Manicblonde V Hsbc

[manicblonde]

Right enough reading time to do some typing! Here's whats happened in my case ( 2 of them) so far:

 

26/2/07 got my statments for the last 6 years from HSBC website

26/2/07 1st letter to HSBC - Acn I have my unfair bacnk charges back etc...

12/3/07 Can I have my charges back or go I'll take you to court etc...

16/3/07 letter rec from Colin Langdale dated 7/3/07 looking into it blah blah

19/3/07 Filed MCOL

27/3/07 Acknowledgement filed

17/4/07 Defence filed

19/4/07 Letter to D & G (part of Latties template used) sent By Fax, DX & post!

23/4/07 Letter from court case trf to Civil Justices centre in Cardiff

2/5/07 E mail to Kate Eaves - Save u some time please pay!

10/5/07 E message via HSBC banking - Whats going on??

10/5/07 letter to Solitors regulatory authority re Kate Eaves abbusing courts etc...

10/5/07 e mail to kate eaves telling her i'v contcated SRA

10/5/07 e maesage from HSBC - looking into it

12/5/07 General form of Judgement or order from court - listed for14/8/07!

17/5/07 letter to judge requesting defence struck out - Abuse of the system blah blah

18/5/07 letter from SRA looking into the matter

21/5/07 phone call to hsbc complaints

21/5/07 letter from complaints team - not what I wanted to hear!

30/5/07 e mail to service quality team re D& G conduct

31/5/07 letter rec from hsbc telling me all correspondence sent to d & g will be answered by them (Yeah right!).

1/6/07 letter rec from SRA saying no breach of conduct as Kate ewaves is acting on the instructions of her client (HSBC)!

4/6/07 E mail to service quality team noting that as kate Eaves is acting on their instructions, HSBC must be deliberatly intructing their solicitors to be obstructive & to waste time in these matters. I will be contacting financial ombudsman if no response in 7 days!

21/6/07 E mail and Letter to Financial Ombudsman Service re conduct of HSBC

21/6/07 further letter to DG solicitors (nudge)

21/6/07 Draft directions to court & DG

9/7/07 further nudge to DG & another copy of directions

18/7/07 Sent Witness Statement to courts & copy to DG in readiness for directions hearing (don't even know if that correct)!!

9/8/07 n244 sent to CCC. Copy to DG

 

Sorry for the long post, Has anyone got any tips for anything else I could try to get a response from DG in this matter as I have not even had an acknowledgment to any of my letters or E mails!

[manicblonde]

Sorry missed one!

 

4/6/07 a further letter to the Judge to ask if he had made a decision in this matter.

[freakyleaky]

Wow my heads spinning! You have tried every rick in the book and still no contact! They really are evasive so and so's!

All I can suggest is to keep sending the nudge letters, one every 10 days. I had no contact from dg until today and that was to make me an offer. I even got to the stage where I had sent my court bundles off.

So, unfortunately you will just have to be patient. The courts are getting more clogged up every day with these claims and consequently things are slowing down.

Good luck:)

[manicblonde]

Thanks for that Freaky. I am just so miffed that they have not even had the curtesy to acknowledge receipt of my letters!

 

I hope they get their act together before we have to go to court! Thats not until August!!

[freakyleaky]

Courtesy doesn't seem high on their list of priorities! As I said they will leave it as long as possible and offer just before the court date(probably just after you send in your court bundle) or you may get a very early offer for allot less than your claim. They seem to do this in an attempt to frighten people into thinking that if they don't accept they might go to court and loose the lot! That won't happen!

Good luck and just shout if you need more help!

[manicblonde]

Thanks for your offer, I may take you up on it when I start preparing my court bundle. What do you think on me sending it to them early, Just in case thats whats prompting them to act??

[freakyleaky]

I did think of that myself but I think they will leave it until they have to submit theirs, as long as they have received yours, before they will pay. Hope you know what I mean!

Also it is alot of printing so don't do it until you have to. Try and put it all on disc or in a file and only print out the copy for dg and the court as you will more than likely never need your own copy!

[manicblonde]

OK Many thanks. Will try nudging DG & HSBC again start of next week!! Need a weekend with a bottle of wine to drown my sorrows!!

