HSBC (merged)

isa

Thanks, that's great, I'd worked out what it would be and it's only about £1 different to what they're offering.
After I accept and they send a cheque, I take a letter to the court saying that I'm ending it, is that right?
God, it's nerve-wracking!

jamescl

DG Solicitors (HSBC's in house I believe) have filed the following defence:

Saying that the charges are in the Terms and Conditions, are in a price list, denying that the charges amount to penalties in common law and / or unfair contract rules, that the charges were reasonable and properly disclosed, that they are not default charges and therefore cannot amount to penalty etc etc etc..

Should I be worried about this? the matter is set for trial local to me later this month.

nickmack

jamescl wrote: »

Should I be worried about this? the matter is set for trial local to me later this month.

Sounds like their standard defence. Do you have a copy of the Terms and Conditions?

jamescl

nickmack wrote: »

Sounds like their standard defence. Do you have a copy of the Terms and Conditions?

No, I need to get a copy I guess..

jojo1973

willenhall12 wrote: »

Hi, I have sent my first and second letter to my local HSBC branch and have had no response to the second letter at all and it is now over the 2 weeks they were allowed to reply in. I am now at the stage of the court letter but do I send that to the same local branch now that I have sent the others there, or do I send it to the canada square one? Thanks

I assume you got your first letter but no acknowledgement of the 2nd? Phone 08456 028006 which is the service quality team to ask what is happening as you have received no response to your letter dated XXXXX. I did this and had an offer letter within 2 days. They told me on the fone they will make an offer within 8 weeks from logging your 1st letter which takes about a week so if you sent 1st letter on 1st april then they will log it by 8th april then count forward 8 weeks from then and you should hear something but DO chase it up first by phone.

hamster4

Hi - Recieved the Notice of Transfer of Procedings today and a little scared that it has got this far! I am only trying to reclaim £269!! A lot to me but not to a huge bank.

HSBC have entered the following defence via DG - seems standard from the posts above:
1. The Claimant's account is governed by the Defendant's personal banking T&Cs.
2. Pursuant to the Defendant's T&Cs the Defendent is entitled to make a charge for it's service's as set out in the Defendant's price list, inc an overdraft review fee for considering whether to provide and providing an overdraft.
3. The Defendant denies that the charges applied to the Claimant's account amount to penaties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regs 1999 (UTCCRs).
4. The charges applied to the Claimant's account are reasonable and properly and fully disclosed in the Defendant's T&Cs and published price list. The charges represent the contractually agreed price for the service provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly, cannot amount to a penalty.
5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Serious. I guess I just need reassurance that other people have had the same response??

Do I just wait for a date now? Or contact the court?

jamescl

hamster4 wrote: »

Hi - Recieved the Notice of Transfer of Procedings today and a little scared that it has got this far! I am only trying to reclaim £269!! A lot to me but not to a huge bank.

HSBC have entered the following defence via DG - seems standard from the posts above:
1. The Claimant's account is governed by the Defendant's personal banking T&Cs.
2. Pursuant to the Defendant's T&Cs the Defendent is entitled to make a charge for it's service's as set out in the Defendant's price list, inc an overdraft review fee for considering whether to provide and providing an overdraft.
3. The Defendant denies that the charges applied to the Claimant's account amount to penaties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regs 1999 (UTCCRs).
4. The charges applied to the Claimant's account are reasonable and properly and fully disclosed in the Defendant's T&Cs and published price list. The charges represent the contractually agreed price for the service provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly, cannot amount to a penalty.
5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Serious. I guess I just need reassurance that other people have had the same response??

Do I just wait for a date now? Or contact the court?

EXACTLY the same as mine, which arrived today.

marilyna

Could someone give me some advice please?

The deadline to fill in my allocation questionnaire was on the 30th April. I filled it in, and took it to my local county court before then. I still have not been given a court date yet. I have rung the county court weekly, since I handed in the questionnaire, and get different responses each time I ring.

1. My case has not been referred yet, and they do not understand why.
   
2. HSBC has not filled in the allocation questionnaire yet.(amazing given the deadline was on the 30th).
   
3. The court has a back log and my case will be referred

.

The thing is, that nothing is moving, and I do not know what to do :mad:

I took the full name of the last person I spoke to. I blasted her, and asked her why I had been given a deadline, when noone seemed to be honouring it.

Can someone please tell me what to do. I do not want to be waiting for HSBC in December?

In the meantime, they continue to apply charges to my account.

Palerie-head

Hello fellow HSBC claimers!

Well, I called my friends (lol) at the bank today to ask them what was happening. I first wrote over 12 weeks ago and sent numerous letters but only had 1 acknowledgement letter. So, I filed on MCOL and they entered a defence. The claim has now been passed to my local court, with the AQ dispensed with.

Nothing heard from my local court so I phoned them and they said I should have a date within the next week.

I've been reading on here that people have been speaking with their banks and coming to some arrangement, so, being a little apprehensive about the whole court process, I decided to call them.. I have to say that they were very nice and friendly - and I was told that as the matter had been passed to court then they can only communicate through the court. The lady I spoke with also said that only 1 case has actually gone as far as court before people drop their claims and the 1 case that did go to court got thrown out.

Basically, the implication was that if I dropped the court case (which they suggested I had no chance of winning based on the 1 case that has been thrown out) then they would speak with me about it, but not until I dropped the case.

This has made me even more determined to keep on plodding and wait for my fair outcome.

Good luck to everyone else, I'll let you know about any developments! x

ss1973

shelley24 wrote: »

Im in the same position, received notice of transfer with nothing else to say what i should be doing, so my answer, do nothing except send a well worded nudge letter to DG. I havent heard from the bank or their solicitors since starting the claim and i dont expect to before August! The advice i have been given is to send a nudge letter every 2-3 weeks including your charges summary.

A lot of the judges are taking up the view that the bank are taking the mickey out of the court system and are making it more difficult for them.

Good luck, ill keep you posted

Anyone got a date for Cardiff Civil Court August 14th, Higginbottom i think the judge is?

Thanks for the reply everyone - I was previously waffling.... I've found their details on the defence.... I am blonde, please forgive me!

Anyone have a template of a "nudging" letter?

I'm off to Newcastle County Court on 28th August if there's anyone else out there.

S