yoshi vs Hsbc what do I do next...help

[lateralus]

ok, three things to do -

first: read nooey's thread and his court visit today.

Nooey vs HSBC **WON IN COURT**(5 Viewing) [/url] ( 1 2 3)

nooey everyone with a court date should read nooey's tale.

second: look at this:GOT A COURT DATE? A guide to the later stages

and third: by the 6th of july you need to do a bundle for the court and for dg (and you should do a third to keep) and here's my new thread:court bundles for dummies

[yoshi]

Thanks Lats, I will start my home work and link reading tonight after work.

The advice is much appreciated:) :)

 

Will keep you informed

 

yoshi

[yoshi]

Just in the middle of doing my statement of evidence,

 

"re section 21 nooneys says; the claimant has requested that the defendant justify its charges by providing details of the costs incurred as a result of my contractual breaches, including a written request."

 

I have not done this, is this ok to remove from the statement?

 

Thanks Yoshi

[freakyleaky]

Yes if any of the statement does not apply to your circumstances then remove it!

[yoshi]

Ok, with help from everyone on this site I've finally completed my court bundles:eek: .

Could someone who's been to court please have a look at my list of documents and just confirm that I've covered all the required bases;

DOCUMENTS

Description: Pages

 

Statement of evidence 1-5

Schedule Of Charges 6

Bank Statements 7-29

Correspondence from Claimant 30-49

Correspondence from Defendant 50-60

Relevant Case Law Summary 61-63

Early Day Motion From The House Of Parliament 64

OFT Statement Summary 65-67

Dunlop v New Garage 67-69

UTCCR 1999 70-80

UCTA 1977 80-89

SOGA 1982 90-102

Terms & Conditions 103-150

BBC Commission Conclusion 151

P Mcnamara (ex-Lloyds/tsb) interview transcripts 152-153

CLCV-Australian bank charges report 154-155

Also I can't find out what year We originally became customers of HSBC/Midland ( i think it was 1996/1997) so in my statement of evidence i have not put a date of when i became a customer (IS THIS OK?:? ).

And finally i have used a general template of the HSBC terms (as provided in lats bundle for dummies) and highlighted the clause 7.13. Will the general hsbc terms template be ok?

 

Sorry so many questions but I'm off in the next couple of hours to drop off to the court.

 

Thanks

 

Yoshi

[freakyleaky]

Looks good to me! For the date I just put that I opened the account approximately 10 years ago.

I included T&C's from 98 and 04 just to be sure and highlighted clause 7.13.

You can find the t &c's in here HSBC T&Cs HERE.

[yoshi]

Looks good to me! For the date I just put that I opened the account approximately 10 years ago.

I included T&C's from 98 and 04 just to be sure and highlighted clause 7.13.

You can find the t &c's in here HSBC T&Cs HERE.

Thanks Freakyleaky its just that at this late stage i don't want to balls things up:razz: .

 

Fingers crossed

 

Yoshi

[freakyleaky]

Give me a minute and I will post a copy of my index. Just so you can see for yourself and cross reference.

[freakyleaky]

INDEXDescription: Pages:

1. Correspondence 1 - 38

2. Bank Statements 39 - 85

3. Statement Of Evidence 86 - 92

4. Relevant Case Law Summary 93 - 95

5. Early Day Motion From The House 96 - 98

Of Parliament

6. Dunlop v New Garage 99 - 100

7. UTCCR 1999 101 - 112

8. UCTA 1977 112 - 124

9. SOGA 1982 124 - 139

10. OFT Statement Summary 140 - 142

11. List Of Previously Settled Cases 143

12. HSBC Bank PLC Terms and Conditions 144 - 189

13. Latest Schedule Of Charges 190 - 192

 

 

You have alot more in yours so you will have no problem!

 

[yoshi]

Ok thanks for that, one more question because the bundle is so thick how did you bind it all together and present it?

 

Yoshi

[freakyleaky]

Ah well, if I had done it I would have used celotape or string. But as my wonerful other half is a legal secretary she put them into ring binders and made them look super professional!

Just put a cover on the front of the whole thing giving all the relevant details. Name (yours) Name of judge, time and date of hearing, case number, account number.

Ring binders are only a couple of £ from woolies!

Then I just wrpped them as any parcel in brown paper.

[freakyleaky]

Can you tell me whre you got the link for the CLCV-Australian bank charges report 154-155

[freakyleaky]

This is how Elisedrivers bundles looked!

[freakyleaky]

Yoshi, where have you gone?

[yoshi]

Sorry Freaky, i was in the office at work & the boss was hanging around.

 

The "Court Bundle" was delivered by hand earlier and DG''s copy was sent via 1st class reg post so now we'll have to wait and see. What should i expect? Will I have my day in court, or are dg likely to settle?

 

The CLCV part of the bundle was taken from this site, I'll try to find out and put up a link.

 

Keeping my fingers crossed:rolleyes:

 

Yoshi

[Castlebest]

You will get an offer, DG cant afford to go to court

 

pete

[yoshi]

YIPEE!!!.....Got a nice a4 envelope in the post this morning from DG saying that they will settle for £1420.20:D :D .

There is apart we have to sign saying we won't make anymore claims & about confidentialty (what do i say?) also do i need to inform the courts?

I would like to thanks everyone who's been so helpful in the last 4 months, without your support I would of possibly given up and would be £1400 worse off....SO A HUGE THANKS to all of you who have helped me. Special thanks to Lats, feaky & castlebest.

If I can give anyone any advice it would be that taking a bank to court is a serious issue which takes time & effort. If you follow the excellent advice given on this site and follow all the required instructions by the court you will win. But it does take time & effort but the rewards are soooooo worth it:D .

The only other thing that is interesting re DG's current tactics is that they sent me my offer the very next day my court bundle landed with them. So it seems that they will take you right up to 2 weeks before going to court, Just to test your resolve. Once they have the bundle they roll over & pay up.

Time to start claiming again!!!!

Yoshi:razz:

[Castlebest]

Well Done Yoshi you Winner !!!!

 

Freaky has a nice acceptance letter which a lot of people have used or just cross out the confidentialty bit, the not claiming bit is nither here nor there because your offer should be for a specific period and I would hope you got all your money back for this period.

 

Wait untill you have the money and just drop a line to the court saying claim number xxxxx has been amicably settled and you wish to drop the court proceedings.

 

pete

[lateralus]

this isn't freaky's letter - he stole it from me -

and i stole it from michael browne

and heaven only know where he got it!!!!!! lol

it's been around - bit like pete!

 

 

 

here goes:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

and many, many congratulations yoshi - you worked hard for this. well deserved - enjoy!

[yoshi]

I wanted to get the letter gone in 1st class post this morning (recorded delivery) so i put a line through the confidentialty bit as well also the no more claims bit. Also i added that they could contact the court about the case being settled upon me recieving the money.

 

Perhaps i Should i of waited for Lats letter, but we need the money in the account asap:shock: . I hope what I've done is ok??

 

Happy daze:cool:

 

Yoshi

[lateralus]

that will be fine

[freakyleaky]

Congratulations Yoshi! It was all down to the presentation in the end!

 

I hope MY letter works for you!

 

Ok so it's not techically mine but I have adopted it and treat it just as I would treat any of my own letters!

[lateralus]

[Michael Browne]

this isn't freaky's letter - he stole it from me -

and i stole it from michael browne

and heaven only know where he got it!!!!!! lol

 

If I told you, I'd have to kill you.

[Castlebest]

well I would steal it too but I keep loosing it

 

pete