bex1408 vs HSBC (2nd claim) - Court in 20 days!!!! Help Please

[freakyleaky]

Scose terminology for a rouge! Other terms include:- scamp, scallywag, rascal etc..........

 

Mrs F is from Liverpool! Always telling me to calm down!

[freakyleaky]

OMG Jo!

 

Is that really what I am married to? LOL

[jowalshy]

At least you're not married to someone who has a hairy back. I saw that post of yours earlier!!!!!!lol

[freakyleaky]

Thought I got away with that one! LOL:)

[lateralus]

oh, ok, we just call them chavs in 'ull.

 

does she talk like a scouser then - and do you talk like jonathon davies when he commentates on rugby league - cuz i canno unerstain a wooord da man sez!

[jowalshy]

what accent are you using there Lattie?? Is it Scouse/African???

[lateralus]

no, it welsh - at least scouse i can just about get - but that welsh accent is really hard on my poor american ears.

 

 

 

back in the sixties i though there were only a couple of accents - the beatles - cockney - and really plummy talk like the queen -

 

then i met a man from ull and now i know there are about a zillion accents - my favourite to listen to is barnsley! i've been in ull for 23 years now - but refuse to speak like them! i've not heard an H in years!

[freakyleaky]

If she is on the phone she sounds like princess anne, otherwise she sounds like barbra royle! LOL (only kidding dear)

 

Me I sound like gimli! Very similar in looks too!

[jowalshy]

Gimli was a Dwarf of Durin's Folk who volunteered to accompany Frodo Baggins as a member of the Fellowship of the Ring on the quest to destroy the One Ring. He was an honourable, wise, and stalwart warrior, favouring the axe as his weapon.

Gimli became deeply enamoured upon meeting the Elf-lady Galadriel, and the memory of this aided in the rehabilitation of the once-strong relationship between the Eldar and the Dwarves of western Middle-earth.

[freakyleaky]

ME!

[bex1408]

That's a pretty picture there

 

Right - all is now done and being sent today with a cover note apologising for the delay due to postal strike etc. Have enclosed another nudge letter to DG - hopefully they will come up with the money as court is now only 2 weeks away :o

[freakyleaky]

Fingers crossed!

[bex1408]

Hi

 

I've received a letter from DG today (text below) after they have received my court bundle. Court date is 22/08. Where do i stand now?? will i have to wait until the test case has been settled??? starting to wish i accepted their original offer . Any advice appreciated. Thanks guys

 

 

We refer to the above matter. You have referred your complaint about bank charges for determination in court.

 

We are confident that HSBC's charges are fair, transparent and lawful.

 

Since you filed your claim in court HSBC (alone with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

We will be applying to the court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

Given the court case our client has also asked the FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Our client asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated approriately about the proceedings with the OFT. You can also check the latest postition on our client's website at hsbc.co.uk.

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible.

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

[lateralus]

they are going to ask the judge for a stay -

so you need to write and ask for it not to be stayed -

 

OFT Test claim: What this means for you

 

~~## Stays info and guidance ##~~(

 

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

there's lots of chat about this on the forum - pick just about any thread and you'll see what's going on and how to fight it

[jowalshy]

HSBC are applying for a stay, but it is still down to your court as to whether it is accepted. Give your court a ring on Monday and ask then whether your claim has been stayed. If it has (Lattie you beat me to it), take Lattie's advice.

[bex1408]

Thanks girls

 

Will do this tomorrow

[bex1408]

Hi

 

I called the courts and am told that they have been granted the stay and that the courts are writing to me to confirm this. I'm yet to receive this letter.

 

I'm going to read through the advice that you both recommended later today and hopefully get my request sent off tomorrow.

 

Thanks again

[bex1408]

I know i'm really late with this but i'm about to send the application for removal of Stay, i received the letter from the court only last week to say that it had been granted and i was away at the time. What is normal procedure once this letter has been submitted?

[Castlebest]

Hiya Bex, heres the info you need

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

 

pete

[bex1408]

Hi Guys

 

I've not really heard anything about this since it went on, but a friend of mine who started their claim much after me is now at the point to file at court. The bank from what she's telling me are saying that their complaints are being registered so should she just wait it out now for the test case to reach a conclusion? If the complaint is registered does the 6 year thing not apply because she's already started the process? She doesn't want to pay to file at court if she can help it understandably.

 

Thanks

[jowalshy]

From what I can gather, if you file now you can go back six years from now, and as the court process would have started I don't think that they can chop off earlier years because of the wait. If you wait until the outcome of the test case then you can only go back six years from the date you file your claim.

 

whether this is correct or not I don't know, but when the OFT announcement first came out, most people on here were advising you to file now in order to have the six years from now in order to avoid the limitations thing.

[Castlebest]

To be honest Bex I'm personally not sure.

 

When you write your preliminary letter to the bank asking for your charges back you are registering that you believe the charges are unlawful so in theory at that point the bank account balance is in dispute.

 

But it could be argued that the dispute isn't frozen until you get a stay placed on your County Court claim, or even a letter from HSBC saying they are not required to investigate your complaint until the test case is settled.

 

see what the other's think

 

pete

[bex1408]

Will do

 

Thanks for your thoughts Pete

[lateralus]

the statute of limitations has always been open to interpretation - and we've seen many, many cases where dg has nit picked over charges pre-court filing outside the six years - whether the test case has any bearing on how the sola is applied - i doubt - so what dg nitpicked on before - they probably will again - so yes, your claim going back six years from the date it is filed in court - so, if some of the charges are getting near the six year mark - then i'd advise go ahead and file the claim. interest will start if you put it in the claim - and hopefully the daily rate will continue up until it is paid if the oft case is successful - it's like a savings account!

[jowalshy]

Just what I thought Lattie.