There is always somebody worse off than you!

[dbeaker]

Been reading this site for a couple of weeks now, which like the moderators keep pointing out is the very best thing to do as it gives you the confidence to carry out what you came to this site for in the first place.

I have now gone through all my bank statements for the last 6 years and came up with;
Business account : £3761.09
Personal account : £3475.07
Prelim letters sent recorded delivery 30 - 09 -06

I have read loads and loads of threads, but reading about one HSBC customer that has found a total of £25K in charges puts my task into perspective, it certainly shows that banks don't want small business's to succeed, just take as much money out of them before your crushed by the massive debts.

Good luck to you all

[dbeaker]

LBA ready to go tomorrow, not a squeek from HSBC...

[gbzstro]

I did the same path as you but I seperated my Business and Personel claims. I am still waiting for my money to be returned but I think that I am nearly there now.

Send off your LBA - you might get a fob off letter but expect to go to MCOL - you might want to split the MCOL into two claims to keep them under 5K

[traceyrmj]

with personal claims it is the way they deal with them, osterich style! they have ignored me totally and i filed court papers yesterday - expect i will begin to hear from them very soon

[gbzstro]

I expect that you will hear nothing for 28 days - apart from an acknowlagment of the MCOL cliam

[dbeaker]

Yes thats what i did, seperated the two claims to keep them under £5K.
Sent them on the same day but in different envelopes, my only problem is paying for the court claim for them both at the same time...

[dbeaker]

MCOL sent off today.

No reply from HSBC which is infuriating, but will be happy if i hear nothing for the next 2 weeks so i can win by default, not usually that lucky though.

They also charged me £30 in the last few days because i couldn't quite afford my loan repayment. The loan was to repay the bank due to all the bank charges taken from my personnal account.

Fingers crossed i will have the last laugh!!

[dbeaker]

posted

[dbeaker]

O.K here i go.
Recieved today an offer from Mr. Colin Langdale in respect of my pesonnal account. It reads;

HSBC's interest rates are well publicised in respect to both authorised and unauthorised overdrafts. You have asked us to refund overdraft interest on your account. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt.

In circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are claearly set out in our published price list. The circumstances in which the fee will apply are clearly set out in our personal banking terms and conditions which you were provided with a copy when you opened your account. If your claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £1***.** representing the charges applied in full and final settlement of this matter.

Now i am at this stage, my nerves have got to me, though i didn't think they would!

I believe if it wasn't for bank charges and interest building up on the account i wouldn't have been overdrawn at all so no interest would have been applied.
I know i bury my head in the sand when it comes to matters of finance so the account was allowed to spiral out of control, with my knowledge but i couldn't see any way out of the problem.

Also the letter goes on about making decisions as to whether to authorise payments that would lead to the account going overdrawn but even when my account was massively overdrawn they were still making payments to insurance policies i had with HSBC life.

I've got Noel Edmonds at the side of me asking 'DEAL OR NO DEAL'?

[Michael Browne]

Dear Colin

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have incurred further costs.

Therefore, I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

I trust this clarifies my position.

Yours faithfully

[dbeaker]

Thanks for your advice micheal.

Claim was acknowledged on the 6th and HSBC are defending all the claim, do you start the 28 days from the 6th or from the 8th when they were deemed to have been served?

[Michael Browne]

Date deemed served.

[dbeaker]

I have recieved a very strange letter from DG solicitors.

I have already filed my claim and sent in my AQ over a month ago now and not received anything back from the court or solicitors until saturday?

