Heard from your bank/court about your claim being restarted? Please let us know.

orc_2

bigbadbri wrote: »

that and mail HSBC an anomynous fresh turd everyday

A sense of humour is a much needed attribute!

BR54

suppose all i can do is wait for the particulars to be given on MSE (that and mail HSBC an anomynous fresh turd everyday)[/QUOTE]

That is the funniest thing I've read for ages.

mackers8923

Letter came today,

"We are satisfied that the bank charges you seek to reclaim were properly charged and the outcome of the legal proceedings confirms our position"

"We cannot, advise you on how to progress your case in court but you may find it helpful to consider the information available about bank charges and the legal proceedings on the OFT website"

esmerellda

which bank ?



REF the HSBC ones, I'm not sure whether it is better to be proactive and get in before the judge looks at the letter - the court SHOULD set a hearing for dismissal of the claim so you can defend it - but if you POCs are based only on penaltys and regulation 6(2) and only price issues then it could well be struck without hearing.

You do need to amend your Particulars of Claim. HOPEFULLY Martin will have some form of amended POC when he publishes the 'formal advice', we can only help people individually for the moment if it becomes imperative they enter amendments.

Dan_Bailey

Received my letter from Nationwide today, a little confused as my case was actually sat in court in July 2007 as the stay was put in place, however letter seems to refer only to my complaint lodged with them, no mention of my particular small claims case.

Without typing the full letter word for word, it basically explains the courts decision that charges cannot be assessed for fairness under the UTCCRs, that they believe their charges were properly charged, and I will not be receiving a refund.

However, below that they also mention -

"If your complaint relates to an issue of fairness other than the amount of the charge, or if you believe that there are other factors that should be taken into account in the way we have considered your complaint, please let us know so we can review your concerns. If you are still not satisfied you may then approach the FOS for an impartial, independant assesment of the situation".

This seems to be slightly different to letters received from the other banks above, just wondering if there is any scope to argue on any other points or regulations if I wish to alter my POCs?

They've given me two months to reply with anything further...

chipbeck

Got my letter from Barclays yesterday telling me it's all over.
Ten past eight this morning get a call asking me to pay the balance left on my account (all charges) as I dont bank with them anymore. Told them I was going to work and would think about it.
I've thought about it and as my case is still in a stayed state at court I think I'll tell them nothing has changed in my eyes.

esmerellda

These letters are coming out to everyone with a complaint in at the bank. Court claims will be dealt with seperately. If you receive one of these letters, and specifically if they are hassling you to pay up overdraft charges which you are claiming for, then you need to respond breifly reminding them your case is in court and still very much in dispute.

That is IF you want to continue the fight. Its not going to be easy or a cut and paste job and will require attendances in court to argue the case. You will need your statements and the cases will be very heavily individually based and tailored for specific banks.

In a couple days it may be an idea to contact your court to see if the bank has entered a strike application against your claim as well as the generic template letter they have sent you.

carcos

Hi esmerellda
Finally got a response from court today.

Notice of Hearing

TAKE NOTICE that the allocation and directions hearing will take place on 26th February 2010.at kingston-upon-hull county court.
When you should attend
30 minutes has been allowed for the hearing

Please Note: This case may be released to another judge, possibly at a different court.

to consider both the claim and defence in the light of the decision of the supreme court of 25th November 2009 in the case of T-V - AbbeyNational & others.

Any info would be appreciated

Regards

esmerellda

Hi

have seen your post, can you make ur own thread (either here on or legalbeagles) with your POC,AQ etc on (ie whats happened to date) and will look at the overall situation with you. Theres a number of hearings taking place on the 26th at various different courts, and they will be directions hearings basically - we want to enter a witness statement with draft directions that you desire in advance - basically permission to submit amended particulars as the test case doesnt cover your entire case. You dont have to get anything in to court till 12th ish of Feb.

Back soon

Ame
xx

carcos

Hi Again

Allmy POC, AQ are on this thread in earlier posts, which you have helped with.
If you want me to start a new thread it won't be a problem, might just take a whilke.
Laptops playing up.

Regards