I do not have a copy of this, if someone does you can include it. (I didn't)

point 15:- put down a charge amount that you have been charged. Use one from your automated letters.

the statements I sent to you were drafted up prior to the OFT announcement. Whether someone has already re-drafted one to reflect this, I do not know. Hopefully with what I have done, it will be ok.

 

 

 

[freakyleaky]

That is great Jo. It just changes the points that reflect the oft stuff.

Well done Sarah for spoting the areas that neded tweaking. I hope it's all ok for you now.

[jowalshy]

why are you tweaking Sarah FL...lol

[freakyleaky]

[jowalshy]

I also want to change the wording on this part aswell to reflect the OFT thing and that cases are being stayed until the outcome of the test case. My brain is a bit frazzled at the mo and I can't get the words that I want to say on paper. Does anyone else have any ideas? Basically it needs to be said that once again HSBC are abusing the court system by applying stays to all claims including ones that were initiated prior to the OFT announcement.

 

 

 

12. The Claimant would also like to draw the courts attention to the fact the Defendant has consistently abused the court process by Defending many such similar claims but has not yet once entered a court room to defend one case. Often only reaching settlement on the door of the court steps. It is submitted that the pattern of cases settled thus far suggests very strongly that the banks are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate Right. The Claimant contends that this is an abuse of the justice system and of the public resource.It is further submitted that the defendant in the instant case has no intention of going to a hearing. It is likely to be settled out of court and therefore produce no useful decision from a higher court

[Sarah Frost]

You are both brilliant - thank you sooo much!

 

Ill get my points changed now!

 

Shall i add that last part you have just drafted as point 12 on the Witness Statement then??

[jowalshy]

Not just yet. I'm not quite sure on how to change it to read ok yet. Hopefully either someone will come along and amend it to read correctly or my brain will un-frazzle itself and I can change it a bit later. Got to go out for a bit now. I will work it through my little brain and come back a bit later.

[freakyleaky]

Just spent 10 minutes trying to reword it and the bl**dy computer shut itself down!! Lost everything I had typed!

I will have another go now!

[Sarah Frost]

Oh im sorry! ha ha!

 

I have a question on Jo's points above where she very kindly answered all my questions. The last point - point 25. She said

 

"put down a charge amount that you have been charged. Use one from your automated letters."

 

What does this mean? My TOTAL charges?

[freakyleaky]

Ok, what does point 15 on the statement actually ask for?

I am thinking it is just a single charge ammount that Jo is talking about.

Tell me what it says and I will know what to put there.

[Noddy73]

Bromley 24 Aug 07. Still on and it is taking about a week to log applications / letters onto the system. Received from DG the standard stay letter. Guess that the request for a stay will not be infront of the judge before 24 Aug 07.

 

But the clerk did say - fax it over as faxing gets logged onto the system alot quicker than the post.

[Sarah Frost]

Freaky - it says this:

 

25. It is submitted that the Defendants charges are applied by an automated and computer driven process. This process consists of a computer system ‘bouncing’ the direct debit, and sending out a computer generated letter. It is therefore impossible to envisage how the Defendant can incur costs of £xx by carrying out this completely automated process. Note that the letter received notifying of a charge is identical in every instance, and if multiple breaches occurred on the same day, a separate letter will be sent in each instance.

 

Noddy - so what do you think that means for me if my date is 21st Sept? Ive not heard anything at all from DG and im wondering whether to do my bundle or not? Its due in latest 7th Sept!!

[jowalshy]

Have you received any bank automated letters for a returned cheque or "you have gone over your o/d limit and we are going to charge you £x. I have one that tells me that I bounced an item and they charges me £25. I would just put £25 in the point 25.

[Sarah Frost]

Erm....i cant remember! I would of thrown them away anyway by now so i cant even check. I dont have an overdraft so that rules that out.

 

So if i just put £25 that will be ok yeah?

[jowalshy]

Yes that will be fine. I have just re-drafted point 12 and have PM'd it to FL for him to check through it. Hopefully he will let me know whether he thinks it ok.

[jowalshy]

Hi there Sarah, Freaky, Lattie and me have agreed with the following adjustment for point 12:-

 

12. The Claimant would also like to draw the courts attention to the fact the Defendant has consistently abused the court process by Defending many such similar claims but has not yet once entered a court room to defend one case. Often only reaching settlement on the door of the court steps. It is submitted that the pattern of cases settled thus far suggests very strongly that the banks are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate Right. Since the OFT announcement on 27th July 2007, all of the banks have applied to have all cases stayed until the outcome of the test case. The Claimant contends that this is an abuse of the justice system and of the public resource as she had already filed her claim with the court on xx.xx.xx., which was before the OFT had made the announcement .The Master of the Rolls decided not to issue an order staying all outstanding cases.Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate. The claimants’ case has now been drawn out for xx weeks due to the procrastination and the total disregard for the courts directions, therefore abusing the court system and denying the claimants right to a hearing, as arranged by the courts, which would resolve this matter.

[Sarah Frost]

You are fantastic thank you Jo! You should charge to do this - you'd earn a fortune!

 

Ok ill pop that on my Witness Statement now!

 

PM me your addresses and ill send you a big box of choccies!! ha ha!!

[jowalshy]

You're welcome. Unfortunately I am on a diet (again) as I am going away next week on hols and I really need to do something in order to fit back into my swimming costume. Found a 3 day diet that says you could lose 10lbs in 3 days. Hopefully it will work. (I AM ABSOLUTELY STARVING!!!!!!!)

[Sarah Frost]

Oh i did that (if its the same one?)- it works! Why we spend all our lives on diets ill never know! ha ha! Good Luck!!

[Sarah Frost]

Ive just spoken to Bromley Court and my hearing is still going ahead on the 21st September. She said "the banks are really trying it on but your hearing is still going ahead as normal". This must be good news right??wayhey!!

[livelylad]

Yes thats good news.

[jowalshy]

that is very good news.

[Sarah Frost]

Ok i had a letter from DG on Friday - My first ever one!!

 

Its the same as everyone else has received....we are applying for a stay...blah blah blah.

 

My court bundle is due on by Friday so do i still go ahead with it?

 

Also, is it actually worth applying for a removal of stay? Has any stays been removed?? I only just managed to scrape together the £120 court fees so i doubt ill afford another £100!!

 

Is it worth me asking for a lower settlement from DG? E.g. "forget the interest and ill accept"...?

 

Any help would be fab!!

[freakyleaky]

Ok sarah, any letters from dg are pure propoganda and until you hear from the court your case is continuing as before.

 

There are a few stays that have been liftted. You have to put your own reasons forward as to why you want any saty removed.

 

Some courts are waiving the fee for applications for stay removals but you would have to ask your court. The fee is £35 as far as I am aware.

 

Have a look at the stay threads in my signature.

 

There are a couple of people who have used a new nudge to ask for early settlement but we have had no feedback as yet. Unfortunately dg don't seem to respond to any nudges!

 

Just shout if you need any help with the stay removal stuff!

I can send you the new nudge idea if you want to send that in addition but you must continue with the bundle for now.