Gregory v HSBC

[kiri260180]

I have sent off Prelim - a standard response of "we are looking into it" no offer then sent off LBA no response at all.

 

I am about to send off my N1 form

 

1. Do I include costs such as the recorded post costs?

 

2. Do I also need to put in the claim that I would like the default to be removed or do I do this when they try to settle - or after the claim has gone through?

 

Any advice would be really helpful as going to hand deliver it this afternoon.

[Castlebest]

Hiya Kiri, there is a particulars of claim template in the library which you can edit to your own circumstances.

I believe you should state everything you require HSBC to do in your particulars including removal of default notices.

pete

[kiri260180]

Thank you so much Pete, I will go ahead and do this - a bit nervous as this is my first one! - only another 6 to go after this!

 

Will keep this thread updated thank you again for the info will be dropping it in by hand tommorow morning.

 

kiri

[lateralus]

is your court open saturdays? i didn't think they were.

[kiri260180]

Was going to put it in post box - but couldn't as they didn't have one!!!

 

So was forced to go in person!! - wanted to avoid this but thought it best in the end best to get the feel of the place in case it does got to court.

 

I have filed the N1 going to call in a couple of days to find out court date.

 

I have read with the interest and now ffeling quite scared the Lloyds TSB case that Lloyds just won.

 

It is clear that I need to prepared to go to court - I have a couple of questions and would really apeciate any help from people as I am now feeling that I may have done the wrong thing.

 

1. I am doing this on the behalf of my husband. He has said that he doesn't want to stand up in court - can I represent him? If it does go to court how do I do this on his behalf?

2. The Lloyds TSB thing was found in favour of Lloyds because there was not enough evidence - I only have the bank statements do I need to be getting original agreement - and if I do - will HSBC be forthcoming in giving this as they probably know by now that I have filed against them.

 

Please could somebody help as I want to be ready and I want to make this as painless as possible and I am afraid as I am not legally minded I am finding this part quite hard. Any help or suggestions would be really helpful.

kiri

[lateralus]

it really shouldn't get that far - i can't say for sure that it won't but it shouldn't. i think to represent him in any court proceedings you would need a paper signed by him to authorise you to act on his behalf - let's worry about that later.

what wasn't included earlier in the stuff we advise you take to court is the terms and conditions from when you opened your account - the site is currently working feverishly to get a good supply of all available ones - and each forum has a request for old t & c's.

 

so, you've filed your claim - that's great - big step in the right direction - so, now when you receive your acknowledgment - send a copy of your breakdown to dg - their address will be on page 2 of the ackn. and give them your claim number also. other than that - it's just waiting for 28 days until they file their inevitable defence.

you could start reading ahead on my two aq related threads - both in my signature - so you can see what will happen next.

[kiri260180]

Thank you so much for all in the info - I will look tonight for old T&C's but I have a feeling that we dont have any but I will check anyway.

 

In the meantime thank you for the direction of the items that you have suggested that I read - I just want to make sure that I am prepared as possible.

 

I will reassure hubby - I wanted to make sure that there was nothing that I had to do at this stage.

 

Thanks for all your help - again, kiri260180

[kiri260180]

Received the court papers about a week ago and it says on the papers that they have to file their defence by the 6th June 2007.

 

What do I do now do I wait?

 

Do I send a letter to DG Solicitors?

 

Can I ring the court to find out if they have filed a defence?

 

Any help really would be good.

[lateralus]

assuming you sent dg a copy of your breakdown like i said in my post - then there's nothing to be done now but wait for the 28 days and see if they defend - and they will - so just have to wait - you could ring after the 6th to see if they have defended.

no letters to dg until after they defend - they are perfectly within their rights to take the full 28 days.

[kiri260180]

Yes, I have sent them the breakdown, I will wait until the 6th and see what happens then.

Just wanted to make sure that I wasn't missing on anything want to make sure I do it all correctly.

Thank you kiri260180

[kiri260180]

Just an update HSBC have filed an Acknowledgement of Service on two days after being served - a bit pitiful as we have had absolutely no response to either the Prelim and LBA however this gives them until the 20 June 2007 to file their defence.

 

Will watch and wait.:-|

[kiri260180]

HSBC have entered in their defence on the 18 June 2007 two days before they had too so they are obviously getting more organised!!!

 

Waiting for the allocation questionnaire to come through.

 

I have two questions:

 

How do I alter my claim not to include the £100 fee that I am going to be charged?

 

My partner does not want to appear in court when and how do I tell the court that I need to represent him?

 

Thank you for all your help - kiri260180

[freakyleaky]

You can just send an ammended schedule of charges with the £100 added to it once you have paid it! I don't think it will get to court so you won't have to represent him.

Now have a good read of these 2 threads so you know what the next stage is When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

Good luck!

[kiri260180]

Thank you for the above, I have entered below the defence that they have entered just for interest - Is this standard they seem to going heavily down the terms and conditions route is this a new twist?

Can anybody shed any light on the line that I have highlighted in blod and underlined - I am afraid that I am not legally minded what does this mean are they saying that I have got something worded incorrectly?

 

I have also asked DG solicitors three times for terms and conditions but not received any so I think that should be sufficient enough in the judges eyes if I cant provide them? I think though now we have quite a few on one of the posts that I saw so I think I am well covered.

 

1. The claimant's account is governed by the defendant's persoanl and/or business banking terms and conditions

 

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for it's services as set out in the defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

 

3. The defendant denies that the charges applied to tyhe claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

 

4. The charges applied to the claimant's account are reasonable and are properly and fully disclosed in the defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

 

5. Save as set out above, eachand every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

[freakyleaky]

Standard stuff! No worries! If you need T&C's there are loads available on this site when the time comes!

[kiri260180]

Thank you very much just wanted to make sure.

 

I will have a look and prepare by getting the T&C's thanks again.

[freakyleaky]

This may help if you have not seen it yet

HSBC T&Cs HERE

[kiri260180]

Hello Everybody,

 

I am afraid that this is extremely delayed as we have been on holiday but HSBC have settled.

 

I received our allocation questionnaire and I sent a letter to HSBC saying that I was going to continue all the way with the claim and that for the third and final time I was requesting the T & C's and that if they wanted to save themselves a further £100 then I siggested that they should pay up now and sure enough 2 days later a full offer came through. I was completely gobsmacked - reading a lot of threads on here I was prepared to go the whole hog - I had printed everything out and was completely prepared.

 

Anyway we got £2,200 so I would like to say a huge thank you to everybody - this has gone to patrially pay some of our loans so thank you again. kiri260180

[Castlebest]

Well Done Kiri!!!

 

Pete

[pinkduchess]

congrats

[jowalshy]

Well done on your win.. Congratulations.

[freakyleaky]

Well Done Kiri!!!

congrats

[lateralus]

yes, well done, kiri.

they must have known you meant business to make the offer so soon!

congratulations!!

[kiri260180]

Thank you again for everybodies support I couldn't have done it without all of you.

 

Thank you again, kiri