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Garsan v HSBC


garsan
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I have now received a transfer to a local court. Coupled with the HSBC defence. Their defence claims that the account is governed by the defendants personal banking terms and conditions. That the defendant is entitled to make a charge for its services as set out in the price list. The defendant denies that the charges applied to the Claimants account amount to penalties. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions etc etc

 

Is this a standard defence reply.

 

Also with the notice of transfer I received the following. The allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

All I am interested in is this standard. I take it that I just wait until I hear from the Local court.

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hi garsan,

 

it's pretty standard at the moment due to the courts being overwhelmed with these cases, many of them are no longer sending out AQ's... so it's worthwhile reading this thread:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=oyster

 

also, now is the perfect time to send your 1st nudge letter... something like this:

 

Account: xxxxxxxx

Sort Code: xx-xx-xx

Claim Number: xxxxxxxx in Northhampton County Court transferred to xxxxxx County Court.

Dear xxxxxx

Please find enclosed a full itemised breakdown of charges totalling £xxxx. This includes interest under s.69 County Courts Act 1984 and Court Fee.

It has come to my attention that as of xx/xx/xx (date of your notice of transfer), an Allocation Questionaire in this case will not be required.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

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