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HDR - v - HSBC


Dougal16T
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Thanks Zootscoot I've just done that!! Can you check to see if it's okay?

Regards

Howard (Dougal)

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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Now the next stage (if they dont make an offer) is to be prepared for what they are likley to throw at you in court, they play dirty have a look at post number 4 in this thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/110900-anyone-heard-how-skintcumbrian.html

 

Have all of your information to hand when you go back to court so you can prove exactly what you say.

 

pete

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Thanks Castlebest,

I had read that thread already and was 'up for it', but the London Barrister (yes more expense for HSBC) was not up to the task, she did not know that DG had not filed their trial bundle. She did not know that there had been no contact from her clients to me at all. The stay was lifted and the Trial date and time set. I am ready - the question is are they? :cool: (What I have not revealed is that I am an ex Police Officer and a former very experienced Prosecutor and Advocate for the Department of Transport - so Courts/Trials/Solicitors/Barristers/Judges/Clerks and sundry Litigation people hold no fears for me!!!- I did not say I was better than them, just that they do not frighten or intimidate me). :) I have always felt that we are all JUST human beings......(some more so than others)!

As ever my best wishes to everyone in this 'war'. (I may have won the battle today, but the War is far from over);)

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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Wow Dougal, have just read your thread, Power to the people, inspiration comes to mind, hope you are getting over your divorce, (it was for the best;) ) and I have had dealings with GE, fingers crossed for you on the 13th. All the best:D

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Well done Dougal! Do you wnat to pretend to be me on Thursday?? In post 23 you mention you took pleadings from this site, could you possibly link me there? Trying to get as much info under my belt.

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - 2 copies charges sent to court

14/05/07 - Claim served

11/05/07 - Acknowledgment of Service

21/05/07 - 2 copies charges sent to DG

06/06/07 - DG defended

18/06/07 - Noitice of Transfer

22/06/07 - 1st nudge to DG

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The pleadings I used were the 'Application for Stay after OFT decision' which is on this site in the Templates Library (I think)!

I modified it to include the fact that I am on Incapacity Benefit, Industrial Injuries Benefit, Disability Living Allowance (Mobility component), behind with the mortgage, and repossession started.

BUT I also drew the Judges attention to the fact that HSBC had not filed their bundle and clearly (see my post) were not going to AND the case was set down for hearing PRIOR to the OFT decision, and the Master of the Rolls' directions - on top of that I told the Judge that HSBC and DG had failed REPEATEDLY to answer letters, phoner calls and e-mails, and nothing had been heard as at yesterday's date from them.

 

I wish you all the best.

Make sure your bundle is good and tidy.......mine was a great 'weapon' I am sure.

 

I'll be thinking of you.

Howard (Dougal16T)

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 Howard, a great help and very much appreciated. I have that statement armed and ready. I'll let you know how I get on.

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - 2 copies charges sent to court

14/05/07 - Claim served

11/05/07 - Acknowledgment of Service

21/05/07 - 2 copies charges sent to DG

06/06/07 - DG defended

18/06/07 - Noitice of Transfer

22/06/07 - 1st nudge to DG

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just checking in to see how you get on from here. you have been a great help to me, and i can't wait to hear how it all works out for you. seems september will be a big month for you, fingers crossed for both cases.

good luck, lolly.

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Dougal

 

great thread and makes me feel more confident in my situation. on advice i have transferred my own thread into this forum, as it is more appropiate.

 

hope people look and advise accordingly?

 

i am interested in the judges response to your mortgage situation?

 

could you look at my post and advise how you think i will get on?

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111850-re-help-please-can.html#post1095232

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Just a quick question regarding applying for removal of a stay - can we only appeal if we are suffering hardship - so if we are employed and coping at the moment an appeal would maybe turned down if it was applied and paid the £35 for - also can the £35 be added to the schedule of charges against HSBC? :oops: Charliedog alias [Linda x]

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Hello Cahrliedog, (Linda),

 

Whilst 'hardship' is a very good reason, also please see my posts re the directions from the Master of the Rolls and actions (or rather inactions) of the Banks in relation to filing trial bundles. Yes you can add £35 to the charges. Don't forget your wasted costs order once you have finally been successful - claim at £9.25 per hour plus costs of stationery and consumables (in for printer - photocopying etc).

Kind regards

 

Howard (Dougal16T)

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 DougalI have issued a County Court Summons against HSBC. How long do they get to reply to it? If they don't reply within 14 days can we get a judgement by default?Thanks

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!

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Hi arcataca33,

HSBC will wait the 28 days from date of service (deemed to be 3 days after and including date of issue) and then will file a template defence.

Just when you are about to hit the' Judgement' (on MCOL) button, their template defence will have been filed!!:mad:

Keep going - we are in the right!!:)

Kind regards

Dougal

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 DougalSorry for being a bit dim but I want to be clear. MCOL summons was issued on24/08/07. Checked with MCOL- deemed served on 29/8/07.They have until midnight 12/9/07 to respond or I get a judgement by default.Basically what you're saying is that on 11th or 12th of September they will respond asking for another 28 days to prepare a case. Is that basically right?Any ideas of what is likely to follow?PS Your right about the telephone contact-it's completely crap.arca

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