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Preliminary Hearing Regarding Bank Charges Claim - Advice Please.

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  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    If you don't go your case will be thrown out and I'd say there are 3115 points as to why you should go!

    A Preliminary Case is to decide which way your case and probably a few other bank charges claimants will be there as well. Take along your detailed list of charges, statements and any correspondence from the bank and be prepared to object to the bank asking for a stay.
  • Stokey125
    Stokey125 Posts: 671 Forumite
    BabyDiesel wrote: »
    Hi all,


    What?? Is this really the way it goes? I know its northern ireland but id have thought it wouldn't have made such a difference as to the courts not knowing what im on about?!?!?!


    Allocation Questionaires are part of the court procedures in England and Wales
    I am not sure that the same procedures apply in Northern Ireland. My recollection is that the rules that they come from did not extend to Northern Ireland. I am not sure what the procedure is in Northern Ireland.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • Well I received a letter from HSBC's solicitors telling me they've requested a stay so I phoned the court and asked if it has been and the lady said that the Judge in Romford is fairly sympathetic towards bank charge cases and will not stay my case.

    That's made me pretty optimistic but I'm trying not to get my hopes up too much...
  • rogan
    rogan Posts: 8 Forumite
    hi
    ive just been to court this morning against barclays. they got a stay. the judge said that all cases are being given a stay until the test case has been heard. trouble is now i dont know what to do next!!! he said i have until one month after the test case is esolved or oct 08 whichever is the soonest to act except i dont know what to do.
  • rogan
    rogan Posts: 8 Forumite
    Iainain wrote: »
    Hi all,

    I have a preliminary court date on the 17th, taking HSBC to court over the sum of £3115. With the OFT case, is there any point me actually going? I haven't heard a murmour from the court if it's been stayed or not...

    Assuming it goes ahead, what exactly should I bring? I've heard people discuss their "bundles" wwhere do I find more info on them??

    Thanks
    hi
    you have to turn up or your case will be struck out!!!! it takes about two minutes and they didnt ask to see anything at all- just told me all the cases would be given a stay until the test case is heard which he said could possibly be in the autumn
  • rogan wrote: »
    hi
    you have to turn up or your case will be struck out!!!! it takes about two minutes and they didnt ask to see anything at all- just told me all the cases would be given a stay until the test case is heard which he said could possibly be in the autumn

    This whole issue has become so draining.

    I told all my friends about reclaiming charges once I started the process, all of them got their money back within 3 months... Me? Here I am 6 months later, about to take a day off work to go to court to be told by a judge that I have to wait another 6 months.

    Enough to make a grown man cry I tell you.
  • mattee77
    mattee77 Posts: 105 Forumite
    has anyone got any advice for me, I am due in court tomorrow to reclaim charges from HSBC, they have applyed for a stay but i have spoke to the court and they still say i need to attend , its only a preliminary hearing (10 mins) havent a clue what to take or say, never been court before. PLEASE HELP
  • lindilou39
    lindilou39 Posts: 927 Forumite
    You probably wont get a chance to say anything anyway.
  • JAY4_2
    JAY4_2 Posts: 8 Forumite
    Take two copies of everything that you have done.
    eg letters, bank statement, copies of court papers, and really everything that you have had submitted or received.
    Normally the court would have advised you to send in the Court Bundles two weeks prior to the hearing and also one to the Bank.
    Did they not do that?
    I am in Court 31/8/07 and sent my copies to them on the 17/8/07. I received a letter from the bank that they have applied for a stay, but my court office says that if I do not hear otherwise it will go on.
    What papers have you got from the court:confused::confused:

    How much are you claiming?

    **EMAIL ADDRESS REMOVED as per forum rules**
  • Yargo1
    Yargo1 Posts: 1,047 Forumite
    Debt-free and Proud!
    HI im just back from Northampton court, was going against Natwest. Case stayed. hmm, judge has put that i can apply for trial 14 days after the oft test case announcement. Not a happpy bunny, what a waste of time attending . Im sure youre case will be the same. I was very nervous, had the natwest chappy being very friendly to me before i went in. Judge is lovely though, normal person just not happy with his decision.

    Good Luck
    DEBT FREE - MARCH 2012 - NOW JUST THE MORTGAGE!
    MFW 2012 No.148:£1600 / £450.00
    Mortgage - 102,57.16
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