Silent1 Vs Hsbc

[thesilent1]

hello,

just got the following letter from the court:

 

it is ordered that

 

1. the claim is not allocated to a track but will be allocated when directions are given pursuant to par 8

 

2. AQs are dispensed with but the claimant must pay the allocation fee if claim is more than 1500

 

3. claimant shall by 29th of sept file and serve on the defendant a schedule setting out each charge of which claimant claims repayment together with an explanation of he basis on which the claimant claims that each charge is unlawful or any other basis on which the claimant claims repayment

 

4. if the claimnt fails to comply with par 3 of this order the claim will be struck out.

 

5 the claim shall be stayed between 29/09 and 27/10 to give the parties an opportunity to reach a settlement.

 

6. if no settlement i reached by 27/10, the defendant shll by 10/11 file and serve a schedule in response to the claimant's schedule stating in respect of each item claimed:

a. pusuant to which if any contractual provision such charge was made

b. if such charge is alleged to be lawful the basis on which it i so aleged

c. if it is alleged that the charge is a geniune pre-estimate of the defendant's loss incurred as a result of the claimant's actions (whether or not such actions are in breach of contract) all facts and matters on which the defendant relies as showing that the chrges are a geniune pre-estimate of los including the defendant's positive case as to actual cost of dealing with such actions and

d. draft directions for the further conduct of th case to be agreed with the claimant if possible

 

7. if the defendant fails to comply with par 6 of this order the defence shall be struck out and the claimant shall be entitled to judgement with ou further order.

 

8. if the defendant complies with par 6 ofthis order te above matter wiull be referred to a district judge for directions.

 

9. this irder has been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations. any party affected byt the order may apply to have it set aside varied or stay. such an application must be made not more than 7 days after the date on whih the order was served on the party making the application.

 

SO, WHAT DO I DO NOW!?!??!?!? LOL

 

thans all!

[freakyleaky]

Right as far as I can see you need to supply the court with a shcdule of charges that you are claiming together with the particulars of claim that you used when you filed your case with court.

Did you use a spreadsheet from this site to calculate your chareges? If not you need to put all the details of the charges you are claiming into the spreadsheet in the newcomers guide. Newcomer? Here's A User Guide

You need to send a copy of the Particulars of Claim that you used in your original claim.

You also need to pay the allocation fee of £100 if your claim is more than £1500.

These are great directions from the court as the judge is asking the defendant to show how they come to the figures that they charge if they are arguing that they are a pre estimate of their actual costs, which they are. So they will have no defence to that.

I will ask lateralus to have a look at this as we have not seen these directions for a while.

[thesilent1]

okay, so i have the schedule (spreadsheet with all charges, dates, descriptions etc?!) and also the POC when i filled in court. fee is not going to affect as less than 1500.

do you mean i do not need to send any kind of "bundle" yet? or as you mentioned that the defence is trying to use the "pres-estimate" route; do i need to find the bundle that relates to that?

[freakyleaky]

When the court ask for a bundle it is for a hearing and as yet there is no date for a hearing. They are just asking for a schedule of charges and the reasons you are claiming them (particulars of claim).

No bundle needed as yet!

[thesilent1]

sweet!!!

 

i was dreading the 200 comething pages to print off and number, etc!

 

thank you so much.

 

so, i will simply send them POC, and my charges spreadsheet? (to defence, court and copy for myself right?!)

[freakyleaky]

3. claimant shall by 29th of sept file and serve on the defendant a schedule setting out each charge of which claimant claims repayment together with an explanation of he basis on which the claimant claims that each charge is unlawful or any other basis on which the claimant claims repayment.

 

The court is not asking for a copy! It is just directing you to send to the defendant!

 

4. if the claimnt fails to comply with par 3 of this order the claim will be struck out.

 

5 the claim shall be stayed between 29/09 and 27/10 to give the parties an opportunity to reach a settlement.

