New here - and got a Court Date

[stretchmark]

Hiya,

 

My case (for about £1200 inc interest) is on 6th Sept in Worcester.

 

HSBC did offer £720 which I said I would accept if they added on the £120 it cost me to start the Small Claim. They replied saying that as I refused their offer they had no alternative to see me in court. I repled saying that they were mistaken - I was happy to accept their offer as loing as they increased it by £120. No reply to that.

 

Anyway - I haven't been asked for any other info by the court, so I presume I just turn up and explain what's happened....

 

Any advice about any preparation I could do. (Actually I'm quite looking forward to it. I really do disagree with these charges - especially the bounced standing order charges which are ofr=ten due to the banks not paying standing orders on the date specified - if that date happens to fall on a weekend!).

 

Cheers,

 

Stretch

[jowalshy]

what sort of hearing do you have. Could you possibly post up what was on your notifcation letter from court

[stretchmark]

Hi,

 

I got a 'Transferof Proceedings' notice first - which transferred the case from Northampton to Worcester. Then an 'Allocation to the Small Claims Track' notice.

 

Does that make sense?

 

Stretch

[stretchmark]

Wow ... the more I read on this forum, the more confused I am becoming.

 

I followed the steps outlined by Martin Lewis on his site and have ended up with a court date. His advice kind of peters out when it comes to court and he refers us to this site, so here I am.

 

Re-reading the letter with the court date it looks like I should be sending some paperwork to 'all parties'. Presumably that's the HSBC solicitors. Anyone else? And apart from the statements, the letters from the bank and my replies I can't think of anything else I am going to need (and yet some people talk about sending over 300 pages of stuff!)

 

Also, I can't tell if this 'Stay' thing is likely to mean that we get to court and then get no resolution. I'm just hoping the other side don't turn up!

 

Any advice gratefully received!

 

Cheers,

 

 

Stretch

[jowalshy]

The paperwork that they are refering to is what we call a bundle. this is made up of various items. I will go and find the link for it and post it up for you. and yes you need 3 copies. One for court, one for DG solicitors and the original copy for yourself. It can be more that 300 pages!!!!

[Audreygreeneyes]

hahaha mark if oyu need to do the full bundle its approx 600 pages. you need 3 copies, 1 for you 1 for the court and 1 for DG..........

 

but as Jo says what have the asked for?

you might not need the full bundle...........

[jowalshy]

Here is the link to the stuff you need for a bundle. This will need to be sent to DG and the court 14 days prior to the hearing. Check before you start printing it all off as to whether your case is being stayed though.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[stretchmark]

Thanks for the link and replies. Much appreciated.

 

Better add on the cost of the printer cartridges for all the copies!!

 

Will check on whether there's a stay though. If it's going ahead and I've got 14 days (presumably not working days) then I've got 8 days to sort it all out.

 

Cheers again,

 

Stretch

[jowalshy]

Just have everything ready to be printed off about four days before the 14 day deadline. Give the court a ring at the end of this week and ask whether your claim has been stayed. (No the 14 days is not working days). Once you have got together your bundle ready for the print off, post up what you have here and we can see if you need anything else.

[skintcumbrian]

Check the wording on your directions. That is, the order that comes with the allocation to the small claims track. Mine said 'within 14 days of service of this order' NOT 14 days before the hearing.

 

Include in your bundle a denial of stay letter too with good reasons why staying the case would cause hardship, further decline in your financial affairs, etc. If you are on WFTC show how much of your benefits do/will go on charges if the case is stayed, potentially indefinitely.

 

I'm wondering about creating a tool to estimate the amount of charges and interest that could be levied on claimants by Jan 2008, and then estimates at 6 month intervals for 5 years with a approx timeline showing the case going to Appeal, the House of Lords etc. I think it's time to show the courts, press etc what effect these stays could potentially have on people if the case goes all the way to the Lords and takes months or years to resolve. Just a thought as I prepare for my final hearing (again!) tomorrow.

[stretchmark]

And today (21st Aug) have received a letter from DG stating that they intend applying for a stay.

 

Not sure what my options are now. Have got 1 day left to send my 'bundle'.

 

Getting really fed up with the whole thing now. I wish I had accepted the offer earlier ....

 

If I want to object to the stay - do I have to wait until I get notifocation from the cdourt that it has been 'stayed' or is it best to write immediately to DG and the court objecting to the fact that they are applying for a stay.

 

This legal stuff is a steep learning curve for us lay-people!

 

Stretch

[Audreygreeneyes]

this is jsut a thought but as far as I am aware wftc is not actually a benefit, ti is paid from the inland revenue and not the benefits agency and there is a huge distinction here............

