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Bromley County Court 24-Aug-07 Hearing


Noddy73
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Here is my court bundle

 

Section A: Statement of Evidence and Witness Statement

Statement of Evidence

Witness Statement

 

Section B: Schedule of Charges and Bank Statements

Schedule of Charges

Statements xxx

Statements xxx

Section C: CorrespondancesSection D: Authorities & Legal Materials

Relevant Case Law to Penalty Charges

Dunlop v New Garage

The Unfair Terms in Consumer Contracts Regulations 1999

Unfair Contract Terms Act 1977

Supply of Goods and Services Act 1982

 

Section E: Evidence - OFT Credit Card Default Charges

OFT's action on credit card default charges OFT842a

Calculating fair default charges in credit card contracts OFT842

 

Section F: Evidence - CLCV Unfair Fees

Unfair fees media release DL29

Unfair fees DL56

 

Section G: Evidence - Other

Early Day Motion From The House of Parliament

The Money Programme bank commission

Peter McNamara Interview

 

Section H: HSBC Bank plc Terms and Conditions

Terms and Conditions of HSBC Bank plc (Sumary from 2000 to 2007)

Personal Banking Terms and Conditions 2000

Personal Banking Terms and Conditions 2002

Personal Banking Terms and Conditions 2002

Personal Banking Terms and Conditions 2003

Personal Banking Terms and Conditions 2004

Personal Banking Terms and Conditions 2004

Personal Banking Terms and Conditions 2005

 

Section I: List of Previously Settled Cases

List of Previously Settled Cases

 

If you want anything please PM me and will email it to you. Please note some of the files are large > 1 MEG.

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My contents include:

 

Statement of Evidence

Copies of Relevant Correspondence

Updated Schedule of Charges

Duplicate Account Statements

Summaries of Relevant Case Law

Early Day Motion from The House of Parliament

Dunlop v New Garage

Unfair Terms in Consumer Contract Regulations 1999

Unfair Contract Terms Act 1977

Sale of Goods Act 1982

Office of Fair Trading Summary Statement

N. Rich – Report Re. Australian Penalty Fees

Office of Fair Trading - Unfair Standard Terms

BBC Interview Transcript – Peter McNamara

HSBC Bank plc Terms and Conditions

Summary of changes in the T&Cs pre 2002 – 2007

Examples of Settled Claims against HSBC

I don't think I have as much as Noddy but if anyone needs anything then give me a shout.

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Yeap. About five of us have final hearings and thought it would be good to have one thread for people asking questions as people are asking questions across a number fo threads.

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Abbey can ask for a stay, but it is still up to Bromley as to whether they stay your claim. Keep in touch with the court in order to see if anything changes. Also you can do a nudge to DG stating that as at xx.xx.xx all claims are going ahead at Bromley and you are looking forward to it. (bit of a bluff I know)

[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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Fax a letter to Bromley Court. Here is mine

 

I have read on the HSBC website (see attached) that they shall be applying to the court to put my case on hold while the test case is running.

They have asked the Master of Rolls for a blanket stay and he has decided not to issue one, but instead asked the Designated Civil Judges to consider staying outstanding claims on a case-by-case basis as appropriate.

Therefore if a stay is being considered or requested, I respectfully ask that a hearing be arranged so that both parties can present their individual cases regarding the stay.

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Try and delay them getting a stay. Also did they send you the N244 Notice of Application. Send them a letter requesting a copy of this and clearly state as you have not discussed or entered into a meanful dialogue regarding the stay you do not agree to it. You will consider agreeing to the stay if the following is agreeable to both sides...

 

PM me to takes this offline.

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a few links to keep handy

 

 

Form N244 - application notice

 

Guido T v Lloyds TSB ***DEFENCE STRUCK OUT - WON**** (multipage.gif1 2 3 4 5 ... Last Page) post 122 = request for judgment form and letter and instructions for it.

 

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

 

 

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

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hi

i am at a stand still now court bundle went on friday, same day got letter regarding stay but in the letter it stated that if a you was not sure about a open offer to ring them not quite sure what to do.

do i ring bromley court

or do i fill in a n244 form

or send a nudge letter

and suggestions?

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Sorry, it said what? "if a you was not sure about a open offer" I don't know what that means!

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skyeann,

 

I am in a similar position.

 

Stay letter

Was this from the court or DG? If from DG then call the court and see if a stay has been applied to your case.

 

Open Offer

Have you received an offer from HSBC. If not call them and ask them about it. Ask them to put it in writing and the date of expiry.

 

If the offer is nearly there, you could always ask them for a little more. Saves them time and money, saves you time.

 

We have been offered the charges but no interest or court costs. And now thinking whether to take the offer, ask for charges plus court costs or go to court for interest and court costs. Personally I would love a day in court, but this costs me money, so I need to think about the risk and possible reward (money).

 

PM or email me if you want to know more.

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Noddy, can we keep any other information on this subject to an open thread rather than private messages. I just think it would be useful for others to see.

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Freakyleaky. I am entering into "final chats" with HSBC / DG and will update the forum once these have been concluded (successfully or otherwise). So do not want the info to be public until it over (this Friday).

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OK Noddy. It's just the sooner people get information with regards to this the better, and they won't see it if it's all done via pm. I do understand your thinking though and Friday is not that far off.

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Right so you have had no offer then?

Ok well you need to find out if a stay has been applied to your case or if a stay has been applied for. If either is the case then you can apply to have the stay removed.

If a stay has not been impossed or applied for then carry on as normal and prepare for court on the original date.

This might be of some use

GOT A COURT DATE? A guide to the later stages

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Sorry have I read it wrong? I thought you had not received an offer?

 

Quote:-

"then it says please contact us if you are not sure wether you have an open offer or not which i have not or i would have taken it

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What I am saying. Is call them and ask them if an offer is on the table.

 

1. This confirms whether you do or do not have an offer and can present this in court.

2. They may give you an offer.

 

Better to be safe than sorry.

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Hello All

 

I have a hearing in Bromley on Friday, against HSBC. I have already submitted my bundle, and (surprise surprise) have not received any papers from DG, except a letter saying that they would be requesting a stay.

 

Just going through my old papers in anticipation of the battle ahead, and note that on a couple of ocassions going back to 2003 I have called HSBC re my charges and they told me that they were applied because "I had failed to keep to the terms and conditions of my account". I have loose scribbles re this but if I were to type up and then bring on Friday might they be accepted as further evidence?

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Well they will either allow it as further evidence or not but it won't do any harm to take them incase they do.

My thinking is the more information you have the better!

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hi only four days to go getting really worried now hope i have done everything right it just seems that everything has come to a stand still and i dont know which way to turn.

 

:???: :???: :???: :???: :???:

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