On-Line Court Case against HSBC "Defended"***WON***

[andromeda411]

hi there,

in scotland you can claim for up to £1500 through the summary cause route.

my suggestion for you is to claim through the FOS finanancial ombudsman. as far as i know there is no limit to the claim through them. you of cannot claim interest when you use them.

Financial Ombudsman Service

 

maybe someone can advise you more than i have

 

regards and good luck

 

andromeda411

[PKea]

YEs i would advise you going doen the route of the FOS

 

Do everything as you would if it was going to court.

 

Once you recieve there final decision usually about 8 weeks then you can go to the FOS

 

Make sure that you have copies of ALL documnetation

Copies of ALL RECOREDED DELIVERIES of letters

 

The FOS will want copies of all documentation

 

They also have a 100% sucess rate, providing you follow the correct procedure for this

 

Here is a link to help

 

FAQs - complaining to the bank

 

Hope this helps

 

Paul

[bankrupt again]

Thanx for that! I think the more I read the more confused Im becoming! So can I still threaten them with court? If I can't really go down that path!

[PKea]

Have a read of the link i gave you

 

This outlines the procedure that the FOS like you to take before they will act for you

 

Paul

[bankrupt again]

I have just phoned my bank! another 3 charges incured today! I now hate them so much! Anyway I asked if there was someone I could speak to, she said was I speaking about all the charges for 6 yrs, hence, she has put the complaint through to customer relations + said they will phone within 5 days + then after that by letter. She said hopefully someone there will be able to resolve this issue to my satisfaction! She asked if there was anything I wanted to add to the complaint?? Im worried I've now done wrong speaking to her on the subject? Should I still sent prelim or wait + see?

[andromeda411]

send letters etc and make things official as you will need documented evidence for the financial ombudsman.

 

regards and good luck

 

andromeda411

[Bigmac versus]

There is a letter to stop the taking of benefits, right of appropriation however in your case where they have actually already been taken this letter would be no use so i wouldnt mention this in the prelim just stick to that wording as it has been tried and tested also wouldnt wait for them to get back to you as promised as this more than likely wont happen, send the prelim with your schedule of charges (remember no interest) and wait 14 days then send the Letter Before Action allowing a further 14 days.

 

Regards

George

[livelylad]

Threads merged please stick to one thread for this claim.

[WayneBrannan]

You now wait for the judge to send his directions - when that happens you will be given a date to respond. For the moment, I would advise spending some time looking through other threads relating to HSBC - this will give you a better idea of what to expect, and how to move to the next stage.

 

Did you use the particulars of claim from this site?

 

Alanfromderby - I'm at a similar stage - Case transferred and awaiting contact / hearing date from Bradford County Court.

 

I didn't use POC from this site, I used the POC from Martin Lewis' site. Is this be a problem, potentially?

[alanfromderby]

MOD NOTE: PLEASE KEEP QUESTIONS AND UPDATES TO YOUR OWN THREAD.

To answer your question, I doubt whether it is a problem - but needed to seek clarification due to the concerns being expressed by that poster who has used three different sources for information.

[WayneBrannan]

MOD NOTE: PLEASE KEEP QUESTIONS AND UPDATES TO YOUR OWN THREAD.

 

To answer your question, I doubt whether it is a problem - but needed to seek clarification due to the concerns being expressed by that poster who has used three different sources for information.

 

Noted alanfromderby,

 

All apologies... As mentioned earlier, this is the first time I've really participated in a discussion forum and and trying to accustom myself to the etiquette!

 

Still not received anything from my Court, seems they're running behind (they have confirmed on the telephone I'll hear from them very shortly).

 

From what I can gather anyway, I'll have a chance to cite various other Acts and things I've missed on my POC if I have to submit a Witness Statement??

[WayneBrannan]

Quick question guys,

 

STILL not yet heard from Bradford County Court despite my MCOL case being defended on 02/05. I phoned them yesterday and they said I should hear in the next few days but they're just very busy. They have received my letter with Charges Schedule.

 

I wrote to DG about 10 days ago with lateralus' letter saying "as AQ despensed can we come to settlement, etc. etc."

 

Even though the Court haven't sent anything out to us yet, in terms of directions and a prelim hearing date, can I still send nudge letetrs to DG?

 

Also, everyone else seems to have received a letter from DG at this stage asking for Charges Schedule. Should I be worried that I haven't?

[jowalshy]

Hi Wayne, I think that only people who haven't yet sent in a schedule of charges to DG get the letter requesting them. I, as yet , have not received any correspondance from DG and they defended my claim on 11th April! I then received a notice of Prelim Hearing to take place on 25th July on the 9th May. As most transfers from MCOL state that the AQ is to be dispensed with and that it is up to your local court as to what is to be done next, I don't see any harm sending another polite nudge in DG's direction, just put in your letter that the AQ may be dispensed with instead of stating that it has been.

