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Leeds Mercantile Court Hearing 28th June 2007


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Mine was struck out by the bank ... it was a bit complicated as a now defunct ltd company account - the judge apologised but the bank were awarded costs - not the 1400 they wanted but 240 ! The judge asked me what I thought of their costs claim - I replied it was extortionate just like their bank charges and he laughed ! Anyway not a happt chappy and not sure I have the va va va voom to start it all again with various additions - after all could get stuffed again !!

 

GLAD TO HEAR IT IS LOOKING GOOD FOR MOST - GOOD LUCK EVERYONE !!

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Pollypoppy,

 

Really sorry to hear what happened to you.

 

Have a good think about starting a claim again. There is lots of info on this site and help available providing you are confident that there is a way forward for a valid claim in your particular situation.

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Apart from paying a solicitor to check it all through (bearing in mind it has cost me 360 so far and I am only claiming £1480 including interest) I can't see a way through right now ...

The confusion is I was director (9/01 to 11/03) of 'my' LTD company, charges were incurred july 02 to nov 03.I became ill and my mum became director(11/03 to 12/04) charges incurred nov 03 to aug 05 Account then closed aug 05 when all banking requirement ceased. LTD company sold was bought along with business and new directors appointed (20/12/04 to date) company still trading. The account in question WAS NEVER used by the new directors, they were never signatories, never signed anything with HSBC ! I opened the HSBC account as director and was the sole signature until illness forced mum to take over.

The bank seem to be saying that the account is the ltd companies - though when I requested copy statements in January they sent me, at my home address the whole lot without question !

Anyone any ideas ?

And I am sorry I think this reply may need to be moved as it is hogging a cheerful thread ! :o

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did your claim cover the time when your mum was director the only thing i can think of is that if it was in her name for a time she may have to claim for that part on her own basis or claim it with you if you have claimed it all under your name they might say your not entitled to claim for the period of 11/03 to 12/04 do you see what im getting at lol i confuse myself sometimes lol

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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At Least the judge went through your options with you, he was good about it all was'nt he. Is it an option to claim jointly if the acc was joint? It seems complicated and like you say...is it going to be worth your while?

Jenny

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Pollypoppy,

 

I think I can see where the bank’s solicitor is coming from. Presumably the account was not in your own personal name, but was in the name of the Ltd Company with you as a nominated signatory as a director? In which case, when you sold the limited company everything belonging to that limited company (debts and assets) will have transferred to the new owners ‘lock, stock and barrel’, regardless of whether they actually used the account after purchase. Therefore I assume the bank is saying that you do not own that account any longer, ie that ownership transferred to the new company owner and you are not entitled to claim. I assume that you put your own name, not the Ltd Company name, as the ‘claimant’ on the Court claim form?

 

I'm certainly not an expert on this, only a layman. If I were you, I do not think I would take the matter any further without first obtaining expert legal advice, unless the judge yesterday gave you full confidence on the future way forward.

 

Sorry we did not understand from your post no. 128 last Monday that there was the complication of the Ltd company involvement. If we had, we could have perhaps saved you a Court appearance and the costs. From what you said in that post it appeared to be just an individual personal claim.

Jenny (Barton), I'm sure the reply and advice you gave to Pollypoppy (post 129) by saying that it was just DG solicitors adopting scare tactics would have been somewhat different. With hindsight DG appear to have been doing Pollypoppy a favour in giving the opportunity to withdraw the claim before the hearing. (Perhaps there is a lesson to be learned by all those giving advice, that is, don't jump in and assume what you think is the obvious, but first do some probing to establish the full facts).

 

Crispdust,

 

In your post above, I am not sure that Pollypoppy has to date used a solicitor. I assume the £360 referred to is the Court fee (£120) for claim submission and the £240 defendant's costs from yesterday's hearing. Please correct me if I am wrong Pollypoppy.

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Pollypoppy,

 

I think I can see where the bank’s solicitor is coming from. Presumably the account was not in your own personal name, but was in the name of the Ltd Company with you as a nominated signatory as a director? In which case, when you sold the limited company everything belonging to that limited company (debts and assets) will have transferred to the new owners ‘lock, stock and barrel’, regardless of whether they actually used the account after purchase. Therefore I assume the bank is saying that you do not own that account any longer, ie that ownership transferred to the new company owner and you are not entitled to claim. I assume that you put your own name, not the Ltd Company name, as the ‘claimant’ on the Court claim form?

