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HDR - v - HSBC


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Good morning all...:)

I started my claim in November 2006, called into my local branch and requested statements...after 7 further visits (each time I was told 'they're (a) on their way, (b) being dealt with...etc) finally got statements in late March 2007! :evil: (Had to sit in bank and say 'not going till you give me...)!However sent 1st letter 4/4/2007, reply by HSBC 15/4/2007 'looking into this...8 weeks etc...' I IMMEDIATELY (16/4/2007) sent second letter, (both included copy schedule of charges, £3700 total) letter included an offer to settle @ £3000.00.(Within 14 days of letter date) Even went into local branch on last day and they faxed Head Office, but no reaction by HSBC! Filed MCOL on 1/5/2007, proceedings acknowledged by HSBC sols on 3/5/2007 (note Court say 'deemed served on 6/5/2007') nothing heard as of today. 28 days from date of service expires 3/6/2007 (Sunday). Trial bundle (3 copies - including T&C from 2003) prepared and ready for service on HSBC and Court. Possible Judgement by Default...watch this space!!

 

Unbelievable the poor approach by HSBC....their staff often said 'we can't cope'...need I say more.

Best wishes to you all...apologies for long post!

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Hi and good luck. You seem to have it all sorted. Don't forget you don't have to get your court bundle in until 14 days before your court date. It will cost you a fortune so don't send the bundles until you have to. You should getan offer before then.

Start sending nudge letters to dg together with a copy of your breakdown of charges. Also send 2 copys of your schedule to your local court and ask them to be included with your claim.

Dg will put in a defence at the last minute and even if they miss the deadline the courts seem to give them more time. Once they defend your case will be transfered to your local court.

There are loads of brilliant threads on this site that will tell you in more detail what should happen next. Just shout if you need help and you will get help.

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

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Thanks for the info...all help VERY gratefully received.:)

 

It seems they have till the end of today (It's Friday)....If they do put in a defence at the last minute, :evil: I shall have the option of asking for it to be struck out as an 'abuse of process'.

I will however be applying immediately Monday morning at 9.30 (when the Court opens) for ('Judgement by default') if they don't.:lol:

 

LET'S KEEP 'DOING IT TO THEM - THEY'VE ALREADY DONE IT TO US!!!

 

BEST WISHES TO EVERYONE.:)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Further info...unable to access MCOL up until about 10 mins ago :mad: (10.30 a.m. 1/6/2007) and guess what? Defence filed! :mad: Late or what?

We'll see what happens next.....

 

GOOD LUCK TO EVERYONE....KEEP GOING.....YOU KNOW IT MAKES SENSE!!

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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  • 4 weeks later...

Just an update....transferred to Eastbourne :) County Court, no AQ :-D and hearing date 20/8/2007...watch this space, as Trial Bundle being sent next week! 8)

Keep going.... don't let ANYTHING stop you....you know it makes sense!

BEST WISHES TO ALL OF YOU..........

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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  • 2 weeks later...

TRIAL BUNDLE SENT TO DG - UPDATE FOR ALL.....On Tuesday 3rd July 2007, I sent my trial bundle prepared with the wonderful assistance of everyone here (many thanks :) ) to DG Solicitors by Special Delivery at the Post Office. It cost £7.50 but guaranteed delivery by 9 a.m. Wednesday 4th July!!! (A good day in the USA! - might be the same at DG!!)

 

Also at the same time went to Eastbourne County Court and filed my copy trial bundle for the Judge and paid the Allocation fee of £100.00, even though the AQ had been dispensed with. NOW WAITING.......?

 

BEST WISHES TO EVERYONE HERE - AND ESPECIALLY NOW TO YORKSHIRE CUSTOMERS..:( ...REMEMBER IT'S YOUR MONEY SO KEEP KNOCKING ON THEIR DOOR!...and 'Let's be careful out there!' :D

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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UPDATE - FURTHER TO LAST POST : NOTHING HEARD FROM DG AFTER 7 DAYS. ORDER FROM JUDGE WAS TO EXCHANGE TRIAL BUNDLES 'NO LESS THAN 21 DAYS BEFORE TRIAL DATE' (20/8/2007)...DG'S LAST DATE TO FILE IS 30/7/2007!

 

I'LL KEEP YOU ALL POSTED - I'M CLAIMING JUST UNDER £4,000, AND HAVE JUST ISSUED CLAIM NUMBER 2 AGAINST HSBC! (ON NO 2 A/C)

 

BEST WISHES TO ALL AND REMEMBER IT'S YOUR MONEY YOUR AFTER!!;)

______________________________________________________

TO DATE:

 

AMEX CLAIMED : £277.91, THEY PAID £143.01 AS 'GOODWILL GESTURE', SO I FILED MCOL THEN AMEX ACKNOWLEDGED SERVICE AND OFFERED BALANCE OF CLAIM INCLUDING INTEREST AND COSTS OF £30.00. THEY SENT TWO COPIES OF A 'NOTICE OF DISCONTINUANCE' (FORM WHICH BASICALLY SAYS YOU ARE CEASING THE ACTION AGAINST THE DEFENDANT) WHICH THEY WANTED ME TO FILE BEFORE THEY PAID OUT. MY RESPONSE WAS PAY OUT FIRST THEN I'LL FILE! AS AT 11/7/2007 STILL WAITING....BEWARE OF THIS FORM - DO NOT COMPLETE IT UNTIL YOU HAVE BANKED THE CHEQUE AND IT HAS BEEN PAID!!!:cool:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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sounds to me like u got it all sorted out - keep going buddy :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thanks Rayne....all support is much appreciated - this has been a very difficult time for me -personal problems (DIVORCE! :) ) and the sudden accidental death of a much loved West Highland Terrier :Cry: has made the past months very stressful - BUT I take great comfort in knowing that we are all together in this struggle, so to everyone out there a great big :

 

THANK YOU FOR ALL YOUR HELP, I COULDN'T HAVE GOT THIS FAR WITHOUT YOU - WE MUST KEEP GOING (AND REMEMBER LET'S BE CAREFUL OUT THERE!) :smile:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Good to see you're full of fighting spirit Dougal! I'm subscribing to this thread so I can watch your case unfold. I'm particularly interested in the n244 action you propose to take! Consider my breath baited.....

