Medcalf -v- Hsbc

[meddyuk]

Hiya All,

 

Just had an acknowledgement of service from the courts saying DG will defend the claim. I also had a letter from DG, which pretty much looked like a standard letter i would receive from the bank, stating that they are aware of my complaint, but as the case is at the house of lords, they intend to apply for a stay. This is what i expected.

[jowalshy]

Exactly what most people get I'm afraid.

[Castlebest]

Hiya Meddy, couple of notes for you

 

Hiya All,

 

Just had an acknowledgment of service from the courts saying DG will defend the claim.

Drop DG a note enclosing a copy of your schedule of charges, the court don't normally send a copy to them and it will save them moaning they haven't got it later on .

I also had a letter from DG, which pretty much looked like a standard letter i would receive from the bank, stating that they are aware of my complaint, but as the case is at the house of lords, they intend to apply for a stay. This is what i expected.

They wish looks like DG expect the banks to loose round one of the test case too, Meddy the test case is still in the high court at the moment, its not got to the House of Lords yet

 

pete

[johnnymitch]

(from Pete) Drop DG a note enclosing a copy of your schedule of charges, the court don't normally send a copy to them and it will save them moaning they haven't got it later on .

Don't forget to send it 'recorded' and keep the slip ,Meddy - just in case they claim not to have received your SOCs ..... as they so often do

 

They're getting a bit ahead of themselves pete, - you'd think, being solicitors and barristers they'd know the state of play , eh? - House of Lords indeed! LOL!

[meddyuk]

Ok Ok i get it....mental note to ones self....High court! not house of lords...must have been having a blonde day.

[Castlebest]

[johnnymitch]

[meddyuk]

Hiya guys.

 

HSBC and DG have filed a defence with the court. it basically states that HSBC is entitled to make a charge for its services and it sets this out in its price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

 

They deny the charges and say that they are reasonable and fully disclosed within my terms and conditions. They say that they are not default charges and cannot amount to a penalty.

 

Where do i go from here???

 

Meddy.

[jowalshy]

Hi Meddy. There is not alot that you can do now apart from wait for a court date. You might find that DG will apply for a stay of proceedings (put your claim on hold) until the outcome of the test case. Hopefully the outcome of this case will be appear in the next couple of months.

[meddyuk]

Cheers Jo,

 

another query.....im in the navy and i sail for the states on the 31st of March. Im due back around mid June. Do you think that a court date would be during this time.....if so what do i do if im away?

 

meddy.

[jowalshy]

It really depends on your local court. With some courts it can take up to 3 months to get a date. Do you have anyone that can let you know what is going on with the case whilst you are away. If your date does come up when you are away, you can request an adjournment to when you are available.

[Castlebest]

Hiya meddy, I think you said your wife will be at home while your away, there is no problem with writing to the court when they give you a court date and telling them your a member of the armed forces serving on a ship until (whatever date) and asking if they will schedule your court date after this.

 

pete

[meddyuk]

Hiya All.

 

I got a letter from the court stating that the case has been allocated to the small claims track and that the claim is being stayed pending the fidnal determination of the OFT test case. How do i go about getting the bank to stop charging me during the stay?

 

Meddy

[johnnymitch]

With great difficulty I'm afraid meddy, - I've only known of one case where it was granted and that was early on after they started staying cases. (Luton CC as I remember)

You are entitled to request the court should put a bar on them charging whilst the test case is unsettled ,but I don't hold out much hope of it being granted.

I think you'd have to do it now as part of an objection to the terms of the stay - so it'll probably cost you..........

 

Just make sure you keep adding the charges to your spreadsheet and amend your claim when the time is right.

[meddyuk]

Hi there.

 

As discussed previously in my threads, im in the navy. Ive been away most of this year, but understand that there were some developments from the test case. I had a letter from HSBC stating that they were successful in saying the charges were lawful.

 

Whats the crack now then?

 

meddy:confused:

[sea-sidelady]

There have been a few like that sent out. Have a look here on the OFT thread. All updates are posted on there.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

[johnnymitch]

Hi meddy .,

Nice to hear from you again

Hold onto that letter mate, it's a blatant lie - the case has not been finalised yet and the banks lost the first round..... they're dragging it out on appeal. The latest I have on it at the moment was a meeting of 7th/8th july :

 

BBC NEWS | Business | Decision awaited on historic fees

 

Come back if you've any more questions, mate, there's always somebody around to answer....

[Castlebest]

Hiya Meddy, I would like to see a copy of that letter are you still "out of the country" or can you or your other half scan and post a copy?

 

pete

[meddyuk]

Hiya Castle.

 

Yeah im back for the time being. I can post it or scan it if you give me the details. I was searching some of the other posts regarding letters recieved and it certainly looks like one of the many that other people have received.

 

Meddy.

[meddyuk]

Hiya Guys.

 

Just thought you might be of help. Ive currently got 2 overdrafts on the go. One on my account and the other on the joint account. Ive stopped using both accounts, because of the unfair fees and have got my accounts elsewhere.

 

The thing is, HSBC collections department, keep ringing. NOt just once a week, but twice a day. I have started a direct debit to reduce the amounts each month, and ive explained on several occasions that i have got both accounts in the county courts, but they wont listen. They just keeping harping on about paying off the full amount.

 

1. i cant afford to do this.

2. the amounts that the overdrafts are for are the amounts that i am claiming for in the courts.

 

The missus is getting really upset about the phone calls. Where do i stand with this.

 

looking forward to your replies!

 

Meddy.

[jowalshy]

I noticed that someone had posted about a possible solution to your phonecalls on another thread. They suggested (and if you use online banking) to delete your phone numbers from their records. Whether this works I do not know personally, but it might be worth a try.

[citizenB]

I noticed that someone had posted about a possible solution to your phonecalls on another thread. They suggested (and if you use online banking) to delete your phone numbers from their records. Whether this works I do not know personally, but it might be worth a try.

 

Alternatively, you could replace it with a different telephone number.. say the local trading standards office.. Just a thought

[HSBCrusher]

I noticed that someone had posted about a possible solution to your phonecalls on another thread. They suggested (and if you use online banking) to delete your phone numbers from their records. Whether this works I do not know personally, but it might be worth a try.

OR even enter "new" numbers

[HSBCrusher]

Alternatively, you could replace it with a different telephone number.. say the local trading standards office.. Just a thought

flippin' ell... you know what they say about great minds

[jowalshy]