Bank v Myself - Help need for Amended Witness Statement Please

[stevemLS]

Re: Bank v Myself - Help need for Amended Witness Statement Please

On the face of it, I don't think would not be able to apply for more time on the basis that you do not believe full disclosure has not taken place. In the ordinary course of events you would have no disclosure at all at the point at which you had to lodge your defence.

The only way to get more time would be to apply to vary the last order.

If you are to avoid any sanction for not complying, you MUST get any application in before the time limit expires (re Mitchell)

[Amethyst]

Re: Bank v Myself - Help need for Amended Witness Statement Please

It is tricky and I don't know how you would do it. If you try and submit the estoppel arguments as a defence, without formal legal help, I would have concerns that the arguments wouldn't stand up.

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Thank you stevemLs and Amethyst for all of that...what an absolute mess I`m in :-( How do I make an application to either ask for more time or to apply to vary the last order please?
I should just add that Jessica Gorst-Williams of the Daily Mail telephoned me on Friday last, but unfortuanately I missed the call...she left me a lovely message apologising for not being in touch sooner, but she has been rather manic and has had a Family bereavement, she said she is very interested in my case, but said she believes that the FOS should sort this one out and to use her name ...but that doesn`t really help me for tomorrow :/ xx

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Do you think I should submit an Amended Defence but with mention that I may need to amend further upon receipt of the documentation from the SAR? Is that possible? xx

[stevemLS]

Re: Bank v Myself - Help need for Amended Witness Statement Please

You would have to do it on a standard N244 Application Notice (and pay the fee).

I don't think the court will order any delay pending full disclosure - your defence should not be dependent on disclosure as I mentioned above. I can't immediately think of another peg to hang it on so it may be that you will have to say that the reason is your needing to clarify the extent to which disclosure had been made, or similar.

You then need to go through the previous order and push back all the dates by 2 weeks, or whatever period you are going to ask for - you need to make sure every date is pushed back by an equal amount.

It might be easier to retype the whole thing with new dates and submit it as a new draft order.

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Thank you so much stevemLS, that`s what I will do, I will retype the whole order and submit that along with the N244 and see what happens :tinysmile_hmm_t2:

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Could I pick your brains again please? HSBC are saying that my PPI Claim and my Counterclaim are time barred under Section 2 and /or Section 14A of the Limitation Act, although I became aware of the misrepresentations made to me by the bank in 2005, I have since maintained contact with the Bank and its representatives regarding monies I believe are owed to me...is it still time barred when contact has been maintained please? xx

[stevemLS]

Re: Bank v Myself - Help need for Amended Witness Statement Please

"Contact" in itself does not postpone or delay the limitation period.

I did ask earlier whether anyone knew what the authority was for so many PPI claims being brought which would otherwise be manifestly out of time. Does anyone know?

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Thanks again stevemLS for trying to help me, it seems noone knows the answer to the PPI question ? :/

Just to let you and amethyst know, I actually got the help of Barrister David Hoffman prior to sending my Amended Defence and Counterclaim as given your advice, i was worried about submitting something that didn't do the job properly and that couldn't be put right...It was too late for him to put the pleading together for me, but what he did was to tell me to submit what I'd got already in order that i was complying, but helped me write a letter to the Judge to advise of my situation and that i may need to submit a further Amendment once I was in receipt of the documentation from the SAR....so fingers crossed and thank you both for your help.

With regards to the rest of the Court Order, it would seem that HSBC haven't complied, unless they just haven't copied me in what they submitted? What would be the situation if they haven't complied please? I wrote to them on Monday and asked if they had any thoughts for a new Trial date, but they just haven't replied and of course our dates should have been submitted on Friday, so i just submitted what i believed would be reasonable for a new Trial window :/ xx

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Just an update for what is happening...despite the Bank stating in their Court Case against me that my PPI Claim and Counterclaim are time barred, I submitted a Claim for PPI and today have received a letter saying the Bank are upholding my complaint about mis-selling of PPI and they are sending me a payment of £3050.32 to put me back into the position I would have been , had I not been sold PPI!!
To say I`m delighted is an understatement! All I have to do now is go to a local branch for ID to be confirmed and send in a signed form with my bank details on and payment will be paid into my bank!
As the Bank have have agreed to pay out on the PPI, (which in the Court Case they`d stated my claim was time barred), does this make a better argument for my Counterclaim not being time barred too as my Counterclaim was submited a long time after PPI was sold to me?
With regards to the FOS, my M.P. Mr Miliband has written to the Chief Ombudsman and told him he thinks my whole complaint should be re-submitted given the information I now have which the bank withheld ...all that said the Bank still seem to be ploughing on with the Court Case and not allowing the FOS to complete their investigations prior to any further Court Action so I feel I should submit a request to the Court to ask for a stay in proceedings until the FOS investigations are completed but am unsure how to do it?
Can anyone please advise?
Many thanks. xx

[stevemLS]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Hi

Well at least a little bit of good news in this whole sorry saga.

