Total bankers***won***

[freakyleaky]

Ok thanks GMMM but why am I not asking for interest at this stage? The template letter on MSE included interest from the start.

[Guest Mumofthreeboys]

It's explained here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=4

[freakyleaky]

Ok, sorry!

[givememymoney]

The 8% is the statutory interest that you can claim when taking a case to court so isn't really applicable at this stage. The other route that some people have gone is to charge the contractural interest at an early stage e.g. 15.8% saying that this is fair as HSBC have had your money and you are entitled to charge them at the same rate that they would charge you. This can be quite a bit more complicated although people have won claims with this included.

[freakyleaky]

2) Statutory Interest under section 69 of the County Court Act.

This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).

 

 

 

Right well if I remember rightly the wording in the mse template was something like "I have also added 8% interest as this is what the court would adward me" or something like that.

Do you think I should leave that then and just go for the charges?

[givememymoney]

I think the point here is that you aren't taking them to court yet and want to appear to be reasonable. It is always a good thing if it ever turned up in court that you can show the judge that you were fair with this claim and HSBC could have settled earlier without incurring the interest but now you are at court and the haven't settled then you should now be awarded it. To claim it in advance is to suggest that you know what the court would decide. They can decide to levy interest at whatever rate they like or even award no interest if they choose.

[freakyleaky]

ok thanks:o

[freakyleaky]

Right, prelim letter ready to send on monday (16/04/07).

[freakyleaky]

Are there any other links for help with court bundles apart from the Basic Court Bundle link?

[Michael Browne]

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

Court Bundle - Make Sure You Read This

GOT A COURT DATE? Important, please read......

[freakyleaky]

I take it nobody is playing today?

Oh well, I was going to prepare my court bundle this aft but I am totaly confused as to what i need. Its not due until the 6th of june but I thought I would get it in early to perhaps move things on a bit.

Any tips would be gratefully appreciated!

[freakyleaky]

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

Court Bundle - Make Sure You Read This

GOT A COURT DATE? Important, please read......

 

 

Thanks michale, I thought everyone was out enjoying the sun?

I will get stuck in to this lot now:)

[nettyg]

freaky.... it's sunday, you know lol

some of us busy mums have to feed the 5k and all that. you knew somebody would come along eventually:)

[freakyleaky]

I can't believe you have kids to look after as well as the likes of me on here! You are all superstars in my eyes.

[nettyg]

big kids yes... but kids all the same!! gosh i've been called a legend and a superstar all in a weekend - blimey!! lol

[Castlebest]

And been offered a toy boy netty

 

pete

[freakyleaky]

Well I think you are a superstar and now I need some superstar help!

I am not understanding the court bundle stuff at all. I have just read this in a thread

. "If you are having difficulties preparing for court please type out your court order IN FULL (exclude your name/court etc) on your thread."

If I do this can someone please tell me exactly what I need? I am sorry to be so thick but I am not used to any of this kind of stuff!:o

 

[nettyg]

ok stop panicking!!

read the link slowly and then slowly again and it will all be obvious in the end. it's mainly photocopying anyway (lots of it) so don't be in any rush to start it just yet - just make a list of things that you'll need. i doubt that you will need it anyway.

 

Basic Court Bundle

[Castlebest]

Hiya Freaky, as Netty says you have plenty of time and probably wont need your court bundle anyway. The completed thing is in the region of 600 pages so don’t be in too much of a rush to destroy a rain forest lol.

Just download the "basic court bundle" then go through it slowly and type in a different colour where you need to add things and what you need to add or what your query is about that section. Use it as a what you need to do list, you can always download another clean copy for your actual bundle.

pete

[freakyleaky]

Thaks netty & pete. Now i have read it again, for the 21st time, I understand it perfectly.

The only thing I am having trouble with is the 2 links. Nothing happens when I click on them. Any tips?

I promise this will be my last pester on this subject:confused:

[lateralus]

the judge can order any number of things - and you will need to put it together for all parties (so, 3 of everything - you, dg and the court).

if you put what the judge asked for - we can point it out. however - i've just put a lengthy post on oysters

No AQ - Straight to PRE TRIAL REVIEW (1 2 3)

and i stand by it - it's up to you to get them to make an offer - go read what i just wrote there. you'll get there - but it pays to help yourself.

[freakyleaky]

thanks latteralus, but thats what I don't get, the judge hasn't asked for anything in particular. This is what was in the letter:-

 

" district judge ................... has considered the statements of case and allocation questionaires filed (although there were no AQ's required) and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 12.30 on the 20th june at ..................... county court and should take no longer than 2 hours.

The court must be informed immediately if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing."

[lateralus]

we've got 2 months to figure out exactly what to copy off - take the other tack and get nudging. several of the mods will be happy to tell you - but it's way to early to do anything on that side of things.

[Castlebest]

thanks latteralus, but thats what I don't get, the judge hasn't asked for anything in particular. This is what was in the letter:-

 

" district judge ................... has considered the statements of case and allocation questionaires filed (although there were no AQ's required) (he's seen so many of thses cases he doesn't need AQ's he knows DG will settle before it gets to him, they are using standard letters though) and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 12.30 on the 20th june at ..................... county court and should take no longer than 2 hours.(thats the Judges lunch time sorted)

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.(again standard letter)"

 

Freaky don’t worry the Judge is putting pressure on DG not you, the best one of these I have seen the Judge asked for DG's bundle 2 weeks before the claimant's bundle just to make sure it was all sorted before it got anywhere near him a very switched on Judge.

 

pete

[freakyleaky]

mistake sorry