 

During the period between the 29/09 and 27/10 you must do all you can to show the judge that you have tried to resolve this matter in the period the judge has allowed. You can send all the information requested by the judge and also a nudge letter or 2 to try and get them to reach a settlement.

[thesilent1]

finally, it all makes sense now! LOL

 

Cool, I will get that to the defence today. thanks!

[freakyleaky]

Keep us posted on further developments!

[lateralus]

hold on - just a bit silent1 - i want to look a little closer - i'll be back. but fl is right - it's great directions -

 

 

ok, let's kick this around - why could silent not use the new poc's - judge is asking for more - so give more -

 

we have til the 29th to get this sorted - so let's think about it-

my first instinct would be to submit a statement of evidence - incorporating the new poc's along with a schedule. ok, let's think this through.

 

 

 

 

 

silent1 - it really is pretty cut and dried by about the third time you read it - you do your submitting by the 29th - then he's giving 4 weeks to resolve (during which you'll write a couple of nudges) and they will undoubtedly ask for a stay - but this judge looks in no mood to grant a stay - so - if he doesn't grant a stay - you'll have your offer before their deadline - as they absolutely will not comply. so, just give us a day or two to kick around what#s best for you to submit - no time pressure - we have about 3 weeks - let's use part of it for thinking time.

[freakyleaky]

I hope you see lats post before you send anything Silent.

 

I thought you had to stick with the original POC's lat? If not then yes the new ones would be better!

As you say, no point in rushing a reply!

[Castlebest]

I belive the new POC's are just an expansion of the old ones incorporating the banks various terms and conditions in them, if thats the case it just expands and clarifies your original arguments.

 

pete

[lateralus]

it is ordered that

 

3. claimant shall by 29th of sept file and serve on the defendant a schedule setting out each charge of which claimant claims repayment together with an explanation of the basis on which the claimant claims that each charge is unlawful or any other basis on which the claimant claims repayment

 

quote]

 

it doesn't say send in the old particulars - it says an explanation - and i think the new poc's are an explanation of the basis on which....blah, blah

 

freaky - how's about asking garyh's opinion - i'll pm him(unless you have a magic connection you use!-lol)

[freakyleaky]

You can use the new ones as far as i can tell. It is only when it comes to the bundle that you have to use what you started with. I will ask Gary if you want but let me know so we both don't ask him the same question!

[lateralus]

you ask him then to take a look at those directions and see how he'd approach. it's so rare we get something that looks positive - don't want to blow it! and i'm sure silent1 doesn't want us to either! ok, you ask him.

[freakyleaky]

Had a word with GaryH and he agrees that they are very encouraging directions as the court are clearly not going to stay the case and HSBC will Not comply.

He recomends to use the new POC's but to re-head them as ""Statement in response to order of DJ xxxxx dated xx/xx/xx" Together with terms relied on and your scedule of charges.

 

Oh and you will need to send a copy to the court aswell.

 

Can you tell us what court it is?

[thesilent1]

Northampton County Court.

 

So can someone post a link to the new POC?

 

cheers guys

[freakyleaky]

Hi TS, here is the link for the POC's ~~## NEW HSBC POCs ##~~

[thesilent1]

Hey FL,

 

thanks for that link. So, that with the charges spreadsheet will be posted to defence solisitors and a copy to the court as well (since its a new POC?)

[freakyleaky]

Yes thats about it TS. Even though I can't see where it asks for a copy to be sent to the court I have been told on good authority that you have to send them a copy.

Don't forget you are reheading them as ""Statement in response to order of DJ xxxxx dated xx/xx/xx" ! Don't send them is as POC's if you see what I mean!

[thesilent1]

cool, thanks!

[thesilent1]

not sure where to put this but i have just got a letter from the court about another claim (me vs YesCarCredit) and the judge has given the same directions as above.

just thought to share that with every one.

 

PS - any news on PPI claims at all?

[freakyleaky]

Have a look at this thread TS PPI