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

[zootscoot]

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.

[JillSandwich]

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.

[Dusary]

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!

[JillSandwich]

I will battle onward!

[nevos]

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,!

[saintly_1]

zootscoot . i advised a user to pm a mod overthis earlier today http://www.consumeractiongroup.co.uk/forum/barclays-bank/94719-ukseroxat-barclays.html have posted a link in their thread to come read here

[zootscoot]

Many thanks Saintly1.... you are living up to your name!

[rob-the-viking]

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

[abbie414]

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

[lea2001gb]

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!!!

[cmc_entertainment]

here it is on the bbc webby - look at the A+L linked story - they referenced the lloyds case and got done for it!

 

BBC NEWS | UK | Bank test case needed, judge says

[zootscoot]

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?

[Brambs]

It looks like the judges are getting as fed up with the banks as we are, lets just hope they continue in our favour.

[abbie414]

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

[zootscoot]

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

 

Best of luck with your claim!

 

Zoot

[abbie414]

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

[Turboman]

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

[nevos]

I heard that Lincoln is cool

[Turboman]

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

[nevos]

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.

[GuidoT]

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.

[Brambs]

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 .

[nevos]

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?

[Brambs]

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??

[nevos]

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..