I don't know whether the court will be prepared to delay the case pending the FSO investigation. I can see that they may be given that litigation is supposed to be a last resort after all other resolution procedures have been exhausted.

What did you suggest as the trial window?

The mechanism for doing so would again be an application on an N244, you would be applying to stay the proceedings and undertaking to inform the court when the FSO had issued their final decision. The application should be supported by evidence in the form of a witness statement from you explaining concisely the issues that the FSO is examining and when, if you can, a decision is expected.

Unfortunately I don't think the PPI payment has any bearing on the substantive issue.

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Hi everyone,

A further update on this .....when I was scammed, there was a police investigation and as part of that investigation, at the time, they took certain paperwork from the bank, e.g file notes and letters written by the Bank Manager who had dealt with me, this was paperwork which the bank claims they no longer hold due to the passage of time, (though they still produced paperwork from that time in relation to other staff who`d dealt with me, just not the paperwork completed by the Bank Manager, which showed him and the bank in a bad light), I recently managed to get hold of that paperwork.

I sent the paper work to the bank , things such a bank document stating they had done no financial checks on me, prior to granting me a huge overdraft after I`d only banked with them for around 6 months, also file notes and letters from the bank manager where he is `strongly advising` me I should use the overdraft he has placed on my account, also, file notes showing the bank were drawing blanks in their investigation into this investment, but didn`t tell me as they didn`t want to upset me and jeopardise the funds going into their bank as they were `ever mindful that if it turned out to be genuine, it would be a huge coup for the bank` .

The bank has now written to me and told me that the paperwork provided, sheds a whole new light on the situation and has made them more sympathetic to my situation and so they have made proposals to me which are that they have therefore offered to wipe off the overdraft and remove the charge on my property, PROVIDING I withdraw my counterclaim and also my complaints to the FOS, FCA and my M.P. and each party is to stand their own costs.

Obviously, this is a very positive move by the bank, however, I wish to put forward counter proposals as whilst I don`t really want to go to Court, I believe I now have a very good case but I am unsure as to how to word it? I want to say that obviously they now know they are in the wrong and I have excellent chances of my complaints being successful and of winning in Court, but I don`t know how to put this into words which will not `get their back up`, please could anyone advise me?

I have now had 12 years of absolute hell because of this bank, I have been stressed to the hilt, it`s made me ill, and I am up to my eyes in debt because I took their advice (which is well documented), and I am still paying off my solicitors bill at £50.00 per month, additionally, I have already paid them a huge amount in interest charges on this overdraft, plus thousands of pounds in charges because they refused to change the date the interest was applied, meaning my direct debits were constantly being returned unpaid so I would like to put forward a counter proposal to ask that I be paid some of this money back also.

Could anyone please advise me what is the best way to put this to the bank ? I would be most grateful. Thank you xx

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Can anyone advise me please? I really would like to get a response back to the bank tomorrow before a new Court date is issued xx

[nemesis45]

Re: Bank v Myself - Help need for Amended Witness Statement Please

It may be an idea to accept the offer on condition that it pays your legal costs to date.
Taking this onward my prove extremely costly, personally to go on I would like counsels
advice on the chance of success.
Becoming a " claimant" puts all the onus of proof firmly on you.

nem

[redrose281]

Re: Bank v Myself - Help need for Amended Witness Statement Please

Thank you very much nemesis45 for your advice, I really do not want to go to court as I am in and out of the hospital at the moment due to my ill health, but would like to recoup at least some of my costs to date if I can, so would like to put together a letter back to the bank, stating what it has cost me to date, but that to settle without the need for a Trial, I would accept xxxx for example, do you think this would be ok? The Bank clearly doesn`t wish to go to Court now either, given the weight of evidence I now hold. Thank you again xx