Noddy vs HSBC

[Noddy73]

Wife moved her account to another bank. Sent off her SAR and received her statements. Completed a schedule. Claiming £1,500 and £1000 in contractual interest.

 

Sent off the Prelim letter and got a "were looking into it". 16 days later sent off the LBA.

 

So I am about to complete N1. I have a few questions.

 

1. Can I print the N1 double sided to save the rain forest or should all documents to the court be single sided.

 

2. I am representing my wife so do I need to complete an additional form or where do I do this on the N1.

 

3. I was think of attaching all my current correspondances and some of CAG court papers (OFT, Relevant Case Law to Penalty Charges, EDM, etc). Thoughts.

 

4. I am including a copy of the current terms and conditions and charges sheet (downloaded this from there website) and schedule. Anything else I need to include?

 

 

Thanks

[beat_the_bankers]

Ok, not too sure on your first two questions, but don't attach any of that to the N1. Just your schedule of charges.

 

If/when you receive AQ use Bankfodder's Draft Order http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

The other stuff will come later - when you've actually got a court date.

 

[nettyg]

at this point there is no need to include the draft order for allocation questionnaires. just file your n1 with the court and attach a copy of your breakdown of charges - that's all.

[beat_the_bankers]

Oops :o

 

That'll teach me to try and do three things at once - was re-reading hubby's draft order, holding baby and replying to post!

 

Above amended so as not to cause confusion.

[Noddy73]

Just completing the N1.

 

1. Got stuck on Value bit as I am claiming Contractual Interest. Is this ok or does anyone have a better one

 

Charges £x

Contractual Interest £x

Court Fee £x

 

TOTAL £x

 

Plus contractual interest from date of issue to date of judgement/settlement at £x per day OR at such rate and for such periods as the court deems just.

 

2. Appendix. Have included the following. Anymore I shoud include.

 

Schedule of Claim for Charges

Personal Banking Terms and Conditions (2005)

Personal Banking Terms and Conditions (2006)

Personal Current Account Banking Services in Northern Ireland

OFT's action on credit card default charges

Calculating fair default charges in credit card contracts

Early Day motion from the House of Parliament

Financial Ombudsman Service News Issue 57

Relevant Case Law to Penalty Charges

[Noddy73]

bump bump

[lateralus]

take a look at the legendary bong's legendary thread:Bong v HSBC *Contractual Interest & 13yr claim**WON!!!** post 41 is her N1 particulars of claim.

 

for further searches:

on the blue strip line above the forum starting with user cp on the left - go to the right to the internal search and put in what you are looking for and you may strike lucky.

[Noddy73]

N1 filed and now the fun starts

[Noddy73]

Can not believe it.

 

N1 was filed late May and got a Final Hearing date of late August.

 

No AQ, no allocation hearing, no prelim / directions hearing - straight to FINAL HEARING. Standard Small Claims Directions given.

 

First nudge letter sent and researching my bundle.

 

Please expect questions soon.

[lateralus]

you would do well to check with the court that even though the aq wasn't required the fee might be - just check it out.

 

also, take a look at the final hearing section on this:

GOT A COURT DATE? A guide to the later stages

 

and there's this, i wrote it just for you! lol

court bundles for dummies

 

seriously - get back with questions.

[Noddy73]

Thanks for the reminder. Have already called the court and letter confirmation was sent yesterday.

 

I am really surprised at the speed of getting a final hearing.

 

Have already read your posts and some others and will be posing my court bundle index next week.

 

And a big thank you for all your help.

[lateralus]

i'm surprised at the speed too - which court is it?

[Noddy73]

Bromley. I think I was lucky.

 

I filed two paper N1s at the court using Bong and Josamolly N1s with CCI as a starting point. Include a court bundle as well.

 

Other one settled and HSBC filed a standard defence.

 

Am really looking forward to my day in court and thinking about submiting a Waste of Court Time Order.

 

I also asked HSBC for the old T&Cs. Got nothing and started a new compliant. Waiting for a response and off to the FOS if they do not give them to me. Thought this might help everyone else and assist others in doing the same with other banks.

[lateralus]

would like to see you court directions in full, noddy.

in regards preventing a stay....

if dg was required to do something (file an aq, file a bundle, file anything) and didn't - then perhaps you could cut them off with a letter -

take a look at the one auburngreeneyes is toying with sending - read through the last 10 or so entries.

[jowalshy]

I think it is post 331 of the thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/92696-oh-audacity-dg.html

[Noddy73]

Notice of Allocation to the Small Claims Track (Hearing)

 

DISTRICT JUDGE *** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at xx:00 on the 24 August 2007 at Bromley County Court, College Road, Bromley, Kent, BR1 3PX and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

Date: 09 July 2007

[lateralus]

ok, well that's the court bundle to the court and dg by 10 aug.

[Noddy73]

Have started to create the bundle today. Post it to the court on Fri / Mon and DG Tue / Wed.

[jowalshy]

If there is anything you need, just shout and we will be able to help.

[Noddy73]

Hello,

 

I am finalising my bundle at the moment and have included the following

Correspondance

Schedule of Charges

Bank Statements

Relevant Case Law Summary

Early Day Motion From The House of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1977

SOGSA 1982

OFT Statement Summary

BBC Commission Conclusion

Australia Default Charge Report

Peter McNamara Interview

List of Previously Settled Cases

HSBC Bank plc Terms and Conditions

 

I am writing a Statement of Evidence but wanted to know if anyone thinks the following would be useful or overkill

* Case Summary

* Disclosure by List

* Witness Statement. Is this the same as Statement of Evidence.

 

 

Thanks.

[jowalshy]

No the witness statement is different to the satement of evidence. Below is the list of docs I sent in:-

 

Witness Statement

Draft Order for Directions

Correspondence from Claimant

Correspondence from Defendant

Bank Statements

Schedule Of Charges

Statement of Evidence

Relevant Case Law Summary

Early Day Motion From The House Of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1977

SOGA 1982

Terms & Conditions 1997

Price List for 1997

Terms & Conditions 2005

OFT Statement Summary

BBC Commission Conclusion

Transcript for Peter Mcnamara BBC Radio Interview

Australian Default Charges report by Nicole Rich

[Noddy73]

Has anyone included in there bundle

 

Competition Commission’s report “Northern Irish Personal Banking”, published on 20th October 2006"

[Noddy73]

Bump

 

Should I also include in my bundle or is this overkill.

* Case Summary

* Disclosure by List

 

Anyone included CC report on NI Personal Banking.

[Noddy73]

For the court bundle. Should I include all the cases listed in the case law summary or just Dunlop.

 

Anyone.

[Noddy73]

Just finished my court bundle. 3 x 400 pages. Off to find a box to post it tomorrow.