CatLover64 v HSBC

[caro]

This was in Croydon.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/43064-bookworm-barclays-round-2-a-2.html#post1104348

I'm assuming that you're applying for removal of a stay. Make absolutely sure that you don't try any shortcuts, use the proper form and pay the necessary fee if so. From what I've been told it could make a difference as Croydon don't like people trying to apply without. If you notice Booky does say that the judge seemed sympathetic.

[Catlover64]

Anyone seen this :

Stitch up! - City - Money News - News - Mirror.co.uk

 

Taken from the Daily Mirror today. And what are the implications for any outstanding court action? Any idea people?

[jowalshy]

That was a very interesting read. Not quite sure of the implications though. The financial Ombudsman will probably be absolutely inundated with people claiming now that story has been leaked out.

[johnnymitch]

Very interesting as you say Jo.

 

I'm a bit confused though, (nothing new for me) I thought the FOS had put everything on hold until the 'TestCase' was over..........? :? . Is this now saying that if you send your case to FOS anyway, they will tell the banks to cough up IN FULL on the quiet?

 

My brain hurts :grin: :grin:

 

PS Sorry, - Hi Catlover, long time no hear!

[manicblonde]

I,ve had all my stuff I sent to the FOS returned to me, I sent it back to them on 5/9/07 saying I was not happy etc....!!!

 

I have not had any response from them or DG/HSBC!

 

I think this may be a wind up??

[jowalshy]

I had a look at the FO site and it still says that claims are put on hold pending the outcome of the OFT case

[Castlebest]

And this one looks even more like a stitch up

 

BBC NEWS | Business | OFT may compromise on bank case

 

pete

[johnnymitch]

Seems to be a bit of mischief-making going on with the media Pete, - I don't suppose .... no ... surely not ...not the banks telling porkys to put people off.

 

And to try to push OFT & FSO and court minds along pre-prepared tracks ..... no they wouldn't do that, would they????? :o

[Castlebest]

The gutter press are very good at finding leaks in any organisation (£££) if anyone is manipulating the situation they will need to be very carefull, if the sh*t flys it could stick anywhere.

[Catlover64]

You'd best have on a ****proof suit then Pete! .

 

Personally - thought this might be a red herring, but now the story's appeared on the Beeb, am not so sure...It would be just like the OFT to give it large, then bottle out. I definitely smell a stitch up in the offing...

[Castlebest]

Whatever they do will now be under the microscope of every financial editor of every media outlet in the country (not to mention the out and out scandal monger journalists) and if they smell a rat they will go digging for it, scandal sells newspapers and makes people watch the TV and thats what they are in business to do .

 

The heat is on and I hope all these agreements that have been made are watertight because theres a tidal wave coming .

 

pete

[johnnymitch]

I had the same feeling yesterday ,Pete, as if something is going to bust loose shortly. :o

 

Let's hope it's in our favour, not a behind closed doors sell-out by OFT,FOS,FSA & Uncle Tom Cobley and all!

[Castlebest]

Johnny no matter what they do they will now have to say why... gone are the days of a few drinks at the club and lets sign an agreement the press are watching.

 

pete

[johnnymitch]

You're right, of course Pete, I'm just an old cynic!

[Catlover64]

Just a teeny thought. My prelim hearing's on 17/10. Not too sure what I should bring to the hearing but DG have indicated they'll go for a stay. Wonder if I should print off these stories, bring them to the court, and respectfully 'invite' HSBC to settle?

 

Don't want it to drag on, but am moving abroad next year. Think I'll throw that in the mix too!

 

What do you guys think?

[Castlebest]

Anything you can do to put them in a corner has to be good, not sure how the emigration would do that but if you can think of an angle use it

 

pete

[caro]

If you have a date for emigrating then it is worth bringing this to the courts attention that you wouldn't be readily available to attend court after that date. Nothing to lose by trying.

[loz1973]

Hi can you tell me what FOS means and a link if poss???

Thanks Loz

[jowalshy]

Financial Onbudsman Service:-

 

Financial Ombudsman Service

 

(By the way the blue underlined one is the link to their websit)

[Catlover64]

Hi guys

 

Thanks for the replies. Haven't heard anything more, but then I've been in Portugal for the past couple of weeks sunning myself .

 

Does anyone know how FL is? Seems he's not too well again.....

 

Meanwhile - my case is due to be heard all being well 17/10. I'm not going to call the court beforehand just in case they have the bright idea of staying the case if I do. I'll just turn up and see...

[johnnymitch]

The court will probably try to stay it anyway, - have your 'arguments against' ready to trot out at the time, if you get a chance to get a word in - some judges are just 'staying blind'. Then you have to apply to have it lifted.

 

Your best lever may be the emigration card, but I think the courts are stuck in this 'stays' mindset, unless you can plead genuine hardship......

 

If all else fails try for a direction that the bank should not apply any more charges until the test case is decided. (although I only know of one judge that has done it, if you don't ask they won't think of it!)

 

Haven't heard how Freaky is, he's only been off-line a couple of days.......

[Catlover64]

Hey Johnny! How are you? Thanks for the reply.

 

I think I can prove hardship as well as the emigration card, so will use these and hope for the best. At least I won't have to ask that no more charges are applied to the account as HSBC have already closed it!

 

What other arguments/papers should I bring to the hearing? Anyone able to advise or help?

 

TIA

[sharongina]

Hi Cat

Just to make you feel better they settled mine about 2 weeks before the prem date, I sent a letter to D&G stating if they didn"t settle straight away it would have to go to court as I was on holiday for the 2 weeks before the prem date, I don't know if it helped but they did settle. I also sent them a copy of a special directions letter which I sent to the court and asked which person to address my court bundle to (which I hadn't done)

I think at this stage if your on top of your nudge letters a little more pushing wouldn't hurt

 

Good luck

 

Sharon

[johnnymitch]

Hi Sharongina - you were lucky , like me - that was long before the OFT Test Case reared it's head. Banks no longer have to pay up because cases don' t get dealt with by courts who are staying cases until the result of the Test case.

About the only way you can get a stay lifted and a case heard is if you can prove genuine hardship.

Nudge letters are no longer an option, because banks don't have to deal with your claim any more...........

[Castlebest]

Hiya Cat, I would get all of your papers together in a file of some sort and file it/index it so you can find things easily and take it all with you so if anything gets asked about your claim you can counter it without having to say its here somewhere lol.

 

read up on stays, if you hear nothing fron the court (ignore DG) still have the application to have the stay lifted and all of your reasons with you, Have a look a Zoot's skeleton argument template..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115276-skeleton-argument-stay-hearing.html

 

I think if you at least read it it will focus what you need to say to counter DG's stay application.

 

and if you want to see DG's stay application it's here post#26

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/115078-hearing-remove-stay-monday.html

 

good luck

 

pete