 

a happy thought thinking

 

r-t-v

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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  • 1 month later...

REMOVAL OF STAY : FURTHER UPDATE - BOTH CASES WERE STAYED BY THE DISTRICT JUDGE - I HAVE APPLICATION IN FOR STAY TO BE REMOVED ON BOTH - BEING HEARD AT EASTBOURNE COUNTY COURT ON MONDAY 20TH AUGUST 2007 AT 10.00 A.M. 30 MINUTES ALLOWED!! WATCH THIS SPACE....!!!:cool: GOOD LUCK TO EVERYONE..KEEP GOING - YOU KNOW IT MAKES SENSE! THIS IS MY ORIGINAL DATE FOR THE HEARING THAT THE JUDGE STAYED!!

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Thanks Duchess,

I couldn't have done it without you (all of you..the help and advice on this site is invaluable!):)

Remember - 'Let's be careful out there!'

Best wishes to everyone.:cool:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Good luck Dougal for Monday. Let us know what happens.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Thanks Jowalshy,

I couldn't have done it without you (all of you..the help and advice on this site is invaluable!):-)

 

Remember - 'Let's be careful out there!'

Best wishes to everyone.:cool:

I wonder if HSBC will turn up.....????:rolleyes:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Hi there ! I only just found your posts, but I too am at Eastbourne County court on 20th V Barclays.....They havent entered a request for a stay so the court says it will go ahead. I have however, sent in a letter opposing any application from them, but my guess is they will turn up and apply there and then! Fingers crossed for us both!

 

MSS

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Just a thought for all appearing in court, If the banks solicitors show up and start producing things you have never seen before, like Paul Daniels on a good day ask the judge to adjourn the case for a week to allow you to consider the new material and come back here and post what they are doing/asking for.

 

If your case does get stayed ask the judge to make it a condition of the stay that all further charges to your account are also suspended until the lawfulness of those charges is established by the OFT test case.

 

pete

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Thanks to Jailbird and Castlebest and everyone else out there - what a great team you are, I hope I'll be considered good enough at least as a reserve!!!:)

Best wishes to everyone as ever...

'illegitimus non tatum carborundum'.:cool:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Good luck Dougal! You must be one of the best prepaired claimants I have seen on here so I have every faith in a positive outcome!!!!

Keep us posted!!

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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Thanks freakyleaky - and all of you. I have just (10) minutes ago been in front of Deputy District Judge Parkes, she listenend to my pleadings which were taken from this site - Thanks for that - about a stay contradicting my human rights and was about to allow the stay to remain....HSBC sent a Barrister (£500.00 an hour???!!!), BUT this lady barrister was not instructed by DG, she was instructed by another firm of Solicitors!! This barrister tried to argue that mine was the only case which was asking for a stay to be lifted and that in every other case a stay was being kept. I said this was not the case, and quoted details from this site. I then told the Judge EXACTLYwhat had happened since the beginning of this claim - took 7 visits and over six months to get my statements - no response from HSBC to LBA, sent 4 letters to DG over 2 months - no response to those, not even acknowledgement! Told how I filed my Trial Bundle on 3/7/07 and DG had until 30/7/07, but had not filed. Also said nothing heard from DG at all as at today's date. Barrister embarrassed and said 'would seek instructions' offered to speak to her clients for me - I declined. Barrister said "DG did not file bundle because of the OFT ruling", I replied " That ruling went public on 27/08/07, which was a Friday, the last date for DG to file was that day because their time limit expired on 30/8/2007 the following Monday, therefore it was clear they were abusing the system and had no intention of defending", Judge was not pleased and proceeded to tell Barrister to speak to her clients in this regard. I also added that I am being taken to Court for repossession of my property by GE Money on 13th September 2007, following a long and acrimonious divorce, I receive Incapacity benefit, Industrial injuries benefit and am registered disabled. I told the Judge if HSBC had paid when I first requested them to do so, I would have been up to date on my mortgage. I showed the Judge written proof of all of this. Judge then said " I am going to the lift the stay in view of the hardship that has been caused by the defendants lack of action.I am setting the matter down for Final Hearing on 6th September 2007 time estimate one and a half hours". I thanked the Judge...Barrister not happy bunny.!....then left for some fresh air.

There is Justice after all - let's not be beaten by these bullies. It is our right to fair and proper treatment from everyone, provided we return that to those we encounter.

SINCERE THANKS TO ALL ON THIS SITE - GREETINGS TO THOSE WHO WERE THERE - AND REMEMBER 'IT'S OUR MONEY WE'RE AFTER!!

KIND REGARDS TO EVERYONE.:)

 

Watch this space..........:cool:

Can someone bump this up to one of the Mods please...I don't know how to.....

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Nice work, you did very well, I have only seen a stay effectively removed a couple of times.

 

Was this hearing in Eastbourne?

 

I presume they will settle prior the 6 Sept now.

If I have been helpful please click on my star and add a comment.

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Excellent news!

 

Well done for standing your ground.

 

Which court was this?

 

Could you copy and paste this post into the new forum on stays so that others can see your experience:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

 

All the best

 

Zoot

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