HSBC court action

[gemiali]

I am getting a little lost now. Have tried to read up on lots of threads but still unsure on things. I am getting confused with all the jargen and feel a little stupid because i am not understanding what the hell i should be doing. I am running out of time to get this right and was wondering if it may help if i buy The Small Claims Kit by Law Pack, recommendend by this site, as at least it is there in black and white, step by step. Has anyone else bought that and found it useful? I'm reading all the threads but maybe getting a little overwhelmed and panicking. The only thing that was obviously wrong with my list of charges from what LAT advised me about was that i didn't include what each, individual charge was for. I have re done that now, adding another column. I also have copies of my 2 nudge letters to DG, a polite but only drafted at the moment letter to the judge explaining i amreally trying hard and DG not! and copies of all my statements associated with the charge list, is this enough?? I think the Claims Kit will have all this in, you think? I have 2 weeks before deadline! :-|

[lateralus]

i think times too short to get the book - just do as you said above.

 

did you read nawanda's thread - hers was very much like yours - she had done everything by the book and they didn't like if for some reason - ok you've doctored up the schedule of charges - i would do also as nawanda did - she took the statement of evidence as found on the new strategy link - post 55 - the first letter and retitled it particulars of charge instead of statement of evidence - then she went through it and made it fit her claim - like dates and amounts and then submitted that - that is the most complete particulars of claim they are likely to see and surely will fill the bill - that plus your new schedule of charges should be fine for what they are asking. i'd advise that's what you do - just get on it - it won't take long

[gemiali]

Thanks, i just re-read Newanda's pages/threads and most of it has clicked..i think now. I have copied a few things ready to print off and then add in my own personal details (charge amounts etc etc). You mentioned that when it's done there is a moderater who may take a look and check i have done it ok, where can i find them on the site? Thanks for your help and assistance on this and for being invariably patient! Must get photocopying!!

[Celicaman]

Hi just a point that in one of your earlier posts you were looking for couple missing statements. However i noted that when you posted about what the court required

 

' Copies of statements may be provided but they must be accompanied by a seperate list showing the charges in a convenient form for use in court'

So as they do not have to actually be provided at this point, just go with what lattie has advised, but you dont need to send them.

Ok lattie back to you.

 

Flowerman

[lateralus]

good spot pretty pink,

gemiali - i try to advise (but often forget) when you are reading something on here - truthfully, read it three times - read it once - go away, come back read it again, go onto something else and by gum, by the third read - it usually no longer looks like chinese or greek.

you're getting it - just keep at it.

on the cons.action page before you pick a bank forum scroll down to the very bottom and it will tell you who is on-line at the moment - site helpers are in pink and moderators are in green - just click on one and send a pm asking them to take a look at what you are putting - give them a link to your thread so they can. and then put it on here - a good few of the people on the site can read through these now and pick up right from wrong. so just post your poc's up here and we will look them over.

[Celicaman]

Hi Lattie, very easy to miss. Number of times i have half written something, went back to read post & found i have missed half the points, just as well not wasting ink & paper lol, but highlight & delete gets a lot of use LOL.

 

 

CM

[gemiali]

Thanks guys or gals, your right it does seem foreign at first and then when you go back to it again and again it slowly sinks in. I printed off the info on the thread on particulars of claim Nawanda had used and the statement of case. Should have it all done by the weekend and post recorded del Mon. Thanks loads and loads, was getting down about it all being too confusing but am motivated again now..can't let them win! Angels x

[lateralus]

i keep saying this - don't know if i've explained it properly - nawanda was using the statement of evidence for a different matter and so she renamed it particulars of claim - if you are using it for the statement of evidence - rename it that - if you copy it from the new strategy link post 55 - it is called by it's rightful name - statement of evidence.

[Celicaman]

i keep saying this - don't know if i've explained it properly - nawanda was using the statement of evidence for a different matter and so she renamed it particulars of claim - if you are using it for the statement of evidence - rename it that - if you copy it from the new strategy link post 55 - it is called by it's rightful name - statement of evidence.

 

So is that the same as a witness statement for a bundle, talk about a coat of many colours

 

CM

[Castlebest]

A rose by any other name....

 

pete

[lateralus]

yes, and the witness statement in the court guidance thread is a skeleton version - the statement of evidence is it all dressed up and ready to go out and meet the queen. when in doubt, use the statement of evidence.

[gemiali]

This is the letter i am sending Judge Cooke tomorrow morning along with a copy for DG. I have also sent the list of charges, dated, acc no., sort, reason for charge (not included originaly which may have been the problem)! and statement of charges. That is all and more the judge asked for.Think it's OK?

 

DISTRICT JUDGE COOKE

Birmingham County Court

Civil Justice Centre

The Priory Courts

33 Bull Street

Birmingham

B4 6DS

 

Dear Sir/Madam

 

I am writing in response to your letter dated 25 June 2007.

I am pleased to be able to submit to you the folllowing information as requested;

Further written particulars of the claim including name, account number, sorting code and account referred to plus a a list of all the

charges complained of, showing the date and amount of each one and the stated reason for the charge in a convenient form for use

in court. At the same time i have provided the defendant with this exact information.

I have also included my schedule of charges which i sent to the defendant in June 2007. I would like to coment that i have tried on

numerous occasions to contact the Defendant via written correspondence to try to come to an amicable agreement without the courts

intervention however i have not heard no contact from the defendant. Please let me know if you wish for me to include a completed

N! form as i am not sure the information on the MCOL proved sufficient enough information.

Thank you for your consideration. Please feel free to contact me if there is any other information i can provide or if there is anything

else i can do to clarify my situation.

I look forward to your response.

Yours sincerely

 

.......

[gemiali]

It is set out better than that but i just copied it quick!

 

This is the statement of evi

 

 

 

 

 

STATEMENT OF CHARGES

 

1. Between 16/03/2001 and 14/02/2007 the defendant debited numerous charges from the Claimant's account.

2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a

disproportionately high sum in compensation compared to the cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful 'extravagent' penalty.

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money.

This totals £588.16, accruing at the daily rate of 0.021% until judgment or payment.

5. The claimant asks the court to enter judgment in their favour for £2953.50 plus interest, totaling £3541.66

 

That OK?? x

[lateralus]

let's at least have a reference to the s.69 in asking for the interest - take it from the N1 poc's....actually, i've read it the n1 poc's again and i think you should submit them instead of the statement of chrges you have there - they are so much more. i'd advise you to copy it out from the 4. Particulars of claim - N1 - hard copy version just the particulars of claim part - fill in the bits to make it yours and submit it with your new schedule of charges to both the court and to dg - and then get rid of the reference to asking you for the n1 if he wants it in your letter. that is what i'd do.

[gemiali]

I have been issued with the dreaded stay too! I have been reading until 2008!?! Is that when this 'test case' will be?? I can't find the information on the date for it anywhere but have read why and seems like it will be good for us all fingers crossed and some interesting info but is there an actual date set for it?..a little confusing, mine has been going on since April and thought i was soooo close, grrrr )-: surely it is not going to be an 8 mths wait for any decision!? Thanks people

[freakyleaky]

Application for removal of staty

 

Oft test case: what this means for you