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chriselaine V HSBC


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Hi

 

After completing allocation questionnaire and sending it back to court by 9th July, I have today had a General Form of Judgement Order.

 

It is ordered that there will be an allocation hearing on 7th September to consider either staying the claim pending the decision in a test case involving the Defendant or giving directions for this claim to be heard as a test case and if necessary allocating the claim to the multi track for that purpose (I had asked for the small claims track). Also, not less than 14 days before the hearing the Defendant shall file with the Court and serve upon me details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively the Defendant shall file with the Court and serve upon me draft directions for this case to proceed as a test case.

 

I may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the allocation hearing.

 

What exactly does all this mean? Is it going to help me or just delay this whole thing even longer? As far as I know HSBC haven't got any test cases in the pipe line - or am I wrong?

 

Any help very gratefully received!

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Hiya Chris, this is an old set of directions, from time to time the Judges try to get DG (HSBC) into a court room to set some kind of president (rules for other cases to follow). They have and will continue to fail because it would cost the banks a fortune and they will cut and run every time (make you an offer).

 

He has allowed you to make representations to the court before the hearing which gives you two choices.

 

Write and say as not a single case has been defended in court by the defendant you belive their provaracation to be an abuse of process and ask for the defence to be struck out.

 

or

 

Write with a set of the CAG draft directions asking for them to be adopted at the hearing.

 

pete

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Hiya Chris, I wrote this for a member in the same situation as you, have a look at post number 27, you should be able to edit it for your own claim.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97687-advice-plesae.html

 

and here's the Draft Order Info

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Let us know if you have any questions

 

pete

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pete, i get a bit confused when this happens - chriselaine has already done the aq with the draft order -presumably - so would they send them again - or is the direction possibly a response to the fact that they were sent as they specifically ask the defendant for draft directions - would you advise they resend draft dir. to both court and dg? or what.

 

 

chriselaine - just clarify - when you sent aq - did you include the draft order for directions?

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Hi... I same thing happened to me ...AQ sent me..I responded including draft orders for directions, then a couple of days later I received the Genreal From of Judgement, setting a date for a Directions hearing (14th August together with 300 others! ) I called to court for advice, they said AQ was still needed but I could also submit my requests to the Dricections hearing, so sent the Draft orders again and will turn up on the day. I agree with PEte - I think this is just a strategy the courts are using to put pressure on the banks and to clear their decks. I would say you should send the draft orders again to the court..and to CG Solicitors.

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Your right Lattie and Mostin... I got a bit confused there myself had to re read the thread

 

I just think if DG are sending in draft directions so should Chris and the judge has allowed this by saying ... I may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the allocation hearing.

 

 

But your right he wasnt impressed with the draft directions first time round so try the strike out letter this time.

 

pete

 

 

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In my case, and in many others I gather, DG have still not sent in Draft directions, and I think my AQ crossed in post with the General Form of Judgement letter.... so I just more or less repeated what I attached to AQ. Still have the opportunity to speak at the Directions hearing if necessary

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Hi everyone

Just to clarify - when I returned my AQ I did not send draft directions, I asked the judge to order standard disclosure. As I've now had the General Form of Judgement I am assuming that DG returned their AQ fairly promptly, and as you've all said I think the judge is putting pressure on them now to prove their case. I'm inclining towards writing and requesting for strike out.

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could you ask for the strike out and back up with draft order -

i'm really not up to speed with all the ins and outs of the court stuff - someone will comment, i'm sure - you've got a couple of weeks to play with it and see what others think should be sent.

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Can anyone help me with the timing of this letter to request strike out. I don't know for sure whether DG have returned the AQ and I'm going to phone the court today to find out. If they haven't then presumably I could send the letter straight away. If they have returned it, then should I wait for the 14 day deadline before the allocation hearing and if they don't serve their draft directions, then request for strike out. Also I haven't sent any nudge letters yet, but am going to start sending them now that there is a definite date to aim for. Should I send standard nudge letter or is there a specific one mentioning that we now have a date for a hearing?

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I've now phoned the court and DG did not send back the AQ. Can I write straight away to request the defence to be struck out, and when I write to DG should I send them a copy of the letter?:confused:

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  • 4 weeks later...

Hi

Have been keeping an eye on threads to see how other people are getting on since 27/7. DG have still got until next Friday to submit their directions to the court and I'm going to assume at the moment that they will ask for a stay. As my particulars of claim was not only quoting UTCCRs, but also

the Unfair Contract Terms Act, can anybody please tell me exactly how I could argue for that - in other words how are the banks contravening that Act?

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Can anyone please help regarding previous post. Have now had standard letter from DG saying that they will be requesting a stay and I want to get a letter to the court requesting its refusal on grounds that UTCC is not my only argument, and also because some of the charges relate to returned direct debits not overdraft fees.?

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Can anyone help with post No 39 please. Have now had letter from DG saying that they will be requesting a stay and I want to get a letter to the court requesting its refusal on the grounds that UTCCRs is not my only argument, and also because some of the charges relate to refused direct debits and not overdraft fees?

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I think you will have problems with using that argument because although part of your claim is for the returned item charges the rest is for overdraft charges that will be affected by the OFT test case.

 

Your Judge wont be able to hear half a case so I belive he/she will place a stay on the whole thing.

 

pete

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Clutching at straws is good and sometimes pays off. But I fear pete is right in this case.

Just don't give up! Thats what the banks want! You will get satisfaction in the end!:)

[sIGPIC][/sIGPIC]

 

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