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Lionbar Vs HSBC


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Hi there everyone.

 

I've been very busy this month and have unfortunately lost track of things.

 

I have received a notice of allocation to the small claims track (hearing) form and am not sure what needs to be done at this stage other than sending all my statements and charges schedule to DG (already done) and the court. Is there anything else that I can do to help the decision go in my favour?

 

I am also getting a little worried about what to say in front of the court, I know it will only take a few minutes but i need to get my head around the best way to approach this, any advice would be much appreciated.

 

Thanks in advance for any replies.

 

Joe

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I've just been reading through the FAQs and have realised that I have not received an allocation questionnaire, it looks like this is normal practise but i'm getting really quite anxious to be honest.

 

Since DG entered a defence against my MCOL i have received a letter from MCOL saying that the AQ be dispenced with and the letter shown in my earlier post.

 

What should i expect to happen from here?

 

Thanks

 

Joe

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Thanks for replying Pete,

 

I think something might be missing, I have one letter saying...

 

District Judge has considered the statements of case and allocation questionnaires (no AQ completed by me) filed and allocated the claim to the small claims track.

 

Each party shall deliver to every other party and the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.

 

Is this of any use?

 

Thanks Pete

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Don't appologise! What did you post anyway? Was it rude? If so send it to me in a PM!:D

 

Hows the bundle going?

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Oh good, I thought I was in trouble there for a moment! It was nothing rude unfortunately, nor was it remotely amusing!

 

I was trying to ask if my schedule of charges was adequate for my court bundle and copied it in from excel, which didn''t work :( Oh well. I think it's alright though.

 

As for the bundle itself, I'm making good progress thanks to the court bundles for dummies thread, just working on my statement of evidence now before i get stuck into some serious photcopying!

 

Thanks for not banning me from this forum!

 

Joe

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If you need any help or if you need anything else for your bundle which may be missing from the dummies thread, just ask.

  • Haha 1

[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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You would have to do alot worse than that on here to get banned!:D

Just have a look at Auburngreeneyes thread if you want to see bad behaviour!:)

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

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Which guide to the Sale Of Goods Act

 

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And if you want to hear some music (thats if they haven't deleted them all now)

[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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Ok, I've thought of another way to ask this question...

 

My schedule has the following columns: Date, Charge Amount, Interest (8%) and Total. It mentions in the bundles for dummies thread about a name column, is that really needed seen as the narrative for every charge is "notified fees/Charges"?

 

Also another thought has come to mind, should i recalculate the interest as it will have changed since i did it initially, but then the amount i am claiming will be different.... Perhaps i will stop thinking and life will be a lot easier...

 

Cheers for the introduction to auburngreeneyes thread, i'll keep reading through it as it's quite a long one!

 

Thanks all :)

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Firstly, read auburns thread from the last page to the first!

 

As for the names of the charges, this is something that has been done ever since the solicitors and the banks started asking for a complete breakdown including description of the charge. So yes it is necessary.

 

If you ar eworking out your charges then you must come up with the same figure you initially claimed for. You can do this easily by resetting the date on your computer to the date you originally claimed. The spreadsheet will work it out to that date and it will work out as the same figure. The only thing that will alter is the daily rate of interest and you can only claim that if you stated you were doing so in your particulars of claim!

  • Haha 1

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

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To reset the date of your computer:-

 

1. go to where it says the time (bottom right hand corner)

2. right click mouse on it

3. select the adjust date/time

4. change the date to when you filed your claim.

5. Hey presto your computer now thinks it is the same date you filed your claim and your schedule should revert back to the claim figures.

[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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The good news it that i have been organised with this and have kept everything in a file, i've always used the same schedule of charges so there's no problem, just need to add the description.

 

I've clicked on your scales, but i will have to click on Pete's as well because he's helped me a lot too, so i'm not sure if that helps you much!!! lol :D Sorry Celica, i dont think we've had the pleasure....

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Hi All,

 

I have a question about my Statement of Case, in particular to part 7 where it says:

 

"The Claimant further submits that the Defendent's contention that the charges are now a legitimate service charge represents a contradiction to materials published by the bank previously"

 

As i do not have anything from them that states otherwise, should i leave this part out completely?

 

Thanks

 

Joe

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Oh not another question surely, indeed it is!

 

Further to the above (is anyone online today??) section 18 where it states:

 

"On numerous occasions, the claimant has requested that the defendent justify its charges by providing details of the costs incurred as a result of my contractual breaches. Each time those requests were rebutted or ignored."

 

The same as with Nwanda i have failed to request this and have only requested a breakdown of the charges debited from my account.

 

Should i leave this bit out altogether or is it vital to the case?

 

Cheers

 

Joe

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Hiya Joe,

 

Part 7. this refers to HSBC's terms and conditions, you can download those on this site so leave it in

 

Part 18 refers (if you used CAG templates) to your preliminary letter and letter before action (and any nudges if you have done any) so again leave it in but maybe take out "On numerous occasions"

 

pete

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Ok, i'm nearly there now with the S.O.E. but i've just had a thought. I opened my account in 1995 and have included the 1996 t&cs, are these the correct ones to use or should i use the most up to date version (as i am not sure if they have sent me revised t&cs since 1995)

 

Thanks

 

Joe

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Hi everyone.

 

1) I've just downloaded the most recent HSBC terms and conditions and i cant find anything in there relating to bank charges for exceeding overdrafts. Can anyone direct me to the clause that is relevant? I am about to include these within my court bundle in addition to the 1996 t&cs that were issued when i opened my account.

 

2) what does SOGA & UCTA stand for? Cornflake has included these in her court bundle but i only have the stuff in Latties PDF, do i need these?

 

3) What is page 4 of the court bundle pdf all about, i cant seem to link it with anything in my statement of evidence, the same goes for the lloyds tsb letter (page 162)

 

4) How do i work out the daily rate of interest to be paid up to the date of judgement or earlier settlement?

 

Sorry for the long list of questions, here's a joke to lighten the mood...

 

I bought a train ticket to France and the ticket seller said "Eurostar" I said "Well I have been on telly but i'm no Dean Martin" :D

 

Thanks

 

Joe

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Hi Joe. Sorry you have had no response so far. Give me an hour and I will come back and help you out if you still have no answers!

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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