 

I'm certainly not an expert on this, only a layman. If I were you, I do not think I would take the matter any further without first obtaining expert legal advice, unless the judge yesterday gave you full confidence on the future way forward.

 

Sorry we did not understand from your post no. 128 last Monday that there was the complication of the Ltd company involvement. If we had, we could have perhaps saved you a Court appearance and the costs. From what you said in that post it appeared to be just an individual personal claim.

Jenny (Barton), I'm sure the reply and advice you gave to Pollypoppy (post 129) by saying that it was just DG solicitors adopting scare tactics would have been somewhat different. With hindsight DG appear to have been doing Pollypoppy a favour in giving the opportunity to withdraw the claim before the hearing. (Perhaps there is a lesson to be learned by all those giving advice, that is, don't jump in and assume what you think is the obvious, but first do some probing to establish the full facts).

 

Crispdust,

 

In your post above, I am not sure that Pollypoppy has to date used a solicitor. I assume the £360 referred to is the Court fee (£120) for claim submission and the £240 defendant's costs from yesterday's hearing. Please correct me if I am wrong Pollypoppy.

All we can do Calculator is try and help others, we are not legal advisors but we try to help each person where we can. I will continue trying to help where i can. All i can do is state my opinion, which may be different to others and may be wrong, but thats what the mods and site helpers are for, to correct us if they feel its needed. With pollypoppys case, i agree that given the new info, i probably wouldnt have responded at all, after all i am just a layman:wink:

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Excellent, the lawyer at the bottom gave me and the other A&L some great advise..Dont think i should publicly post it..but it was much appreciated,

Jenny

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come on jenny share the info!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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To all above !

I completely understand that advice given on here is just friendly and it is impossible to comment accurately without being in full possesion of all the paper work. :cool:

At the end of the day it is down to me and I should have some how made sure I was in the right - please don't let anyone be put off putting their two penneth in - if everyone was worried about saying the wrong thing there would be no support on here ! :rolleyes:

Thankyou to all who gave advice and encouragement - on here and at the court ! ;)

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Although it didnt go your way on Thursday, well done for getting so far and standing up for yourself. We were all worried about you thursday after you'd gone home. I totally agree no-one should be worried about what thay say(within reason :p ) I am sorry if what i said could have misled you but we saw how those solicitors were acting, and i stand by my comments. Again well done and if you need any help, you know where we are.

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Polly Poppy, sorry that you weren't successful on Thursday. I know we were all nervous in the court. I was sat behind you at first, next to the infamous Jenny Barton (my new best friend!!!!;) ).

I was also against HSBC, along with Gemma who was sat next but one to you.

Lovely to hear from people who were there, it was also great how we all stuck together - a real sense of cameradery. Shame that some of us didn't get our cases settled.

I have a 28 day stay as the solicitor representing HSBC didn't even have any info on my case (very poor). He gave Gemma and I a name and telephone no to ring at the solicitors, so I'll be totting everything up this weekend before I ring on Monday. It would have been so much cheaper for them to have settled on Thursday! :D

Will keep you updated of my progress.

Take care and good luck to everybody yet to settle.

Angie

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Hi Angie, nice to hear from you. I agree, the support we all gave each other on thursday was brilliant. I hope we are all successfull soon.

Keep in touch, Jenny xxx

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Anybody who attended the 28th June hearing, while it is still fresh in your minds can you please give an update as to the documents you actually used at hearing and whether you feel any other documents should be taken. Please post your reply on the new thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/101915-leeds-mercantile-hearing-29-a.html

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Nice one Lee.:D

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I received a letter from HSBC solicitors yesterday offering me £756. My claim is for £735. A week earlier, then I would have seriously considered it, but following a full day in court last Thursday, as well as the £80 I had to pay to take them to court and petrol and personal time costs, I am not happy with the offer. I have therefore sent a rejection letter.:-x

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Well done Angie, remember we can claim costs @ 9.25 per hour too. You go girl!!!! I'm still no closer...I've not heard a thing..still no news is good news.

 

Jennyxx

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Thanks Jenny. I am charging them 8 hours for the court date and 20 hours admin time all at £9.25. My claim is now for over £1k ;) .

You're bound to hear something soon (fingers crossed) - A&L surely won't want to be one of the test cases.

Take care & lovely to hear from you

Angie xx

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