I'm very worried now- Birmingham County court- AQ draft order ignored!!

[Castlebest]

Will you need no luck, follow what Lattie has told you and you will get your money back.

 

pete

[lateralus]

and have you seen cc v hsbc -

chris was burning the midnight oil last weekend getting the court bundle done - and yesterday - the offer. have a look at some of his q and a's on his thread - there's s ome good info there - but nearly everything you need is on here now - just get organised and start copying -

 

you need to come out with 3 copies - one for judge, one for dg and one you keep. so, get a new ink cartridge at the ready and a couple packs of paper. just get copying! if chris is still sober at this point - you could always pm him for some moral support!

[will_cosworth]

Ok, just a thought before I fire the printer up, is it worth asking the judge to extend my girlfriends court bundle timescale to match D&G's defence deadline? As they have been shown time and time again to offer just before thier defence is in and it seems like such a waste to do 800 sheets only to be offered two days later?

[will_cosworth]

anyone?

[Celicaman]

Will,

Judging by the time line to get your Bundle in and its the 25th now, i dont think you have time to write to the court, if you want to try it, give them a ring, but as Lattie said, you need to get it in by the 30th.

 

CM

[will_cosworth]

just wondering if it's worth the call?

[Celicaman]

The staff at the courts are usually very helpfull, im sure they will advise accordingly, make the call, no harm in asking

 

CM

[will_cosworth]

just rang, as its a judges instructions you have to put an appeal in and pay a £35 fee........ oh well, here we go with the pack-up!!

[jowalshy]

Good luck Will. Make sure you have enough paper and ink.

[will_cosworth]

right, A+B are done, thats the schedule of charges and statements done!!! now for the hard bit!

[will_cosworth]

Ok

[will_cosworth]

Ok looking at doing section C now, looking at post #55 in New strategy for Allocation Questionaires , which one should I use, as I have no details as to why HSBC are defending the claim?

[jowalshy]

Keep going, you're doing well. (Sods law they will offer you the full amount at the last minute.)

[lateralus]

i've put that on the link now - or it should be - it's the service charges defence. so it's the first letter in that link - just fill in the bits and pieces and c opy it off.

[will_cosworth]

What link latty? Not sure which one you are talking about...

 

 

Ok, I think I m 80% there, just need to do the T+C's, and finalise the section C. Also, do I need to include these??

 

 

Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day

BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission

Australian Default charges report, Nicole Rich - http://www.clcv.net.au/downloads/Med...20Report .pdf

Transcript of telephone communication with Lloyds TSB 'personal banking' department.

Data Protection Act Subject Access Request for evidence of manual intervention

Transcript of radio interview with Peter McNamara, former head of personal banking, Lloyds TSB.

 

I don't think my girlfriend has any automated letters, but I can't see this being a problem? Do I need to actually print off the transcrips of the documents mentioned??

 

Also, do I need to include all the court instruction notices, notice of transfer and AQ paperwork? Many thanks for all the help, the beers will be on me big time !!!

[lateralus]

the link in this list i gave you earlier:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionairesnote here: hsbc uses the service charge defence - so use this the first one on post 55

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

 

so the witness statement is the first letter in post 55 of the new strategy link - just need to make it to your case.

 

 

and on the court bundle link - there is a list of it near the beginning - how it should all be laid out.

 

they use some big word which means that when it's all finished you need page numbers on it and a list at the front referring to the pages - it's all there.

 

 

 

 

yes, i'd put in copies of all your letters, their letters, (nothing marked without prejudice), notice of issue, acknowledgment, defence, everything, right from your first letter to them to the most recent.

 

and if you've a second to spare - one mor nudge to dg - telling them you are best pleased having to get your court bundle together - and consider it a waste of yours and the courts time and you are certain a judge will see it the same way. and wouldn't they like to get in touch? if you don't get around to this - don't worry.

i can't see why your judge asked for yours first - makes so much more sense to ask for theirs when we all know they won't divulge it. but c'est la vie!

 

nearly there - keep at it and get the court their copy on time.

[lateralus]

and here is another really useful list of stuff to include - GOT A COURT DATE? A guide to the later stages

[will_cosworth]

ok, All nearly sorted apart from this bit.....

 

7. The Claimant further submits that the Defendant’s contention that the charges are now a legitimate service charge represents a contradiction to materials published by the bank previously. Here, add in details of any correspondence in which the bank referred to the charges as ‘penalties’, ‘defaults’ or ‘exist to cover costs’, etc. For example -In correspondence with Lloyds TSB’s ‘Customer Service Recovery’ department in July 2006, Martin Orton, who is manager of the department, stated this in a letter: “As you are aware, I am afraid that it is the case that any items that are returned incur a fee in order that we can recoup our costs”. This was in response to a direct and plain request to justify Lloyds TSB’s charges. Throughout the letter, no mention was ever made of the charges as being the cost of any sort of ‘service’.(If anyone wants a copy of this letter, drop me a PM with your address and I'll post it to you.)

 

 

Now, the ONLY instance I have of this for my girfriends case is the letter that colin langdale sent with a lower offer on, but it is marked without prejudice, Is this insubmittable as evidence due to this?? What do I put in If I cannot use this, just leave section 7 out?

[jowalshy]

Without Prejudice

 

A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

 

this is a definition I pulled off the internet for you. I'm not to sure as to whether you can use the letter unless HSBC agree to it or not. maybe there is someone out there that can hep you.

[lateralus]

you must not use anything marked w/p in your court bundle.

[will_cosworth]

Thats what I thought, do I just leave section 7 out then?

[lateralus]

if the only things are marked w/p you'll have to

[will_cosworth]

Ok, all done except T+C's, do I need to include the whole lot or just the relevant sections?? Where is the best place to find them from circa 95-2000?

[lateralus]

same as the two guys last weekend - they went with this one - it's a pdf on this thread; STODAD vs HSBC - deadline 24th May

or have a look at these:HELP PLEASE - Terms and Conditions

 

it's still early days in getting a data bank up and running for t & c's

so, make do with those. it will be ok.

[will_cosworth]

I have found my original T&C booklet, and I have copied the relevant section about borrowing. Thanks for your help Latty it really means a lot!!

 

I THINK I am nearly there....... only taken 2 days so far!!!

I have got:

SECT A

1) letters from my mrs to the bank- Inital SDAR letter, 1st letter asking for it back, 2nd letter (LBA)

2) Banks reply to the SDAR letter, Letter replying to 1st letter. The letter answering the LBA is an offer and marked W/Prej so Is insubmittable

3) MCOL Notice of issue-Northapton CC

4) Notice of ackowledgement+ defence saying they intend to defend all thier claim, + letter from my mrs to the CC manager with her schedule of charges to that day,

5) Notice of Transfer to B'ham CC

6)D+G asking for schedule of charges letter+ saying they act for HSBC

7) Nudge letter to D+G

 

SECT B

1) Schedule of charges+ correct as of yesterday

2) copies of all statements where ilegal charges were made.

 

Sect C

1) The witness statement provided by post #55 of the link to new AQ strategy, with items 7+8 removed as I have no evidence to support them

 

Sect D

1) the court bundle pack up as linked

2) Copies of 1997 HSBC/ Midland bank T&C's relevant sections, with coversheet saying that the whole document is avaliable for the courts inspection, and Also mentioning that I have a letter from HSBC that is marked without Prejudice, so is insubmittable unless the court sees fit, but it contains the words by HSBC " A FEE IS PAYABLE FOR THIS SERVICE".

3) BBC news the money programme bank commision summary.

 

 

Anything else at all anyone can think of apart from indexing it and page numbers???!!!!