Leeds Mercantile Court Hearing 28th June 2007

[lousecutiepie]

so i was right to refuse the first offer? has anyone else refused their first offer? dont really want to go to Court but £1,000.00 loss is a lot

[Calculator]

Lousecutie,

 

Definitely right to refuse the offer! The fact the the bank has made such an offer shows they are 'scared'. On these CAG forums, if you had time to read them all, you would see that hundreds of claimants have refused the first and subsequent offers until they eventually receive full settlement. It seems to be the norm.

[pollypoppy]

Help - I'm new ! Thank goodness I found this site - I was truly panicking !!

I am number 206 !

 

I have followed all the procedures and advice on penalty charges forum so far .. but it seems there is more experience of Leeds Mercantile on here !

 

I got an email today from DG acting for HSBC and it is not good ....

 

We refer to the above numbered claim and in particular to your email of

20th June 2007 sent direct to our client. We have attempted to contact you

at the telephone number you have provided (*******) but have only

reached your voicemail on which a message has been left. That is a lie !!!

 

We have reviewed the claim documentation together with records held by our

client. Our client asserts that you are not it’s customer and do not have

the necessary legal standing to bring this claim. What records if I am not a client ? Therefore unless you

agree to withdraw this claim, we are instructed to apply for an Order that

it be struck out and to seek the costs of the application from you.

 

We appreciate that before giving your consent you may wish to obtain

independent legal guidance on your position. Accordingly, please accept

this letter as notice that in the absence of hearing from you prior to the

hearing with your consent, or confirmation that you have withdrawn your

claim, we are instructed to submit the application to the Court

So I have replied :

 

I am dumfounded at the content of your email.

No I certainly will not withdraw this claim.

My mobile number is as you state *******, there has never been any

message left on my voice mail, I have once been contacted by First Direct regarding this claim which concerned me greatly hence my email to HSBC

Customer Servives. You have left no messages on my phone.

I have one letter from DG solicitors dated 15th March 2007, Your Ref :

******, I replied to this with the information requested.

Quote : "We have reviewed the claim documentation together with records held by our client. Our client asserts that you are not it’s customer and do not havethe necessary legal standing to bring this claim." UnQuote

This statement is unbelievable ! I wrote to HSBC requesting copy statements for my closed account '********' **-**-** ******* these were duly sent to me and I now have them in my possession ! Are you telling me that in this first instance HSBC manefactured made up statements, on their headed paper with the above account details just to humour me ? I THINK NOT ! I have statements 1 to 88 covering the period between 14th November 2001 and the date the account was closed - 22nd August 2005.

I do not give my consent and hardly feel I need independent legal advice as I have the statements in my possession, recieved from HSBC on my request and showing the charges I believe to be unlawful. The full amount of which i have again checked this evening for accuracy.

I will be taking a copy of your email to the court on Thursday and presume that HSBC denying any knowledge that I was indeed a customer when these charges were clearly incurred will be a matter considered to be

unproffessional by the judge.

Yours,

(Ex HSBC Customer)

Any help, support, replies vastly appreciated !!!!!

 

 

[j.barton1]

Hi PollyPoppy,

 

Welcome to the thread. This is a scare tactic by the bank in its final attempt to stop you. You are doing the right thing. If you want to start your own thread then we can help you more. Well done for asserting your rights.

Jenny

[Calculator]

Pollypoppy,

 

The letter from DG sounds most odd.

You say that you have checked the accuracy of the amount of the claim.

Have you double checked such things as the account no. that you put on the claim form that you issued? Are they trying to trip you up there?

Presumably you named the defendant as HSBC Bank plc on the claim form, not First Direct? I'm not sure this would have made any difference in any case.

