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


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Hi Guys

 

This is the second claim i have with HSBC (this one for my current account that i'm still using) and last week i received a court date of 22/08.

 

I wrote to the court asking them to adjourn to give me more time to prepare as i only received the date on 26/07 and yesterday received a letter back from the courts asking for a £35 fee to refer to a judge for consideration.

 

What should i do? should i pay it or should i prepare and send my court bundle to DG. I've sent them 4 nudge letters whilst waiting for this date and they've not replied to me once (the most recent was sent on 26/07).

 

If i am to complete the court bundle - then this should have been submitted to the court and the defence yesterday but i think they would accept it if i were to get it there tomorrow due to only just receiving a reply.

 

What do you guys think i should do? in light of the test case it's unlikely they will settle isn't it?

 

Appreciate any words, thanks guys :)

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why yesterday - was it 21 days before your court date

best put up your court directions here for us to look - 21 days is odd - it's usually 14 or 7

so, if you are right and the c.b. should be in now - then just get on with it - it can be done in 24 hrs if you want to get it done. ask jowalshy for what she can send you - look at the thread for a step by step - and just get busy - do it - get it sent by sat. and it will arrive monday - put in a cover note that you've only just received the court directions and you apologise for it being a couple of days late - it will be ok - that won't turn the case - but if it's due - just do it - get it in - it is possiblecourt bundles for dummies - here is your step by step.

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Hi

 

Thank you again for coming back to me

 

Here are the direction

 

DISTRICT JUDGE DAVIES has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing will take place at xxxx on Wed 22 Aug 07 at Birmingham County Court.

 

  1. This case is one of a number listed on the same date. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date
  2. If the claim is settled, the claimant must promptly give notice in writing to the court stating that the claim is discontinued
  3. Any part may rely as evidence on a statment of case (if verified by a statment of truth). Evidence of witnesses will be given in writing only, by way of sword affidavit or witness statement verified by statement of truth
  4. Any witness evidence of documents to be relied on by the claimant muyst be filed at court and served on the defendant not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served on the claimant not later than 7 days before the hearing.
  5. It will not be necessary for any party to file or exhibit a copy of the oft report "calculating fair default charges in credit card contracts" though it may be referred to in written evidence
  6. Each party must provide its documents and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and the names of the parties
  7. No cross examination of witnesses will be permitted, except with the permission of the court
  8. No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence of fact as to the manner in which charges are determined by it).
  9. The claimant must include in her bundle of documents a full list of charges disputed, specifying the date and amount of each and the reason given for it
  10. If any part relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing.

I've sent jowalshy a link to this thread and asked what she can send me as you recommended. I'll also start working my way through the court bundle for dummies thread now and see what i can get done. Thanks again and any advice is massively appreciated

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Couple of questions if i can.

 

  1. In the court bundle for dummies. i should add my schedule of charges - is this from the date i filed the n1 so that the interest etc matches what is on the claim form. Sorry if it's a silly question i just don't want to mess up
  2. The australian default charges report listed as supporting document for the statement of evidence is going to a domain renewals page. Any idea where i can get a copy of this or should i just omit it?

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Thanks, have done.

 

Another if i can. I'm just about to download and print the t&c's. My account was opened in april 03. Which t&c do you think that i should print?

 

2002-09 ?.............. Extract. 3... 6.. dg photocopy.... 9....... 2002-09 HSBC T&C - part.pdf

2003-06 MCP18139 06/03. Changes. 10.. 10. scan of original 10...... 2003-06 HSBC T&C - changes.pdf

 

Thanks again

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Ok

 

I think i've done as much as i can. Am just waiting for the Australian thing from Jowalshy and hopefully for one of you lovely people to confirm the t&c that i need to add and then i think i'm good to go.

 

This is my contents - please let me know if i've anything wrong

 

  1. Statement of evidence
  2. OFT statement summary
  3. House of commons early day motion
  4. BBC Comission Conclusion
  5. Australian Default Charges Report **
  6. DPA SAR for evidence of manual intervention (this is just the SAR from the template right?)
  7. Correspondence from Claimant
  8. Correspondence from Defendant (1 letter lol)
  9. Statements highlighting charges
  10. Schedule of charges
  11. Relevant Law Case Summary
  12. Dunlop v New Garage
  13. UTCCR 1999
  14. UCTA 1977
  15. SOGA 1982
  16. HSBC T&C **
  17. Litigation details (this is 3 pages from the link on court bundle for dummies. I haven't titled or anything - does this matter?)

And i think that is everything? Thanks everyone :)

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I know.... i'm probably driving you mad.... sorry :p

 

Right - i've been rereading through the court bundle for dummies (probably a good description lol) and noticed that celicaman asked the question about t&c and was told to use the next ones after the first charge - so that's what i've done. First charge is early 04 and t&c are from aug 04. Do i need to add a later set too? have highlighted point 7.13.

 

Next question is that GuidoT mentions some other files do i need to add these? if so should i pm him for a copy (the bold are the things that i haven't got).

 

It includes the following:

1. Dunlop v New Garage case summary - gpt

2. Robin v Harman extract from Keating

3. Murray v Leisureplay transcript

4. Australian Unfair Fees report

5. BBC Money Programme Summary - is this the same as the comission conclusion?

6. House of Commons Early Day Motion - got

7. Peter McNamara Transcript

8. Unfair Terms in Consumer Contracts Act 1999 - got

9. Unfair Contract Terms Act 1977 - got

10. Office of Fair Trading Statement - got

 

Thanks again

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looks good, table of contents, cover page with names and claim number, all pages numbered (by hand, probably) and bound together one way or another and get it into the post with an apology to the court for being a couple of days late (postal strike and late arrival of your court directions)

- and send one set to dg with a cover note saying here is my bundle - would you like to make an offer - or words to that effect.

 

you'll have seen all this stay business being bandied about - just carry on as normal - but if you get notification from the court of a stay - be prepared to argue it by reading about removal of stays.

 

good luck.

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Sorry but I have to agree! Thats almost as bad as lats whales joke!

 

 

Just to make you feel better, how bad is this one?

 

What is the difference between a Rolling Stone and a Scotsman?

 

The Rolling Stone says, "Hey, you! Get off of my cloud." The Scotsman

says, "Hey,

McLeod! Get off of my ewe!"

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Scally is a slang term for a social subculture youth, similar to "chav", but with different origins. The term is used across the UK, predominantly in the north-west of England and particularly in Liverpool and Manchester to describe mostly young, working class people.

Often romanticised through TV programmes like Brookside and Bread, the word 'scally' during the 1970s and 1980s meant someone who was a pioneer in fashion trends, and someone who was resourceful beyond his means with limited resources to begin with. During the 1990s the term started to be used to describe a yob or a hooligan.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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