Total bankers***won***

[freakyleaky]

I'll give that a go now. So are you saying that I do have to include that in my bundle?

[jowalshy]

I would do it anyway so you have a personal record of what you put and you can refer to it.

[freakyleaky]

Ok so on mcol now but can't find details of my claim anywhere. Anyone know where I need to click in order to get details up?

[freakyleaky]

It's ok, I found it! thanks Jo!

[lateralus]

had to go all the way back to page 6 to see your court instructions - so, yeah full court bundle (all three copies) due 14 days before the 20th. you do right to make a start even if they come up with a last minute offer.

 

so, last weekend it was chris brundle (cc -v- hsbc) spending his weekend doing it - got it sent on monday and offer came thursday.

another one last weekend stoldad - or something - i'm checking to see how he got on.

 

this weekend it's will cosworth busy doing his - nearly done. his thread is right up at the top -

 

both threads have lots in them -

i take it you've made a start -

 

so, i just usually tell peeps this is the basics:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

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 Questionairesnote here: hsbc uses the service charge defence - so use this the first one on post 55 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.

 

so, keep an eye on will's thread for your questions - it's probably already been asked - the witness statement is the first letter on post 55 of the new strategy thread - as hsbc goes with the service charge defence. This and everything else, - check if you need to put personal stuff in it - don't just copy without reading it first.

 

in the court bundle - the first page before you do the zip file has some good tips for putting it together

 

you need to come out with three complete versions.

 

i keep a list of all i've sent particulars to - i don't think you are on there - did i send them to you - do you remember - because i could send you them again if you copied mine (lots do!) and you'd have it - where did you get them from - do you remember?

 

there are several helpful threads on will's -- get back if you are struggling - take your time and get it all and get it right.

[freakyleaky]

"i keep a list of all i've sent particulars to - i don't think you are on there - did i send them to you - do you remember - because i could send you them again if you copied mine (lots do!) and you'd have it - where did you get them from - do you remember":confused:

Now here's me thinking I was doing so well and feeling really smug because I actually thouhgt I understood it all! But now I am confused. Can you rephrase the above paragraph for me please? Don't forget I am really not that clever. I have had a look at post 55 and it looks straight forward. Do I need ot dig out old letters from the bank where they may have said the charges were not penalties ect... and if so what if I don't have any?

I think the rest of the bundle is clear and Jo has sent me the oft and early day stuff.

Only statements with charges on, I didn't know that, thanks.

I really don't think I will need all this but I won't get time after today as I will be busy at work.

I will take a look at the other threads you mentioned.

[jowalshy]

I think that you will need all of the correspondance you have sent and received since you began your claim. As for Latties POC's. She sent a copy to me of which I used instead of the template here. Did you use the template from here to do your Particulars of Claim or did Lattie PM a copy of hers to copy?

[jowalshy]

Any correspondance relating to the charges from HSBC will help. e.g they sent you a letter saying that you bounced an item and that they are going to charge you X amount.

[freakyleaky]

When I filed with mcol I used the poc's from the mse site. I hadn't found this site at the time. Is this a problem?

I don't think I have any letters from the bank with regard to charges.They only ever informed me via staements. is this a problem?

[freakyleaky]

My POC's

 

1. between the dates of 29/**/** and **/**/** the defendant applied numerous default charges to the Claimant?s bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: A term is unfair if it requires and consumer who fails his obligation to pay a disproportionately high sum in compensation. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful extravagent penalty.

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date of this claim. This amounts to a total sum of £**** continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Cliamant therefore asks the court to enter judgment in their favour for the sum of £****** plus interest, amounting to a total of £****.

[freakyleaky]

bump???????????????

[freakyleaky]

Lat, pete, crusher???? ANYONE!!!!!!!!!!!!!!!

[freakyleaky]

:cry: bump:(

[freakyleaky]

I've just read the poc template in the library and mine is nothing like. I followed the mse advice at that stage and have only done what thousands of others have done from that site, most of who have been sucsessful in their claims. I know I am going to be told that my poc's are missing lots but it's to late to do anything now. I am looking for some encouragement. I need to know that if they were so inadequate that the court or dg would have picked up on it before now and had the case struck out.

