Ahhh! please help - hsbc filed defence

[cathbluenose]

Can anyone please help? HSBC have filed a defense after 28 days. They are citing that the 1999 UTCCR saying they are not applicable- PLEASE NOTE- this is a business account and under the particulars of claim when filing I did not cite 1999 UTCCR as reasons! They say they are not default charges and therefore cannot amount to a penalty! Help eek.

My particulars of claim where as follows:

 

The claimant has held an account with the

defendant, conducted on their Standard

terms and conditions since August 2003 ,

The defendant from October 2003 to present

day has applied charges to the claimant

account, totaling £1634. The bank's charges

are a disproportionate penalty and

therefore unenforceable. Penalty charges

are irrecoverable at common law. The

precedent for this was Dunlop Pneumatic v

New Garage [1915] AC 79.along with Murray

v. Leisure play [2005] EWCA Civ 963. The

claimant has repeatedly asked the bank to

refund their charges or offer proof that

they are true pre-estimate. They have

declined to do so. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act (1982).The

claimant claims £1634, being the sum

unlawfully debited. The claimant claims

interest pursuant to S69 of the County

Courts Act 1984 at the rate of 8% per

annum, being the sum of £279.40.

 

Does anyone know what this means? I really don't know what to do next - any help would be greatly appreciated

Thanks!!

[make_me_happy]

PM Nettyg, Lateralus or Bong, they might be able to help.

[Michael Browne]

They are citing that the 1999 UTCCR saying they are not applicable- PLEASE NOTE- this is a business account and under the particulars of claim when filing I did not cite 1999 UTCCR as reasons!

And you can point this out in your AQ, that the bank is submitting generic defences and not specific to your claim.

 

You don't need to do anything, just wait for the AQ

[darkrage]

hi im expecting to get the same response once mcol lets me submit - my account is a personnal account and i have not cited 1999 UTCCR either - i have recently recieved a new letter format when going over the od limit saying i had agreed to an extension of this facility and would be charged for the service which is why they are now citing this utccr also i did not agree to this facility and the letter was the first i knew.

 

well i think that is why anyway - i think we need to get some thinking going in how we reply to this as and when it happens - sorry for jumping in on your thread.

 

i think we will all need some help regarding this as it seems hsbc are defending everycase now.

 

or maybe im completly of the ball and im getting mixed up with regards to this . hmmm ill be quiet now .

[mellymum]

HSBC also filed a defence with me today, after I requested judgement yesterday. Havent recieved anything through the post yet, but Im starting to get worried now! Sorry not much help, just to let you know Im in the same boat!

[lateralus]

i know nothing of these things - but i will point out one fact - dg has always filed a defence at the end of 28 days - always!!!!!

so, that's nothing new - it just prolongs the process

how many have just given up and gone home? lord knows but it must be a good few - so....... even with no legal expertise, even i can see, their plan works.

mellymum - bet it's in the post tomorrow or friday,

darkrage - why are not putting that in your particulars - did you not use mine as a template?

and cathbluenose - i would advise pm-ing a moderator - GaryH is very good with this stuff or he will know who is good with business claims.

[darkrage]

yes i did use yours lattie - i guess i just dont get what bit is what lol

[cathbluenose]

many thanks for your posts I now think that they have just submitted a generic defence rather than one specific to my business claim so I will point this out on the allocation questionnaire- that is a big mistake on their point though surely and this must count for something- legal wise?

I will pm some people though just to get a feel of what will happen.

[Rayne]

if they're using a generic defence is that not then further grounds to have the defence struck out?

[parian]

As lateralus says DG always file a defence at the last minute.

when I sent DG my schedule of charges, I wrote a paragraph to tell them that I am aware of their delay tactics and that I'm confident in my abilities to take the case to court, basically pay up or I'll have my day in court

 

Rgds

 

Ian

[mellymum]

Does anyone know how long it may take from here? I might ring the local court to see how long they may think it would take for a court date, anyone else really fed up now???? It pee's me off cos you know they have to pay up eventually

[parian]

Does anyone know how long it may take from here? I might ring the local court to see how long they may think it would take for a court date, anyone else really fed up now???? It pee's me off cos you know they have to pay up eventually

 

Just hang in there I'm in the same boat as you, both HSBC and HFC acknowledged at the last minute so its now 28 days and counting (actually its 12) it can feel a little scarey but the guys and girls on here are a great help

 

Good luck

 

Ian

[nettyg]

we all got fed up of waiting.... but when that refund/cheque arrives - boy what a feeling of self righteousness!!!

 

stick with it... you never thought you'd get them back in the first place after all

[mellymum]

Thanks guys.Good luck to everyone else on here as well, if it wasnt for the advice and support on this site, I wouldnt even of known where to begin. Definately going to make a donation when this is all over for sure.

[nettyg]

the nice thing is.... we've all been there so we know what each and every one of you feel. nobody likes waiting for the inevitable.... you'll get it back - that's a certainty.

[parian]

Thanks guys.Good luck to everyone else on here as well, if it wasnt for the advice and support on this site, I wouldnt even of known where to begin. Definately going to make a donation when this is all over for sure.

 

 

I'll second that

[mellymum]

Hiya, well my next door neighbour is on exactly the same stage as me and she rang the local court today, apparently our hearing will be on 25th June, they are doing a whole bunch of bank claims on the same day. Shame its so far away, but a least we have a date to work to now, fingers crossed it may get settled before then, but I bet HSBC will wait until the last moment!

[nettyg]

i'm sure you will have received an offer before then

[cathbluenose]

if they're using a generic defence is that not then further grounds to have the defence struck out?

 

I would certainly hope so- I might just write them a letter explaining this to them along with my copy of charges!