[WayneBrannan]

Hi Wayne, I think that only people who haven't yet sent in a schedule of charges to DG get the letter requesting them. I, as yet , have not received any correspondance from DG and they defended my claim on 11th April! I then received a notice of Prelim Hearing to take place on 25th July on the 9th May. As most transfers from MCOL state that the AQ is to be dispensed with and that it is up to your local court as to what is to be done next, I don't see any harm sending another polite nudge in DG's direction, just put in your letter that the AQ may be dispensed with instead of stating that it has been.

 

Brilliant, thanks jowalshy.

 

I'm hoping to have something in the post either today or tomorrow from Bradford County Court with a preliminary hearing date so I can really start chasing DG!

 

Incidentally, re: the recent LloydsTSB judgment in Birmingham, Barclaycard recently replied to my LBA offering about 30% of what I was claiming and saying they disagreed with my legal analysis. I replied, citing the Lloyds judgment in my favour using the following line:

 

"You may be aware of the recent judgment in the Birmingham County Court, which ruled in favour of LloydsTSB because the judge concluded that the evidence before him did not prove the claimant had breacehd the terms of his Contract (T&Cs) to incur the Charges. This actually strengthens the case against Credit Card Companies becase it is a standard condition of my Contract with you to ensure that not only do I make a minimum monthly payment, but that I also make sure I do not exceed the credit limit. As all of the Charges listed on the attached Schedule were automatically apllied to my account for either one of these reasons, I am more than happy to discuss with yourselves, in front of a judge, whether these constitute 'penalties' in law."

 

I read a BBC/News Article yesterday about Banks citing the judgment to potential claimants in order to frighten them. I thought I'd have a little bash at playing the financial institutions at their own game!!

[jowalshy]

There is a link for people to complain to the BBC regarding banks using the Lloyds win, to scare off people from claiming.

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=10&a=92

[WayneBrannan]

Hi again people!

 

I'm getting extremely frustrated now

 

I've just telephoned Bradford County Court's Listings Dept. and been told it could still be another "couple of weeks" before I get anything from them as they're short staffed. For God's sake - It was referred to them on 02/05 (more than a month ago)!!

 

Has anyone else on here got any experience with the Bradford CC or experienced such annoying delays from their own local CC??

 

Anyone got any tips on how I could possibly get them to hurry my case up?

[jowalshy]

I got my notice of transfer on 12th April and I got notice of prelim hearing on 9th May telling me about the prelim hearing on 25th July. As for trying to speed things up, I don't think that there is anything you can do apart from sit and wait I'm afraid.

[WayneBrannan]

I saw this whilst browsing the BBC/News Website the other day:

 

 

BBC NEWS | Business | Banks branded 'vexatious defendants'

 

Given the difficulties I'm having with Bradford County Court, would this 'strike out defence due to abuse of process' tactic be useful for me to try?

 

Does anybody have a template for a letter, and al ist of settled cases (where Court time was wasted) that I could send to the Court? As I mentioned before, the stage I'm at is that my MCOL case was defended over a month ago and transferred to Bradford CC. They confirm they now have the case but are very short staffed and might still be another few weeks before it's even listed for a prelim hearing date (which would then be a further 2 months-ish from when it eventually gets listed!!).

 

Would it be wirth referring to the article and asking whether the Judge would respectfully consider the same approach?

 

PS - There was no AQ - Order to dispense was given with Notice of Transfer of Porceedings, so I have quite literally had no correspondence whatsoever from the CC.

[WayneBrannan]

**bump!!**

[WayneBrannan]

Hi guys...

 

Anyone got any advice on my post above (#51)??

 

Much appreciated

[WayneBrannan]

[bump] [bump] !! :)

[lateralus]

i very much doubt that it would work but i'm not sure that's why i haven't responded and i suspect others feel the same - we are watching -

keep bumping if you want a mod to take a look.

[HSBCrusher]

I am sure that a list of strike outs due to abuse of process, and settled cases would be a great thing to pop into your bundle when it gets to court.

we have had one with hsbc just this week.

I am not sure a letter would work at this stage.

[WayneBrannan]

Thanks lateralus & HSBCrusher...

 

I'll write to the Court anyway, if it can't do any harm.

 

I'll keep my thread posted with any progress on Bradford County Court for anyone else having difficulties with them.

 

Many thanks again

[WayneBrannan]

Just chased Bradford CC by telephone and was told I should receive a letter in either today's or tomorrow's post confirming a preliminary hearing date of Friday 3rd August, at 2pm... By TELEPHONE??!! Has anyone else had a 'telephone hearing'? Is this a new tactic used by the Courts to reduce admin, knowing the allocated hearing time is unlikely to be used?

 

So, anyway... Next steps please???!!!! Am I nearly there???!!!