[donbracho]

hey up all thanks everyone, i see what you mean about it being in the mercantile court having read that witness statement for the

small track have decided to bring this statement of evidence instead :

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

post 2

I know its probably not necesary but seems to cover all the main points required ?

so far have got

 

all correspondence to LLoyds TSb= DPA request,

their response,

Prelim and LBA their response,

notice of issue from court,

notice of transfer from court to mercantile,

Letter to [problem] saying lets settle stop wasting courts time,

bank statements,

CMI sheet and schedule of charges,

relevant case law,

statement of evidence,

draft order for directions,

TERMS AND CONDITIONS OF ACCOUNT,

list of settled cases,

 

I am missing the acknowledgemnt of service and their defemce as when i rang court they said had lost his but shouldnt be necessary at this hearing ?

[Leebcoward]

Hey guys...BBC radio Leeds have asked me to do an interview on Thurs AM regarding the hearing. They pick me up at 7.30 and are whisking me off to the station for 8am. Im proper nervous about the whole thing now...lol..oh well! I will be in the company of the BBC business correspondant when we go to air!..wish me luck. Hope I dont make a plum of myself!

[realkatie]

Hi everyone, on a similar note to the last post...would anyone be up for doing a quick interview with Real Radio at some point today or tomorrow?

 

If you are give me a ring on 0113 307 1456 or email [email protected]

 

 

Thanks!

 

(and good luck!)

 

Katie

[Leebcoward]

Give her a call shes really nice. Dont be shy!

[mothership99]

Can someone clarify the position as far as the term 'Without Prejudice' goes please. I thought it meant that something 'Without Prejudice' is not admissible in court as evidence. Yet when I filed my claim against First Direct the court staff told me I could include it in the bundle if I wanted. Go figure? Furthermore, all of FD's letters to me and my responses have this term written on the top. I thought I was being clever copying them.

 

If I can't show them in court then how can I show evidence of past communication between us?

 

Also...by the way.... I'm crapping myself about Thursday - I booked 1/2 a day off work in accordance with the 1/2 day allocated by the court. How in hell can they get through 200+ cases in 1/2 day when they don't start till 10.30?

[CrispDust]

tempted to go on Thursday just to see who actually shows up from banks...

[j.barton1]

Can someone clarify the position as far as the term 'Without Prejudice' goes please. I thought it meant that something 'Without Prejudice' is not admissible in court as evidence. Yet when I filed my claim against First Direct the court staff told me I could include it in the bundle if I wanted. Go figure? Furthermore, all of FD's letters to me and my responses have this term written on the top. I thought I was being clever copying them.

 

If I can't show them in court then how can I show evidence of past communication between us?

 

Also...by the way.... I'm crapping myself about Thursday - I booked 1/2 a day off work in accordance with the 1/2 day allocated by the court. How in hell can they get through 200+ cases in 1/2 day when they don't start till 10.30?

I am not sure about this, i think you can use extracts of the letters but not the whole? Could someone clarify this for mothership??

weve still got a full day for the banks to settle, and theres always the court steps LOL

Jenny

[j.barton1]

tempted to go on Thursday just to see who actually shows up from banks...

I'll let you know crisp, looks like i'll go all the way this time.....haha

Jenny

[Leebcoward]

Quick one guys...YB have settled my claim in full inc interest at the last min (as predicted by you guys) the letter says the usual guff but 1 part says

 

by accepting the payment I agree that this sum shall be full and final settlement of this case, and of all claims, rights, actions and causes of action (including claims for interest and costs) that you may have against the bank arising out of or in connection with any issues pleaded in the case.

 

Does this mean by accepting that I lose the right to claim pre 6 years and the right to a wasted costs order against them (they did leave it until the last min)?

 

Help... have to inform court today!!

[Calculator]

Mothership,

 

I doubt if you will need to show the documents st the Court hearing. It probably won't go taht deep. Just take what you have got and see how it goes. It's too late to do anything else now.

 

The hearing will definitely run into the afternoon, unless your case is one of the early ones in the programme and gets looked at in the morning.

 

Leebcoward,

 

I thought the wasted costs order only applies if you actually get dragged along to the hearing, i.e. when it's wasted your time in going to the hearing.

