Oh The Audacity of DG

[Audreygreeneyes]

Leppy feel free to jump in, am going ot be really cheeky here and ask when did they make this offer???

 

just type up your accptance using their wording minus the confidentially cluas and BE SPECIF ABOUT THE DATE....... PUT FOR 00.00.00 TO 00.00.00 the exact dates you have claimed for so if you wish to go at them again you can.........

 

I am accpeting your offer of 12345 in settlement of this part of the claim covering blah blah blah the date....

 

wooo and here was me thinking i was bad since jan.....lol. well done I am pleased you have had an offer

[leepy9]

DG don’t answer there phone and post would be too late, i rang the court and they suggested faxing a letter, as i’m really gonna struggle to actually get to the court on friday:

 

I accept the sum of £3000, in full and final settlement of my claim against HSBC for the charges applied to my accounts xxxxxxxx and xxxxxxx in the period from xxxxxxx 2001 to xxxxxxxxx 2007. I agree not to make any other claims relating to charges for the period stipulated above

 

This matter is listed for a County Court hearing on Friday 3rd August 2007, so in order to inform the court that this matter has been settled and so the hearing may be vacated please ensure my full settlement is paid within 24 hours, so that a Notice of Discontinuance may be dispatched

 

Please contact myself on the above number to confirm this and for payment to be transferred to the bank account of my choice.

 

 

Signed ................................... Dated ............................

 

 

hope this was a bright idea as i have sent it now, oh well

[Audreygreeneyes]

thats very good. I would have thrown in court action will nto be cancelled till cleared funds are in my account..........

 

When did they make you the offer? was it in the last couple of days or early last week........... only asking to see if it was after fridays news..........

 

and yes you letter sounds fine. well done you

[Audreygreeneyes]

if oyu hasd sent it special delivery guarenteed for 1 pm latest delivery tomorrow they would have but fax is best.......... that way you also have a receipt which proves time sent and received..........

[Audreygreeneyes]

well just so as it doesnt break the habit. nothing from Dg...... but then nothing from hsbc telling me that all claims are suspended..... now is that not one of the conditions of the waiver???

[Noddy73]

The waiver is only for FOS / FSA. They applied for a blanket "stay" across all cases and did not get.

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

I am guessing they are now applying for stay on a case by case basis.

[Audreygreeneyes]

thanks for that noddy

[Audreygreeneyes]

ok words cannot be typed here to express my feelings at this exact moment...........it goes way beyond anger....

 

After months of DG ignoring all and every form of communication and missing the court deadline....A letter has just arrived.

 

We refer to the above matter. You have refered your complaint about bank charges for determination in Court.

 

We are confident that HSBC's charges are fair,transparent and lawful.

 

Since you filed your claim in Court HSBC (along with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

We will be applying to the Court for an order to stay your action until resoloution of the bank's proceedings with the OFT.

 

Given the court case our client has also asked the Financial Ombudsman Services ("FOS") not to proceed with any other cases they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Our client asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our client's website at hsbc.co.uk

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible.

 

As a general matter,we will ensure that your claim will nto be adversely affected by the stay of your court proceedings.

 

Yours Faithfully

DG

DG Solicitors.

[Audreygreeneyes]

now on this letter the telephone number is 0121 455 2695

 

the fax number is 0121 455 2771 ( which is different to the 1 I have)

 

and the person who is dealing with my clain is Jason Newbold....... what a shame he could not actually sign the letter!!!!!!

 

at the bottom it says Deborah M.D'Aubney ll.b Alan M. Burden B.Sc

this firm is the practicing name of solicitors employed by the HSBC group...........

 

I am totally and utterly gob smacked they have had the chance for months to submit to the court for this to go as a test case. did they NO..... did they stick to the court deadline NO....... and yet they have the bare faced cheek to "quote test case"

 

I have phoned the court this morning they have not had a stay request yet...... there is also no judge sitting until monday.... he sugested I phone Tuesday morning before leaving for court just incase.

 

The letter is dated 31.07.2007, yhow very odd they can send that but not serve on me the required docs by the court!!!!

 

what am I going to do now.... right now I do not have the answer.......

