Mellymum vs HSBC - ****WON!****

[lateralus]

garyh will be around to tell you what's needed when he gets a minute.

[GaryH]

Hiya, its says the following:1. This case is to be listed for hearing on Monday 25 June 2007 at 10.00 am.2. It will be listed with all other oustanding claims for refund of bank charges etc.3. The parties shall file and serve witness statement with copies of all relevant documents annexed by 4.00 pm on 11th June 2007.4. The judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to proceed there and then with the hearing.5. It is likely that any case seriously contested will be given directions and a later hearing date.6. It is probable that the Judge will deal with cases in batches where there is more than one case against one particular Defendent.7. If a party fails to attend the Judge may strike out the claim or defence as he seems fit and enter judgement accordingly.

Poole CC I presume?

 

The order is saying that it could be the final hearing, or alternatively if its seriously contested it will take the form of a directions hearing. You need to prepare for both and comply with the terms of the order - although its highly unlikely to get as far as court.

 

You need to file a witness statement by the date specified, along with the bundle from the templates library. You'll find a witness statement here -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732096

 

It says its Lloyds specific, but it's also relevant to HSBC claims as they defend upon the same "service, not penalty" basis. Obviously amend to suit and remove any reference to Lloyds.

 

Also have a read of this -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[lateralus]

and after you've looked at it and fainted dead away and later revived - that's why i said leave it for now - let's concentrate on getting you an offer.

[Castlebest]

Hiya, its says the following:1. This case is to be listed for hearing on Monday 25 June 2007 at 10.00 am.2. It will be listed with all other oustanding claims for refund of bank charges etc.3. The parties shall file and serve witness statement with copies of all relevant documents annexed by 4.00 pm on 11th June 2007.4. The judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to proceed there and then with the hearing.5. It is likely that any case seriously contested will be given directions and a later hearing date.6. It is probable that the Judge will deal with cases in batches where there is more than one case against one particular Defendent.7. If a party fails to attend the Judge may strike out the claim or defence as he seems fit and enter judgement accordingly.

 

DG will go nowhere near that court room I guarantee it.

pete

[mellymum]

Thank you all for your help, I really wouldnt know what to do without the advice here!Going to start collating all the information together so Im prepared. Sometimes part of me thinks, its getting harder now - will they start winning, will I have to pay all their sol fees etc...

[Castlebest]

Hiya melly, even if you were the first one to loose costs don’t get awarded in the small claims court, everyone is responsible for their own costs so all you would loose is what HSBC have already taken from your account and your claiming back.

pete

[lateralus]

and whatever you do- don't start all that copying until much later.

just keep up the nudging effort....they will offer.

[GaryH]

Yes, I agree with Lattie - don't start yet, you've got ages till the documents have to be submitted, by which time its almost certain that they will have made an offer. The HSBC regulars will be able to tell you for sure, but I'm not personally aware of any HSBC claim which has got to the stage of complying with directions.

 

Of course if it does get to around the mid-May and no settlement then you'll need to think about starting it then.

 

Was it Poole by the way, just out of interest?

[mellymum]

Hiya, your very close, its Weymouth! Will just stick to the nudging letter for now and take advantage of printing stuff off on my work computer later in the month!Jodie

[nettyg]

"Was it Poole by the way, just out of interest?"

 

garyh, are you asking if it was poole because of the 'new' branch they've opened there for the 'rich and solvent - not paupers?' lol

bet they don't get many claimants in poole eh?

[GaryH]

No, I didn't know about that actually - whats that all about then?

 

I've seen this order quite a few times, usually coming from Poole, which is why I asked.

[Castlebest]

HSBC have opened a rich people only branch in poole.... true

 

pete

[mellymum]

Hiya, preparing my court bundle as per your link, just wondered, would I be using Statement of Evidence 1 for HSBC, I think I have it right, but I dont want to get that wrong at this stage!

 

Also, which part of the Lincoln 'Abuse' Thread do I copy, is it just the first post off the link? Is this twoa above part of what I have to submit for the 11th? Let me get it right, altogether, I need to have for 11th (Court Date 25th June):

 

The Full OFT Report -

The Macnamara Interview -

Corrsepondance and Documents relating -

Witness Statement -

Draft Orders and Reasons for why and example (or do I not need this as the Court has alreadu issued orders??) -

Statement of Evidence -

Lincoln 'Abuse' Order -

List of Settled Cases -

 

Hopefully shouldnt have to bother you with my silly questions after this is sorted! Sorry :-|

[Castlebest]

Melly stop it your destroying a rain forrest for no reason go have a read of this thread and the artical instead;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85843-judge-attacks-time-wasting.html

 

pete

[mellymum]

I was just going to save it all on my computer for now and print it off much nearer the time, the artcile is inspiring though! I just know my luck it will take until the court date until I get an offer. Thanks. - Jodie

[mellymum]

My claims go back as far as 2002, the account was opened back in 2001 (I think!) I havent kept any of my original documents. Am I in my right to ask my branch for copies of the original contract I signed?? Is it in any Freedom Of Information Act or Data Protection Act?

 

Just starting to think this would be a really good thing to have in my court bundle, and probably help a lot of other people too.

[mellymum]

Hiya, referring to post #35, wasnt really answered but is this a list of what I need? Im only preparing it on screen, will print nearer the time.Told you all I'd be posting silly questions again! Im panicing now cos I cant find my original T&C, I know they gave me a silly black folder when I signed with them, god knows where it is, Ive moved 4 times since then!!!

[publicenemyno1]

Thats an excellent point. Its also the only way forward people, this site is excellent but I think yesterday was a reminder that we all need to think and act for ourselves, and that includes me because I was sorely tempted to rely 100% on the letters and arguments provided for us until now. (That might seem a bit philosophical for this time of night but I have been drinking.)

I'm pretty certain I have T+Cs from 1999/2000 (I wonder how often they were updated - my credit card ones seem to change daily!) but of course it is the fees bit thats of importance here. And I think HSBC changed their overdraft policy very recently in a move that seems now to be an attempt to make it, and any fees surrounding it, all part of the 'SERVICE'.

People out there will have older T+Cs so I think we should all help each other out, PDF them and make them as acessible as the templates.

Goodnight, and good luck with your claims!

[lateralus]

crusher and others are trying to put together a refence library i guess you'd call it - for peeps to use - so everyone is looking for them - they will probably have every possible one by the time you need it.

 

 

here's my list of the court stuff - and the links may tell you what you want to know...

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it.

[stax68]

see this thread:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/90721-i-need-your-help-new-post.html

[mellymum]

That link just took me straight to the main page??

[mellymum]

Hiya, Ive been through these links from further up the page, its where I got my list from in the first place.Hopefully I should have everything there, I need to start going through it all on screen ammending it for my own case.... pre-warned work I may (hopefully not) need to take the 25th June off work!

[GetYourHandsOfMyStack]

hi there mellymum - just wondering whether youve found anyone who has the original T&C's yet?

[pinkduchess]

We need your help folks! Re old T&Cs

 

this link won't work but the thread is in Welcome to our forum

[stax68]

Yes, sorry I messed up the link. It's fixed now and I may as well repeat it here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/90721-i-need-your-help.html