Hello - new here

[Ms_Owe-A-Lot]

Good afternoon

I have just come from across the road (another Consumer Website)
Have been introduced by Kafka as I am very interested to learn about the overturned stay at Torquay & Newton Abbot CC.
I usually use Plymouth to file my bank charges claims, but they are now issuing blanket stays.
Subsequently I have been told Torquay & Newton Abbot which for me is just up the road is proceeding on a case by case basis so have decided to file my latest claim against HSBC for £500.- there instead of Plymouth
I amwaiting for HSBC to take the next £75.- out of my account on 19.09 , once they have actually taken the money I will incorporate the amount into my claim and file before the 1st of October (I think the fees are going up then, aren't they ?)
Well, and that's what has brought me here

[Amethyst]

Re: Hello - new here

Hey Ms Owe

Nice to see you here...

Torquay & Newton Abbot court do seem to be dealing with cases on an individual basis - even though Devon & Cornwall have generally blanket stayed everything.

Yes court fees are going up on October 1st....grr

Have a look at Temptys thread in Natwest forum - she has just received news of the bank appealing the stay lift so we are working on this next step now.

Also take a look at Muggins73 v shAbbey - in the Abbey Forum. She is at LBA stage and might be worth following.

Let us know what your basic background to the charges is - are you on benefits / can you claim particular hardship for your case ?

Have a look around If you get lost feel free to ask, and if you need any help with anything make a post or pm me, or kafk.

Best of luck hun

:group:
xxxxxxx

[Ms_Owe-A-Lot]

Re: Hello - new here

Many Thanks for the swift reply
Me and other half are both working (don't know why as there is never enough money anyway) so all we are getting is Working Families Tax Credits (we had an overpayment in the last year, so we don't even get that at the moment) & Child Benefit and that's it.
OH is declared bankrupt (will be discharged early October when 12 months are up) but there are still some outstanding issues with MINT and MBNA which are in my name and increasingly crippling mortgage repayments, but as we are both working we don't generally qualify for anything . Good old England. We work for other peoples benefits.:roll:
I successfully reclaimed just under £1000.- from NatWest, £58.50.- from the Co-OP (every little helps), £100.- previously from HSBC (and now going for another £500.- which they fleeced me for since) ,and successfully re-claimed approx £440.- from various credit cards. All this went through before the test case was announced, so a bit annoyed as the last £500.- may now not be so quickly forthcoming as all the rest was
But that is the reason I think I will be giving Newton Abbot a try, it is not that far from where I am and if they do proceed with some cases, then it is sure worth a try
If they do stay the case, then I will consider my next options. I would definitely like to try to incorporate the clause that the bank cannot continue to charge either during the ongoing test case then. A few judges did grant this I think in Luton and somewhere else...

[Amethyst]

Re: Hello - new here

Thanks for that hun... just wondering about the injunction in the POC....its been granted before off the back of stay lift application - I ;m wondering the implications of requesting that as an outcome from the beginning..... hmmm I'll have a discuss with peeps though my inclination is to say we cant.

The Tax credit thing - you want to have a look at it or you quite happy that they have it all correct and it was your error they are making you repay off ?? We have links to a good tax credit site which deal specifically with these issues.

I think you are right you probably wouldnt get through as a hardship case - so i think the best thing is to try and not get a stay in the first instance.....easier said than done mind. But if we start at prelim............ who knows and worth a shot isnt it.

[Ms_Owe-A-Lot]

Re: Hello - new here

Everything is worth a try. They won't buy hardship as we are not on any relevant benefits, so the only other thing is to try and stop the bank equally to levy further charges, but as you said, that may have to be part of an application to lift a stay
I will wait for the bank to deduct their next £75.- in fees on the 19th and once they have actually taken the money I will do my forms and hand in at Newton Abbot
From then on it is a waiting game to see what happens

HSBC told me in reply to my LBA they will immediately ask for a stay, but hey, no surprise is it ?

The tax credits are correct by the way. The overpayment was due to the fact that I didn't know I had to declare the private medical insurance I get from my employer as an additional (taxable) item. As I don't have any more money because of it at the end of the month,I didn't think it had to be declared, but Good Old England, of course it has.
So the "in kind" value of £700.- had to be declared and whoops...there went our benefits:shush:

[Amethyst]

Re: Hello - new here

Hi again


Sounds like you're well sorted with this - if you need any help in the meantime give us a shout.

Will let you know if we find anything more out ref injunctions and the POC.

TA

AME

xxxxxx

[Ms_Owe-A-Lot]

Re: Hello - new here

Yes, I will most certainly do
Will keep you posted on the progress
I think I should start a proper thread regarding this issue once I have filed my claim

[Amethyst]

Re: Hello - new here

Yes I think thats a grand idea.... where them mods when u need them msl:

:goodluck:

[peed 'orf]

Re: Hello - new here

Hi, and welcome.

[Ms_Owe-A-Lot]

Re: Hello - new here

Hi and thanks for the welcome !
I will have a look around the site to find the correct sub forum for my HSBC claim thread
See ya there

[Happyolddog]

Re: Hello - new here

Hiya Ms_Owe-A-Lot
Welcome to the forum,
I see you have found the HSBC forum, good luck with your claim.

Best wishes,
Hod...Liam..

[WendyB]

Re: Hello - new here

Welcome to Legal Beagles.

If you need any help just shout (and then I'll shout for someone else lol)

[Ms_Owe-A-Lot]

Re: Hello - new here

Many Thanks - I have started a thread in the HSBC forum and will keep that updated
I know pretty much what is going to happen initially

- file claim
- pay fee
- receive info claim stayed
- then consider options
- apply to lift stay, include clause to prevent HSBC from levying any further charges:devil:
- and then see what happens

[Paradox]

Re: Hello - new here

Yeah you're pretty much spot on with that Ms!

I'm at stage 3, tbh, I'm not bothering with a request to remove the stay, as my claim is only a little one.

Anyway.

[Ms_Owe-A-Lot]

Re: Hello - new here

To be honest I would only apply to lift the stay not necessarily to have it actually lifted but to at least get the judge to level the playing field by stopping HSBC from continuing to charge as well, which is what some judges recently did against Barclays. That would be my real goal when submitting an application, cause who knows how long this test case will drag on for and the charges would then mount up again and I would have to file new claims etc:roll:
Best stop that in its tracks