[nima21]

just had the same, and oh what a surprise, mr newbold is out of office till monday

[Noddy73]

Did they not file the bundle on time. Great. Inform the Judge and ask for a judgement. Fax it to the courts today.

 

Regarding the stay. Just wait and have your removal of stay ready.

[Noddy73]

Also did they break the FSA rules. For our case they did not comply with DP Act, failed to provide information and did not acknowledge some complaint letters. Therefore if the stay is granted we will be complaining to the FSA and FOS regarding there conduct. Will probably get £0 to £50 compensation, but will push the banks for info I requested and this may get them to settle as we are being a right royal pain in the a***.

 

Once my bundle is posted on Monday I will be looking at drafting an argument regarding the stay. PM me if you fancy helping.

[ALAROB]

Hi peeps. Have not needed to post as my claim has been fairly standard until now.

 

I have just rec'd the same letter from Jason Newbold (who is now on holiday.....) I rang DG and spoke to Naomi Warton (0121 455 2364)who informed me that they would be faxing a request for a stay to the court.

 

The court have not yet rec'd anything and no one will be able to look at the case before the court date of 10.00 on Tues 7th Aug.

 

I have not had any mention from the court about a bundle so have not yet completed one.

 

Anyone got any ideas as to what to do?????

[Audreygreeneyes]

They had to serve on me and the court by the 24th july. they did not........I however did serve on both the court and DG by the due date..........

 

I handed in the requst for judgement on the 25th but there is not a judge sitting till monday so the very nice court officer said ti really was up to me but it seemed a waste of the fee when it would not be being looked at till the day before....... although it is logged on the file.....

right now I cant bring myself to even bother starting the stay removal request....

[Audreygreeneyes]

Alan look at your court paperwork, the one which gives you the date of your hearing and time. is it a full hearing or a pre lim one? and some where in it shoudl say what either part has to do and what deadline there are for service on the courts and each other.........

[freakyleaky]

Really feel for you auburn! It has been so long already and you have done so much work making sure it was all right!

Please don't give up on this yet. We don't know how the judges will respond to applications for removal of stay until people start sending them. Get the application done and sent asap!

[Audreygreeneyes]

jsut another thought here, perhaps they are hoping that we will fail to appear on tuesday and therefore they win by default???

 

wont happen in my case as they failed to submit... the court gave them the chance of making this a test case adn the deadline. they let it go so they now cannot use "oft" Test case . they gave up that right........

[Audreygreeneyes]

freaky I cant do it till they apply for it................. so far they havent..... no judge at my court till monday........ case is tuesday......nothing I can do till then..

[nima21]

Really feel for you auburn! It has been so long already and you have done so much work making sure it was all right!

Please don't give up on this yet. We don't know how the judges will respond to applications for removal of stay until people start sending them. Get the application done and sent asap!

 

ive not got the energy at the mo, im just pixxed off and dejected by the whole thing, for months ive heard sweet FA from DG, and when something goes there way we actually get a letter

[ALAROB]

As far as I can see it's a full hearing, the judge has allocated only 5 mins. I think he's a bit of a clever cookie....

[Noddy73]

Mate - It is not over until the fat lady sing and I aint hearing any music or singing. This is just another road block. Think about a reasoned argument for removing it and see if you can request a hearing regarding the stay.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/86874-frogford-hsbc-8.html#post1054385

 

Do not get dejected, fight it. Channel that energy. DG want you to feel like this so you give up. DO NOT GIVE UP.

[Noddy73]

ALAROB - Create a bundle and goto the court with it. BTW create your own thread and post your directions so please can help you.

[freakyleaky]

Agreed whole heartedly! What the banks want is for people to give up and go away! DON'T DO IT!

Keep on keeping on! The more people that take action means the more likely they are to suceed!

Get those letters ready to go!

[Noddy73]

And if they get a stay and not replied to letter, given information, etc - complain to FSA and FOS. That way the waiver may get removed.

[ALAROB]

Thanks peeps, that's exactly what I'm going to do.

 

Go get 'em Auburn sorry for pushing in on your thread.

 

Al.