[manicblonde]

Spoke to a lady from the collections centre yesterday (again). Told her that there was ongoing case blah blah blah!!! As soon as HSBC refund me my charges I will repay the overdraft in full (which is made up of at leat 80% unfair bank charges). I am now writing to the financial ombudsman to see if I can get any one there to answer me as NOBODY will answer by correspondence no matter what format it goes to them in!!

[Audreygreeneyes]

Hi mani, there is nothing you can do except keep trying......... the onyl thing it does is proves to the courts just how obstructive theya re being and how reasonable you are.... all goe sin your favour......

 

I would hover make one suggestion, as your court dat eis the week after mine......... I would write to the court asking for a draft direction.....depends on how you want to word it. but i would onyl give DG 7 days to submit.... stating in the directions the obvious they wills ettle before that date...........

 

I sent mine of on monday am jsut waiting to see fi the respond..........

 

do not hold you breath. DG will onyl answer in DG's timescale. nothing you can do will alter this. so as I say in other areas of life..... "build a bridge and get over it".......... I got extremely frustrated by this........... and but lateralus eventually calme dme down...

 

just look at the end result...............

 

I would however be interested in your letter to the SRA........ might try that so we can get a letter from them stating its HSBC instructions.......might be able to use this in some way.........

 

ok ramble over

[manicblonde]

Just posted my letter to the FOS.

 

The SRA letter mentioned above quotes

 

'You have reported that you are concerened abou tthe professional conduct of Kate Eaves of DG solciitorsbeing obstructive in this case and abusing the court system. You are concerned that the ofrm are deliberately not responding to your correspondence and I note that their faliure to reply has caused you some distress and inconvenience.... Please note that I have been unable to find and evidence of professionsla miscinduct in the matter......... It does not amount to misconduct if a solicitor fails to respond to correspondence from a third party. It may help if I explainthat KE of DG has a professional obligation toact in the best interest of her client. She has a professional duty to FOLLOW AND ACT IN ACCORDANCE WITH HER CLIENT INSTRUCTIONS.....A solicitors is only obliged to reply to a third party by way of courtesy or if their client has instructed them to do so'

 

I have only typed up the relevant parts as there us loads of gumph!!

 

I am thinking about now contacting the The Legal Services ombudsman to see if I can get any joy from them. I'll wait for reponse to me letter sent to FOS first I think!

 

I am so FRUSTRATED!

[freakyleaky]

When you think about it dg are not the ones to blame! When they receive a letter or call from a third party it is their duty to pass this information on to their client and await instructions. So if dg are ignoreing you then it is doing so because that is what the client (hsbc) has told them to do!

 

I am in no way sticking up for dg but that is just the way I see it.

 

Good luck MB:)

[manicblonde]

Yes I understand that, I've also written to HSBC to tell them I found out what they are up too (in so many words)!! Gave them 7 days to respond, surprise surprise, nothing!! I have now contacted financial ombudsman as I think their game playing is getting rather boring now!!

[freakyleaky]

I agree! It is hsbc who should be made to act in a professional manner and not be deliberately obstructive!

[manicblonde]

JUST READ LATTIES THREAD RE LETTIN GYOU ALL KNOW WHAT DIRECTIONS HAVE BEEN ORDERED. HERE IS MINE JUST ENCASE I HAVE MISSED ANYTHING:

 

Upon the courts own motion. The court has made this order of its own initiative withour a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 dyas of receiving it (I rec it on 17/5/07 & its dated 12/5/07. I applied to have their defence struck out on 17/5/07 but heard nothing from the court).

 

IT IS ORDERED THAT

 

1. Directions will be given in this case by the designated civil judge on the 14th August 2007 at Cardiff Civil Justice Centre.

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days proir to the hearing.

 

 

Can anyone please let me know exaclty what I need to do? Is this the part where I request Draft order be taken into account???

 

Please help as I think I may have misread!

 

thanks:confused:

[Castlebest]

Yes make a written representation including the draft directions and send a copy to DG as requested by your district judge.

 

pete

[manicblonde]

Hi Pete

 

Are there any templates available that I can use please? I know I have seen them somewhere but I cant find them!

 

thanks

 

Manni

[Audreygreeneyes]

mani if you look on my thread...... THE AUDACITY OF DG........... there are draft directions there and also a leter ............. I sent last week. if thats any help or i can post it on this thread for you?

