Tracey vs HSBC

[freakyleaky]

let them spot it! Or not! No worries!

[HSBCrusher]

threads merged.

 

Crusher

[Lenlu]

Ok received something from Derby Court today

 

My claim has been allocated to the small claims track for a hearing on 2nd October 2007

 

Directions:

 

The claimant shall within 14 days of service of this order send to the defendant and to the court:

A schedule (unless already sent the the court and defendant) setting out each charge repayment of which is sought, showing the account number, date, amount and reason for the charge being made.

 

The defendant shall within 14 days thereafter file and serve a witness statement in response the the claimants schedule stating in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

b) wether such charge is accepted to be a penalty and if not why not

c) If such charge is alleged to be a pre-estimate of the defendants loss inccurred by the claimants actions 9whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all the evidence to be adduced at trial as to what the true cost of dealing with the matter was

 

Ok so this is good?? I just send my schedule to the court and to DG?

[Castlebest]

 

The claimant shall within 14 days of service of this order send to the defendant and to the court:

A schedule (unless already sent the the court and defendant) setting out each charge repayment of which is sought, showing the account number, date, amount and reason for the charge being made.

 

This is a copy of your shedule of charges showing the account number and against each item the date each charge was taken, the description HSBC used on your statement and the value of the charge. together with a statement of evidence, which is basicaly what you wrote on your particulars of claim but in more detail.

 

The defendant shall within 14 days thereafter file and serve a witness statement in response the the claimants schedule stating in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

b) wether such charge is accepted to be a penalty and if not why not

c) If such charge is alleged to be a pre-estimate of the defendants loss inccurred by the claimants actions 9whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all the evidence to be adduced at trial as to what the true cost of dealing with the matter was

 

 

yes you dont have to do a full bundle

 

pete

[Lenlu]

Well thats all good then Any links to letters I can send to DG with this and the court. DG are due another nudge letter on tuesday...shall I just send this instead with a letter?

[Lenlu]

This is a copy of your shedule of charges showing the account number and against each item the date each charge was taken, the description HSBC used on your statement and the value of the charge. together with a statement of evidence, which is basicaly what you wrote on your particulars of claim but in more detail.

oooo Statement of evidence.....any links to one or do I use exactly what my poc said?

[Castlebest]

Lattie has a few sites but you will have to wait till tomorrow cuz shes not a night owl

[Lenlu]

No problem, Ill wait for the lovely Lattie to give me some hints

 

Lattie hun I basically wondered if you have a letter I can send to DG and the court and also the statment of evidence thing, Ta

 

Pete - Im not normally a night owl either but on night shifts so its this site or my new harry potter book

[Castlebest]

Go read harry potter.... Im only half way through :o

[Lenlu]

Bumping for lattie..any help appreciated

[freakyleaky]

Link for SOE in here in the fist post court bundles for dummies

[Lenlu]

OK REad that but dont know it its needed, the judge just mentioned my statement of charges....

 

Also shall I combine my nudge letter with sending dg my charges as per directions again? anyone have any letters i can use?

[Lenlu]

HOw does this sound for my letter to DG?

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

I see that as of 18/07/07, Derby County Court have issued directions for the resolvment of this case. Please find enclosed a further copy of my statement of charges as per the court directions.

Should this case proceed to the court hearing on 2nd October 2007- I will be more than happy to show the judge my attempts at resolving this matter. I have yet to hear anything from your office. I do realise that due to the heavy volume of cases with which you are dealing I have to wait until you can get to my case but I think this has gone on way longer than is proper in dealing with cases in a timely manner.

 

I repeat my suggestion that in order to more speedily resolve this matter, I am willing to accept the sum of £920. Upon receipt of this amount, I will halt my claim against HSBC. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I look forward to hearing from you.

 

Sincerely

 

 

Also Im really not sure about the SOE, I dont see where it asks for it in the directions

[freakyleaky]

Ok the letter looks good to me. I was just assuming that the directions had asked for the soe as you asked for help on it. I should have read your thread back.

If the judge has just asked for new charges then that is all you need send together with a cover letter.

[Lenlu]

The claimant shall within 14 days of service of this order send to the defendant and to the court:

A schedule (unless already sent the the court and defendant) setting out each charge repayment of which is sought, showing the account number, date, amount and reason for the charge being made.

 

 

Thats the directions for me, it was just petes comment stating

 

This is a copy of your shedule of charges showing the account number and against each item the date each charge was taken, the description HSBC used on your statement and the value of the charge. together with a statement of evidence, which is basicaly what you wrote on your particulars of claim but in more detail.

Maybe I missed something as I trust Petes input 100%! Just dont see myself where the judge asks for it

[freakyleaky]

Must agree with you. I can't see where the judge is asking for a SOE. I also trust pete's input but I don't think an soe is needed in this instance.

I would just send detailed schedule of charges and a cover letter stating something like " please find attached a copy of my chedule of charges as requested/directed by the court in relation to claim number *****" or something like!

Lat or pete should be around later to give their take on it!

[lateralus]

i agree with sending just the schedule - it even says you don't have to send it if you already have done and i'm assuming you already have back just after you filed - but go ahead and send it to the court and dg and the letter to dg looks fine -

[Lenlu]

Nothing heard, court date still on 2nd october as far as i am aware.....not sure with this oft case thing, sent nudge 3 today...........Kinda wish I had accepted the offer now, got a horrible feeling I will end up with nothing

[freakyleaky]

Be prepaired to send the application for removal of stay if you get notification of a stay from the court!

[Lenlu]

huh? is there a post i can look at regarding this?

[freakyleaky]

Application for removal of staty heres 1 for starters!

[Lenlu]

Thanks freaky, just a little question, all my directions asked for was a copy of charges to the court and dg which was done, do i still have to take a court bundle to court with me?

[freakyleaky]

Not if they have not asked for anything else! It might be worth while to take a copy of your correspondence and a copy of the new POC's just to be on the safe side!

[Lenlu]

well, gutted, I received a letter yesterday, My case has been stayed by the court until the outcome of the high court case, which according to them will be Feb 2008.

 

It says I can apply for the stay to be lifted, is it worth it? have any been lifted after application?

 

It also mentions a fee for appling for a stay to be lifted, anyone know what this is?

 

Really disillusioned and gutted now

[freakyleaky]

It's to early to tell what is going to happen with the applications for removal of stay but you have to apply for it and ask for a hearing. The fee is either £35 or £65 but some courts are waiving the fee!

I know how you feel but you must not give up. If everyone continues to fight then the banks will not walk away with your money!