Russjo vs HSBC

[pinkduchess]

johnny - ever the diplomat

[Russjo]

Hijack away.

 

Back to a spot of business

 

I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

The defence is as follows:

 

1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied.

For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services"

[johnnymitch]

Hi Jo,

Best to just check with the local court as to whether there is still an AQ fee. Some courts are still charging for it although they've dispensed with the AQ. (That's if your claim is over £1500 of course)

 

Hope I'm not preaching to the converted here, Jo - I think you've been down this road (at least) a couple of times already.

 

PS - this would seem to be the standard defence blurb from DG et al.

[Russjo]

Hiya Johnny,

Nope you're not preaching at all, this is my first time in the legal process, the others settled before getting that far, so I'm going to need you guys to run things past you. The claim is for £243 including interest so I think I can safely say that I don't need to pay the AQ fee. Suppose I just wait for further directions from the court now, or is there something else I should be doing??

[freakyleaky]

unfortunately you just have to wait for directions from the court of transfer now Jo. You can keep sending the nudge letters though. Have you sent your schedule of charges to dg and the court?

[Russjo]

Hiya Freaky,

Yup done that straight after I filed the claim. Who do I send the nudge letters to, DG, HSBC or HFC???

Jo

xx

[freakyleaky]

I thought you would have! Just trying to find you stuff to do so you don't get bored with the waiting! LOL

Send the nudges to DG!

[Russjo]

Believe me, I've got loads to do . I'm going to file a claim for my son's and my account against A&L and my dad's against Barclays, just to make sure we don't lose out. I've also got another claim on the back burner against HFC and two credit card claims for my son, that's without PPI and just living . If you can find anything else, I'd be really grateful as I don't appear to have accumulated enough grey hairs over the last week to plead a case for hardship LOL. Truthfully, thanks for your help, like I said, I'm gonna need it and if you can point me in the direction of a nudge letter I'd be grateful for that too, if not, that will be reading for tomorrow night

[freakyleaky]

You sound like you have enough on your plate so I will post the link for the nudges in just 1 minute!

[freakyleaky]

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

 

First posts in these 2 threads for the nudges!

 

You must be getting addicted to this reclaiming lark! Good luck with them all!

[pinkduchess]

god knows how you lots cope with multi-claiming. just doing one is cracking me up (& not in the laughing way)

[freakyleaky]

Totaly agree with you pd! I am still recovering from mine!

[pinkduchess]

yes - are you still convalescing?? lol

[freakyleaky]

Yes I am and paranoia is one of the lasting side effects! LOL

[pinkduchess]

thats sorted now

[johnnymitch]

The waiting game begins again Jo!

 

I know you're a busy lady , but if you have time, have a read of this thread (#1) which Latty pointed me towards. Apart from being a good laugh, it may also relieve the fear of actually having to appear in court.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108302-found-new-posts-very-new-post.html

[Russjo]

Hi Guys

Just back from holiday in Bulgaria and catching up with my washing. Now all I need to do is catch up with what's what on here. Thanks for the links and the nudge letters. Hope to be back on track asap

[johnnymitch]

Wecome back, Jo, hope you had a great time!

 

As you've probably gathered, the whole scenario has changed. Court stays are flying around like confetti and it depends on your court as to whether you can have it removed.

 

I don't know if you've had anything from the court, but rather than bog you down with info have a read of some of the stickys above and you'll get the gist of it. Also have a look at these (courtesy of Latty):

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

http://www.consumeractiongroup.co.uk/forum/general/111117-stays-info-guidance.html

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

However, bear in mind that you can't ask for a stay to be lifted before you are notified that one is in force.

 

I think I'll leave you to it, Jo -that's enough to be going on with ......

Nice to have you back on the forum

[freakyleaky]

Welcome back Jo. As johnny says you have a bit of catching up to do but the links above will give you the jist of it.

Hope you had a good holiday!

[Russjo]

Hi Guys,

Holiday was great and I'm still chilled out. I'm finding it really difficult to get motivated again. I've just today had my HFC (HSBC) case stayed at Bow County Court. Can't make up my mind what to do with my A&L claims. I just want to make sure that I don't lose out on the statute of limitations. Nothing's straight forward and I could really do with "straight forward" at the moment

[freakyleaky]

My thinking is if something is straight forward and easy to do then it's not worth doing! Any claim you have, get it in now! once it is stayed it is then in the system ready to be dealt with once the oft case is sorted!

 

It's not a problem it's a challenge! If everyone can do it then your not special! Anyone can be complacent but not many can stand up and fight for their rights!

 

Please don't respond to this post with clichés! LOL:D

 

Seriously, glad to see your fighting on Jo!

[johnnymitch]

 

Go get 'em again, Tiger!!

[Russjo]

Hi Guys,

I think I've come to the conclusion that as I just cannot get to the court myself to file my claims, I will just use MCOL and get them into the system. The earliest day off I've got during the week is October and I really don't want to wait that long.

 

I know what you're saying about straight forward, but I'm only managing to pop on here every now and again at the moment, however, generally, I am a Tiger who loves a challenge (just not so many all at the same time )

 

And Freaky, LOOK AT YOU SITE HELPER!! Congratulations well done.

 

I'll let you know how I get on

xx

[Castlebest]

Jo you can submit an N1 by post amd MCOL realy isnt suited to the new POC's

 

pete

[Russjo]

Hi Pete,

Funny enough, I read that somewhere this evening, so that has made me feel a whole heap better. I'm in the midst of sorting it out and it will be in the post within the next few days.....PHEW! Thanks matey

Jo