You should be able to claim item 35 costs (CMI sheet) as part of your settlement negotiation with the bank prior to the hearing without a wasted costs order.

Can't answer your other question about what the bank want you to sign up for.

[lousecutiepie]

YB rang me and said that if i didnt accept whatthey offered they would withdraw their offer and they sent me a breakdown and its for the amount they said? advice needed

[beverleyt]

I have received a settlement letter "without prejudice" from Paul Quinn saying that " by accepting this offer you also agree that the existence and the terms of this offer remain confidential between us" What does this mean? I faxed it back to him signed to say I accept but as yet have not received the money. Do I still go to court tomorrow?

 

It was only yesterday that I got the letter so the money isnt going to go in my bank immediately is it?

[mothership99]

I'll be there about 10.00 tomorrow, shuffling from foot to foot nervously, wishing I still smoked. Hope they have a nice big waiting area. I presume we don't all go in together. Should we all have prepared a Wasted Costs order to take? I'm still a bit confused regarding this - are costs claimed as Lit in person the same as one would claim in a Wasted Costs Order or different?

 

FD still haven't contacted me but it is a closed account and I've moved house so their file details for me have changed. Their solicitors, DG, know where I live and my mobile number would be the same as FD have logged for me. I wait with baited breath.

[Calculator]

Lousecutie,

 

Can you give us more details of what you have been offered, ie does it cover the charges, the 8% statutory interest, contractual interest (if you have claimed this), the court fee and your costs as item 35 of the CMI sheet?

[Calculator]

beverleyt,

 

The confidentiality bit means that you are not supposed to tell anybody about the figure nor any other terms and conditions that you have settled at.

 

You ought to phone the Court immediately to let them know that you have been offered a settlement and have accepted it, but that you have not yet got the money. See what the Court says about whether you need to attend tomorrow. If you have a fax available, ask the Court for their fax number and confirm with the Court your phone conversation with the Court of this p.m.

 

You should not give the Court final confirmation that the case can be closed until you have the money: if this is by cheque, then when the cheque clears.

[beverleyt]

Thank you. As I'm at work does anyone have the number I should ring them on? I dont have my case number on me so would my name be enough for them? This is really stressing me out!

[Calculator]

Mothership,

 

I think you will all go in together - see matreb's post on the previous page.

 

With regards to the wasted costs order see http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/85750-haved-youhad-your-time.html

Your CMI sheet item 35 gave your 'claimant in person (also known as 'litigant in person') costs up to and including submission of the CMI sheet. (You are the litigant).

The wasted costs order is to cover you for the costs incurred in attending the hearing if the bank settles at the hearing. i.e the bank has dragged you along to the hearing when it could just as well have settled either today or before today, thereby saving you the trouble of going to the hearing.

If the bank tries to settle 'on the Court steps' before the hearing, then it is up to you to negotiate your item 35 costs and cost of attending tomorrow into the settlement. I assume that you would still need to go into the hearing to confirm to the Court that you have agreed a settlement with the bank, but the money not yet recieved, or if the solicitor were to give you a cheque tomorrow, inform the Court that the cheque has not yet cleared.

[Calculator]

Beverleyt,

 

The court switchboard is 0113 3062800, ask for the Leeds District Registry, Mercantile Court.

 

Your case name rather than number should suffice.

[beverleyt]

Thanks again Calculator. I've rung them but she said she cant advise me on what to do as its entirely up to me. Argh! I'm having trouble getting it off work so I may just tell the court that I wont be attending.

[Calculator]

Beverleyt,

 

On the basis that you have a written offer from the bank which you have accepted in writing, I would probably do the same as you and not attend the hearing, but I would phone the Court and I would most definitely fax them this afternoon telling them of the offer of settlement and your acceptance and on that basis you won't be attending, so that the Court has it in writing on their records tomorrow when the judge goes thru each case. (Also put in the fax that you will confirm to the Court when you have received the settlement monies).