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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Hull County Court Strike out orders - UPDATE and it's GOOD news!


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We understand that Hull County Court has been issuing orders threatening to strike out claims in light of the Berwick v Lloyds claim.

 

If you have been affected by these orders please contact us at:

 

[email protected]

 

Please include your user name and the bank you are claiming from.

A phone number we can contact you on.

If you can scan the order and attach it that would be most helpful.

 

We are working with Martin Lewis from MSE and are looking at getting legal representation for these claims.

 

If you act now we do not foresee that these orders will pose a threat to your claim. We believe the effect of Berwick v Lloyds has been misinterpreted by the court.

 

Thank you for your co-operation.

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Well I was just about to serve Abbey a claim tommorrow. I am in Hull so now I don't know whether to bother if the judge is going to do this.

 

 

Steady! Steady! Steady!

 

Read zootscoot's Thread-starter again.

 

Then, remember, it only said: "MAY" strike out the cases!

 

Keep on going!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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In the orders the Judge Xxxxxxx is saying : To consider striking out the claim as disclosing no reasonable prospect of success in the light of the recent decision of Berwick V LLoyds TS 15th May 2007.

 

HUll is quite special and have their own laws and ideas unlike most of the rest of the country,!:)

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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I am not quite at this stage yet, but it is very reassuring to know that the CAG has your back from start to finish. Outstanding work guys and girls, above and beyond the call of duty!

 

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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Hi All

 

First post on here but been taking advice from moneysavingexpert for quite some time.

 

I am due in Kingston upon Hull CC within a fortnight and am claiming against HSBC. Luckily it's not with the same judge threatening to strike out 20 cases in July!

 

I have put together a court bundle which I sent to DG Solicitors and handed to the court the day before yesterday. It has all relevent documentation as per the bundle file provided on this site plus a charge schedule, correspondence and a witness statement that I took from the Lloyd forum on this site (amended to suit my case). The one thing it doesn't have are the T&C of HSBC and from what I am reading I could be in deep trouble.

 

Any advice would be very welcome as to my next step(s).

 

Abbie414

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Just read BBC1 text regarding the Hull County thing. Surely anyone who has filed with a court has a right to put their case across. I find it disgusting that one judge can suddenly claim that you have no right of winning because of 2 cases, especially when there are literally thousands who have successfully claimed back their charges. It is very annoying.

 

And extremely confusing as well!!! :-)

Abbey - £539 pending - !!!WON!!!

Halifax - £676 pending - stayed at court

2nd Claim with Halifax - £168 pending

Lloyds TSB - £780 (sisters) !!!WON!!! - Filed waste of costs order (on hold)

Barclays - Barclays filed crap defense - on hold

 

AND THE BANKS ARE STILL CHARGING!!!!!!!

 

How very dare you!!

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Hi All

 

First post on here but been taking advice from moneysavingexpert for quite some time.

 

I am due in Kingston upon Hull CC within a fortnight and am claiming against HSBC. Luckily it's not with the same judge threatening to strike out 20 cases in July!

 

I have put together a court bundle which I sent to DG Solicitors and handed to the court the day before yesterday. It has all relevent documentation as per the bundle file provided on this site plus a charge schedule, correspondence and a witness statement that I took from the Lloyd forum on this site (amended to suit my case). The one thing it doesn't have are the T&C of HSBC and from what I am reading I could be in deep trouble.

 

Any advice would be very welcome as to my next step(s).

 

Abbie414

 

Not to worry too much. You can send the T & Cs to the court with a covering letter making a respectful request that these be added to the court bundle for claim no xxxxx.

 

As it is something of which the Defendant is aware and will give them no great surprises I don't foresee that the addition will be objected to particularly if this is small claims court.

 

Do you have the T & Cs?

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Hi zootscoot

 

Thanks for the reply. Unfortunately I don't have the T&C for when I first opened my current account with HSBC (approx 11 years ago) but have their latest which they sent with a reply to my threat of court action letter which I doubt is of any use to my case. I take it a copy of the T&C will also need to be sent to D&G?