 

the onyl things that are actually counted as socical security benefits are Jobseekers allowance, income support and there is another job seekers one...........they are the only ones classed as s.s. benefits and are paid by the WP..........

 

all the others like wftc. child tax credit, dla, attandance allowance and all these things are are paid by other depts and are not counted as s.s. benefits............. but I could be wrong........might be worth checking out fully........

 

 

how recently did they make the offer? and its ok 1 day is fine to print off everything you need. remember this is the effect they are hoping ti will ahve on you and that you will give up................

[Audreygreeneyes]

you can strat preparing your stay request so that when the letter actually arrives all you ahve ot do is print it off and hand it in or email ti or fax it....................

 

IT IS VITAL YOU HAND IN YOUR COURT BUNDLE....... it will put you in the driving seat adn not DG.....................trust me they will nto submit one, which is in your favour:):)

[stretchmark]

Thanks AuburnGreenEyes!

 

Have just faxed DG - advising that I intend to object to a stay and repeating my offer to accept their offer as long as they increase it to include the £120 I paid for the Small Claims Court.

 

Lets see what they do now.

 

The really annoying thing is that I've just been offered some lucrative work in London - but it's on the same day as the court case ... so I'd rather settle now if poss, and then do the work. I'd be even more angry with HSBC if I had to lose the chance to earn some money because I had to go to court for 1 minute to hear that the case has been stayed ...!

 

Stretch

[Moschops22]

Hi

 

I have a court date at Worcester on the 6th September aswell. I haven't heard anything from DG Solicitors yet (touch wood) and have just sent off my bundle. I'll keep you informed of my situation.

[Audreygreeneyes]

Mark your call, but if you did not include that little gem with the info you sent ot the court........... I would fax it over first thing in the morning.............. if oyu have written proof of htis work send that as well.............. pointing out that you are having ot turn down this work.............in order ot attedn the court and if they matte was stayed it would seriously affect you......

 

jsut a thought it might be worth a go..........

hang on to th e paperwork for that job and you might just be able to use it in a wasted courts cost claim.......:)

[stretchmark]

No response from my fax to DG. Yet.

 

So I put a great big notice on the from of the court bundle saying:

 

"Please note my strong objection to the 'stay' proposed by HSBC's solicitors. By attending court on 6th September I will lose the opportunity to work for 6 days in London (it was 6 days or nothing) on 5th - 11th Sept in which time I could earn £XXXX. So it would add insult to injury to have the case 'stayed' !

Let's sort it out now please.

Thank you"

 

It's being posted tomorrow.

 

And Moschops - I'm on at 2pm on the 6th Sept. What time are you on at?

 

Stretch

[Audreygreeneyes]

to be honest mark do nto expect a reply in 8 months I have onyl had 1 letter form them. adn it was telling me of the stya application.................

[Audreygreeneyes]

send a copy of that to the court as well

[Moschops22]

I'm on at 2 too! Just got home after posting my bundles and I have recieved a letter from DG for a stay. Not a clue what to do now:(

[stretchmark]

Well Moschops - unless we hear otherwise ... I'll see you there. I'll wear a badge that says 'Dastards' on it. (it could refer to HSBC - but actually it refers to the band I manage .. The Dastards

 

Cheers,

 

Stretch 8-)

[Audreygreeneyes]

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

 

go there for a kick off mos and also file a N244. ahve it all fille din adn ready to go as soon as you get written notification that is has been stayed then hadnit in or post registered ofcourse..............

[stretchmark]

Got a letter from the court toiday saying that the Stay will stand.

 

I can apply to have it set aside but must pay £65.

 

I can't really afford to spend any more money on this - but will do if other people have had any luck with it ...

 

I'm so fed up - as I could have gone and done the London job and earnt some money as the court date has now been 'vacated'.

 

It really feels as if the the Courts and DG/HSBC are conspiring against us ...

 

Stretch

[stretchmark]

Has anybody had their request for a stay to be set aside upheld?

 

Or is it a waste of time and money to even try?

 

 

Stretch

[Audreygreeneyes]

Hi Mark,

 

I would try phoning the court back and quoting the the majority of courts have wiaved the fee in these cases.....

 

would also considering adding the loss of earnings to the claim.........there are a couple who have had itpassed higher up the line ot a seinor judge and are awating word back,but as for those of us who have applied for hearings there hasnt beenon for this specifically yet. most have been done as part of the hearing........ so its hard to answer.........

 

at the end of the day its your call...........I know that if you are in receipt of certain benefits the charges are also waived........... hope this helps a bit.áge