Chonker Vs HSBC

[chonker]

Statements requested 13th February 07

Initial request for repayment 8th March 07

Final demand for repayment sent 23rd March 07

Claim issued 13th April 07

 

...and that's where I currently am, I've not heard back from them within the 28 days so tomorrow will call the court to find out what happens next.

 

In total (including 8% interest) I'm claiming 3,055.05. Plus what the court case cost me to issue of course.

[maroondevo52]

Best wishes with your claim Chonker,

 

Hope they have'nt responded. HBOS ignored my court Return Date and Calling Date, got my cash about 14Days later.

 

Regards.

 

Scott.

[lateralus]

was it mcol - have you checked the site - what does it say - have you pressed the button - if it has been defended - you won't be able to press the button - it will say you can't proceed with mcol.

was the 13th april actually your issue date according to your notice of issue - if you filed on the 13th you have to add 5 days for it to be served. it's 28 days from the date served. so you may still have a day or two to wait - also, if it is today - it may not show defended until tomorrow. the courts will send a notice of transfer once it has been defended plus a copy of their defence.

 

on another note - have you sent copies of your breakdown to dg - you should do now - if you haven't - their address is page 2 of your acknowledgment.

[pinkduchess]

you found us!! now you'll get the help you need.

 

good luck

[chonker]

Ah on MCOL it shows the status of my claim is "Defense" so I guess I've just not yet recieved it in the post yet.

 

I'll go ahead and send a copy of my breakdown to dg anyway. Thanks for the advice.

[lateralus]

ok, you may need to wait about a week for the paperwork to catch up - they are behind too -

 

did you send the court a breakdown - if not - wait now until you get the addy for the local court then send them one to be attached to your claim.

[chonker]

Well I recieved a letter asking for a 100.00 allocation fee, which I've paid (begrudgingly, it's expensive getting justice!).

 

I've just recieved a letter with my court date in October. It says in the letter that no later than two weeks before the hearing I need to supply the court and bank a copy of the documents on which I intend to rely upon at the hearing. Should I be sending this stuff back right away? Is there a recommended list of documents to send (I had a look about but couldn't see one).

 

I'm starting to loose patience with all this, I really hope they cough up soon and don't leave it until the court date

[Castlebest]

Add your allocation fee to your claim schedule because its recoverable as part of your claim along with the claim filling fee

 

and you have a full court bundle to put together and good o'l Lattie had done a thread just for such an occasion

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Have a read through and have a look at the basic download materials from the library here, work through it slowly and post any questions you have, it takes most people a little while to sort out what is needed so dont worry if you dont understand bits to start with.

 

pete

[lateralus]

pete, a little less of the "o'l" if you don't mind!!!

 

chonker - nobody said it was quick - good things usually do take time.

 

we used to put in the aq a draft order for direction - asking the judge to move everything onto a front burner and basically to require the court bundle right away - you would have 14 days to get it in then dg solicitors would have 14 days to get their in - and we know from experience that they won't do it - they will make an offer instead of doing the court bundle.

 

so, if that sounds reasonable to you - you could send a letter to the judge asking for the draft directions to be made an order - here is the letter followed by the draft directions - just tweak the letter to your claim.

 

 

County Court

Court Address

Court P/code

[Your address]

The Court Manager

******

 

[date]

 

 

 

 

 

 

Dear Sir/Madam

It is noted that in my case referenced above that the Directions hearing will be heard on 14/8/07. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date HSBC have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order. I think that this would expediate the matter, which will hopefully lead to an early resolution and therefore making a court date unnecessary.

 

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

 

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

 

 

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

 

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

 

 

 

 

enc: Draft Order

 

 

 

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

 

 

. if he makes the draft direction an order - you will have 14 days to produce the court bundle and get it to the court and dg - dg would then have a further 14 days to respond. this is when they usually make an offer as they don't want to produce their stuff in court.

i think this is the way forward for you.

 

you also, would then write a letter to dg - saying i have given the judge the following draft order for direction as my opinion as to how this case should proceed.

more for the letter can be found on page one of either of the aq threads in my signature. just saying let's save the court some time and get this done - and send another schedule of charges with your letter.

__________________

[chonker]

That sound brilliant, thanks very much

[chonker]

Well my court case date was cancelled due to this OFT case (When exactly is that due to happen anyway?)... I've written to my MP about it but I'm running out of hope, and time. I'm hovering on the brink of bankrupcy and this money would help so much I just don't know what to do.

 

I dispair , I'm totally disgusted with the judicial system I've paid hundreds of pounds that I can ill afford only to have my court date cancelled.

[Castlebest]

Hiya Chonker, if your in real hardship you can still go to the Ombudsman but it wont be a quick fix.

 

It sounds like you need professional advice, have you spoken to the Citizens Advice Bureau? they are very helpfull and free...

 

My one last comment is bankruptcy is a financial option, not the end of the world... you do need to know exactly what you are doing before you take that route and not be pushed there by the bank because it suits them... and there are other options too... get all the free advice you can and you make the decisions.

 

good luck

 

pete

[freakyleaky]

Hi Chonker. Have a look at this thread. Insolvency/Dealing with debt

I hope it is of some use to you.

 

Good luck!

[chonker]

Well after the depressing outcome of the supreme court case, it was bound to happen..

 

I received a letter today from HSBC stating that 'If we do not hear from you within 8 weeks of the date of this letter we will consider your complaint closed'.

 

Not really sure where to go from here, as I understand it we are waiting to see if the OFT are going to pursue the matter down a legal avenue?

[sea-sidelady]

Keep the letter safe, and keep checking in with us for the next step.

 

No doubt you will be seeing plenty of these types letters on here.

[johnnymitch]

Hi chonker

 

I received a letter today from HSBC stating that 'If we do not hear from you within 8 weeks of the date of this letter we will consider your complaint closed'.

 

In which case I'd make sure they heard from me.....

 

Why not write , acknowledge their letter and point out out "that your complaint is still alive , in the courtsystem , and will remain there until you have received further legal advice on how to progress with this matter"

 

They may come back and say that their solicitors ( DG) will be dealing with it ..... but it keeps them from closing the case ......

 

And ,as SSL wisely says, look after that letter safely .... copy it , save it,and keep in touch with the site here for further developments from the legal team ....

[johnnymitch]

btw chonker ... was the rest of your letter anything like the one my son just got ?

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/239058-battle-goes.html

 

I think they're sending out thousands of template letters , all saying the same thing - and hoping it'll put people off......

[chonker]

Yup that's the one

 

Swimming in half truths and it makes me want to spit

[johnnymitch]

Don't know if you've seen RGS1's thread yet chonker .. but it looks like this is the next one you'll get (from DG )

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/234710-not-over-yet-rgs1-2.html#post2657806

[chonker]

I'm not received anything further from the courts yet, hopefully soon!