 

Do you have copies of old T&C's I could download?

 

Also I drpped a typo in my witness statement. Instead of stating I am charged £50 for going overdrawn I've slipped another 0 in making it £500 do you see this as a problem?

 

Off topic are you a scooterist?

 

Abbie414

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Hi Abbie

 

Unfortunately I don't have the T&C for when I first opened my current account with HSBC (approx 11 years ago)

 

Strictly speaking you should have all the T & Cs for the charges you are claiming so if you are claiming 6 yrs of charges you need to have the T&Cs to cover that 6 yr period.

 

but have their latest which they sent with a reply to my threat of court action letter which I doubt is of any use to my case.

 

I believe the latest came into effect Dec 2006 so if you are claiming any charges since then you will need them

Do you have copies of old T&C's I could download?

 

Have a look here:

 

There is a direct link to the 2004 & 2005 you can also search the linked website to find other years.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/90721-i-need-your-help-3.html#post840881

 

Also I drpped a typo in my witness statement. Instead of stating I am charged £50 for going overdrawn I've slipped another 0 in making it £500 do you see this as a problem?

 

 

Provided your schedule of charges and overall amount claimed are accurate its likely to be clear that it was a typo.

 

Off topic are you a scooterist?

 

Yes, ride a 1964 GS160 mark II :D

 

Best of luck with your claim!

 

Zoot

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Zootscoot

 

Thanks for the T&C info it's much appreciated and I will have them in the post to the court and D&G first thing Monday.

 

As for the typo everything in the schedule is spot on no mistakes with that element of things.

 

Nice scoot mines a 64 Lambretta 150 Special :-)

 

Ride safe.

 

Abbie414

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Hi

 

How do Judges appear at various courts? in rotation or whatever?

 

Due to file also in Hull today/tomorrow Monday-should I leave Hull & go to Goole or Beverley all of which close by to guarantee avoiding the judge in question??

 

Chelsea

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News Flash

 

I understand you need an application notice at a cost of £60 to remove the stay in Hull, they do not accept letters any longer sine they became self funding.

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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Thanks

 

But as Lincoln is a lot further away than the other 3--would they let me file there?--& whats the odds of the same judge appearing there?

 

Chelsea

 

You can file where you like in the appropriate jurisdiction. If the courts are close sometimes they share the same DJ. Use this link:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

I file my claims depending on what orders are being issued by which Courts, therefore I stay away from Hull, Birmingham, Hitchin, St Albans, Dartford and favour Reading, Lincoln, Newark.

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

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Hi

 

How do Judges appear at various courts? in rotation or whatever?

 

Due to file also in Hull today/tomorrow Monday-should I leave Hull & go to Goole or Beverley all of which close by to guarantee avoiding the judge in question??

 

Chelsea

 

 

From what i have gathered so far the are at least 2 Judges that deal with the small claims at Hull CC. Fingers crossed as to who you get.

 

I am wondering now if i should have accepted SCM's offer of £750 ( i sent them letter 5 in the rejection letters). At least i could be spending that now instead of waiting to see if they remove it :| .

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Brambs: Don't panic! Maybe the Judge in Hull is doing every body a favour by sharpening us up. As long as you prepare well and have some T & C's then you should be OK. How much are your total charges?

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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I'm claiming for £1278. I'm not at the stage of panicking yet as i have just sent back my AQ with the revised directions and am now waiting for a response, but just wish i had done this last year instead of waiting till Feb this year to start, other people i know have all been settled in full in a much shorter time period. I guess i have choose one of the most stubborn banks and unfortunatly live in Hull lol, but i suppose someone has to!!

 

I do have a copy of T&C's which i have downloaded from a link on here, will they be good enough as i don't have my orignal ones??

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Hi Brambs, I understand CAG are arranging a barrister to sort the strike outs in Hull you could PM Zootscoot with your details as I have read this in another thread.

 

Failing this,we can get Chubby Brown in, in the alternative if things go pear shaped we have a lovely bridge whereupon we can all join hands and take the plunge (may be in bad taste excuse me) hehe..

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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