Any thoughts???

[jowalshy]

I would have thought that the court would have picked up on anything amiss. I am sure that some people have had notification from the courts to elaborate on their POC's a bit more.

[Michael Browne]

MSE POC's are not as thorough as CAG's and are barely adequate, but as you say the court have not directed you to submit more detailed POC's, so I wouldn't worry about it. Just concentrate on the bundle.

[freakyleaky]

Thank's Michael. I have just had a quick scan of the mse site and there are a few cases I have seen that are asking for more details such as account nombers and dates and so on. But I think I am ok as I have sent lots more details to the court and to dg since coming to this site. As you say the court have not asked for more so fingers crossed all will be ok.

Back to the bundle now, JOY!

[lateralus]

sorry, freaky - thot you had it under control - don't worry i'll keep checking to see if you need anything. you've got loads of time - if it were due wed. you'd be sweating - you've got a couple of days to play with.

so, what do you need?

 

you asking about poc's - michael has said just what i would have (less words though!) they are ok - not great - but nothing to worry about.

so, a copy of your schedule - no problem

copies of the pages of your statements where a charge you are claiming for appears. (so not every page of every statement - just the pages with a charge on)

copies of all the letters (since you started asking for your money - so prelim, lba, and their stuff back - any stalling letters, and court stuff - notice of issue, notice of acknow, notice of defence, any nudges you've sent nothing of the bank's with "without prejudice" written at the top - you must not include anything with w/p.,

the statement is the first one on post 55 of the new strategy with your bits and bobs included.

the list of settled claims: from here -

Litigation Section - View and print out litigation spreadsheets here

 

copy of terms and conditions - try for one around the date you opened account but the data base for these isn't up and running yet - so take what you can get - will cosworth has an old one - ask him to email it to you or you can use this one from 2004:

Attached Filespersonal_banking_terms.pdf (177.1 KB, 33 views)

 

aside from all that it's then just zillions of pages of the court bundle zip file -

 

and eventually it needs to be in order - 3 stacks - and page numbered with a table of contents - like the one on the first page of the zip file of the court bundle. the best advice is from bookworm when you click on the court bundle link - before you open the zip - how to label it, what to use, etc.

 

i know it's a big bitch of a job - but in most cases, the offer comes as your payment. it's such a shame - but with the wasted cost template - which you can do after the whole thing is over - you can ask for money you spent on paper, postage, ink, etc. and most importantly your time.

keep this for later:Wasted Costs order

 

like any big nasty - job - leave enough time - take it in small bits and just grit your teeth and do it - like cleaning the toilets!!!! and other general housework!!!!!!!

[freakyleaky]

Wow! thanks lat!

I think I have most of it under control now. I have just done the letter from post 55 and would like to run it bt someone. Can I send it via pm to someone?

I need some t&c's from pre 2000, I think it was probably 92 when I opened account but not sure. Will the 04 one's do?

Also I have no letters from the bank regarding charges. Can I leave them out?

[lateralus]

look at nawanda's thread last night - gary did a witness statement for her - it was pretty helpful - i think that's the same statement - so compare it to yours.

as i said will cosworth came up with one older but you'll have to get it from him somehow - pm him or go on his thread.

just make sure you copy all those great nudges you sent!

[freakyleaky]

Lat, I can't find will cosworth! Any idea's? Is that the right spelling?

I have just seen Nawandas thread, I feel quiet lucky in comparison!

[lateralus]

funny that - i just saw your post to him!!!!!!! gotta keep up!

 

was that the same witness statement then?

[freakyleaky]

Sorry I found him just after I asked you.

Yes it's the same statement. I just wanted someone to look over mine now that i have tweaked it to my partics. Really paranoid about getting it wrong!

[lateralus]

pm it to me

[freakyleaky]

Is there somewhere within the court bundle i should be asking for standard disclosure?