[freakyleaky]

This is a copy of the letter AGE sent to dg with a copy of the draft order. Hope it helps! Obviously change the details to your own!

 

Dear Ms Eaves,

 

 

Please find attached a copy of the draft directions that I have submitted to the court dealing with my case.

 

I know they will in due course inform you of this, but as a mater of courtesy I am informing you of my actions in advance.

I have decided to submit the enclosed directions as a way of coming to a speedy conclusion to my claim.

I am hoping you will acknowledge this as an attempt to resolve my claim without the need for a court hearing.

I am willing to stop all court proceedings relating to my claim number upon receipt of £4150.00 in full and final settlement of my claim.

 

With the pending case to be heard at 12.00pm on 7th August 2007 at xxxxx County Court,

 

The amount presently being claimed is – with interest and court costs - £4119.83 to date of court action 03.04.2007, plus the daily rate of 0.021% until judgment

 

With a view to settling this as mentioned above, I would be willing to accept

 

£4150.00. I will agree to bringing no further action concerning bank charges between the

 

Dates of 25/01/2001 and 02/12/2006 if you agree to this amount.

 

 

If you agree, could you arrange for this to be paid directly in my bank account held with your client within the next 14 days

 

HSBC Bank PLC.

 

 

Further to the impending case being a matter of a few weeks away, would you agree your anticipated agreement

 

To the above can be communicated via EMAIL and TELEPHONE call?

 

I will not accept any form of negotiation via the above means, but purely for you to communicate

 

Your acceptance of my proposal.

 

I can be contacted on my email address above and also via telephone on 00000 xxxxxxx....

[freakyleaky]

AGE, That was spookey!!!

[Audreygreeneyes]

Dear Ms Eaves,

 

 

Please find attached a copy of the draft directions that I have submitted to the court dealing with my case.

 

I know they will in due course inform you of this, but as a mater of courtesy I am informing you of my actions in advance.

I have decided to submit the enclosed directions as a way of coming to a speedy conclusion to my claim.

I am hoping you will acknowledge this as an attempt to resolve my claim without the need for a court hearing.

I am willing to stop all court proceedings relating to my claim number upon receipt of £xxxx.00 in full and final settlement of my claim.

 

With the pending case to be heard at 12.00pm on 7th August 2007 at xxxxx County Court,

 

The amount presently being claimed is – with interest and court costs - £4119.83 to date of court action 03.04.2007, plus the daily rate of 0.021% until judgment

 

With a view to settling this as mentioned above, I would be willing to accept

 

£xxxx.00. I will agree to bringing no further action concerning bank charges between the

 

Dates of 25/01/2001 and 02/12/2006 if you agree to this amount.

 

 

If you agree, could you arrange for this to be paid directly in my bank account held with your client within the next 14 days

 

HSBC Bank PLC.

 

 

Further to the impending case being a matter of a few weeks away, would you agree your anticipated agreement

 

To the above can be communicated via EMAIL and TELEPHONE call?

 

I will not accept any form of negotiation via the above means, but purely for you to communicate

 

Your acceptance of my proposal.

 

I can be contacted on my email address above and also via telephone on 00000 xxxxxxx....

 

 

Thanks for that freaky, whilst you were typing that I was on Jo's thread looking for hers, so have combined both your suggestions..............

[Audreygreeneyes]

opps I see freaky was doing it as I was looking fo rit..................lol.............. just ignore me...........lol

[freakyleaky]

Lol:)

[Audreygreeneyes]

Draft Order for Directions

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:

 

If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.

but this is the info that would be required should the draft direction be made an order:

 

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): note here: hsbc uses the service charge defence - so use this the first one on post 55

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the basic court bundle.

AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

courtesy of hagenuk: some t & c's from 2004

Attached Filespersonal_banking_terms.pd f (177.1 KB, 40 views)

 

thank you to givememymoney,castlebest, garyh for your help

Last edited by lateralus : Today at 15:18. Reason: adding a whole lot more!!!!

vbrep_register("695176")

[Audreygreeneyes]

only a suggestion mani but I would be tempted to ask that both parties have exactly the same time............ or really chane your arm and ask the DG submit theirs within 7 days and you 14 or 14 and 21...........

 

mean they have to go first:)

 

 

 

god your fast freaky.........lol:p