The letter reads...
We have reviewed your claim with our client in conjunction with the schedule of charges provided. We are at a loss to understand why you have sought to recover charges and interest from our client and additionally 8% on the total charges and interest. Please confirm to us the legal basis of your claim in relation to recovery from our client of what would seemto be overdraft interest applied to your account.
Our clients interest rates are well publicised in respect to both formal and informal overdrafts. You appear to be seeking a refund in respect of overdraft interest on your account. It is, of course, a condition of your borrowing with our client that you will pay interest at the agreed rates on that borrowing. As such there is no question of our client refunding interest when your account was in an overdrawn state.
We also note from our review of schedule of charges that you have provided us with, that you have included six charges including interest, which together totals £227.35. It is asserted that this portion of your claim falls outside of the six year limitation period for bringing claims, pursuant to the limitation act 1980. Again, and in any event, our client maintains that its charges are reasonable, are properly and fully disclosed within its term and conditions. for this reason these six charges are excluded from your claim.

HSBC are confident to win in court blah blah blah...

These six charges they refer to are charges that have made on my account since i started this action, which is actually 2 charges totalling £80 + interest.

I have requested repayment of all charges and overdraft interest + 8% interest for taking it to court.

They also got my middle initial wrong, only a niggle but an annoying niggle for supposedly professional solicitors.

[dbeaker]

I have recieved a very strange letter from DG solicitors.

I have already filed my claim and sent in my AQ over a month ago now and not received anything back from the court or solicitors until saturday?

The letter reads...
We have reviewed your claim with our client in conjunction with the schedule of charges provided. We are at a loss to understand why you have sought to recover charges and interest from our client and additionally 8% on the total charges and interest. Please confirm to us the legal basis of your claim in relation to recovery from our client of what would seemto be overdraft interest applied to your account.
Our clients interest rates are well publicised in respect to both formal and informal overdrafts. You appear to be seeking a refund in respect of overdraft interest on your account. It is, of course, a condition of your borrowing with our client that you will pay interest at the agreed rates on that borrowing. As such there is no question of our client refunding interest when your account was in an overdrawn state.
We also note from our review of schedule of charges that you have provided us with, that you have included six charges including interest, which together totals £227.35. It is asserted that this portion of your claim falls outside of the six year limitation period for bringing claims, pursuant to the limitation act 1980. Again, and in any event, our client maintains that its charges are reasonable, are properly and fully disclosed within its term and conditions. for this reason these six charges are excluded from your claim.

HSBC are confident to win in court blah blah blah...

These six charges they refer to are charges that have made on my account since i started this action, which is actually 2 charges totalling £80 + interest.

I have requested repayment of all charges and overdraft interest + 8% interest for taking it to court.

They also got my middle initial wrong, only a niggle but an annoying niggle for supposedly professional solicitors.

[lateralus]

well, first - ring the court on monday morning and ask if dg has filed their aq. it is obviously well past the deadline. if they have not - ask them if the judge will be issuing an unless order (unless the file it within x days - their defense will be thrown out). that is the first order of business.

the six charges - from past claims i've seen - are you sure they do not relate to the time period previous to six years back from the date you filed the claim - that is the accepted date - the date the claim is filed then going back 6 years. if they are older than that - just forget them - at the present, until somebody finds another way of applying the limitations stuff - that's just the way it is.
if they are charges you've added since you filed - my understanding is they aren't a part of your claim - you would have had to file an amendment and paid £35 to add charges to your claim after you filed.

so, on to the interest. the 8% isn't in question if you included that line in the particulars (Also claimed is interest under section 69 of the County Courts Act 1984 at 8%APR from date of each charge to date of the claim, total xxxx).


as for the overdraft interest, if it was done correctly - you can defend it - if you just put it all on without using the advanced spreadsheet - it will be wrong and you won't be able to defend it.
Eades Vs HSBC ( 1 2 3 4 5 ... Last Page)
here is another case where they are questioning - among other things - the o/d interest and there is discussion about it in there. and one more which is a little shorter where they questioned the o/d interest.:
Andy B v's hsbc About Ready to go.....(ish) around post 70 i think.

i hope this helps

[dbeaker]

I have just received a letter with the words ' WITHOUT PREJUDICE SAVE AS TO COSTS '. What the hell does this mean and how does it effect what can be produced in court???

[Catlover64]

Without prejudice means that whatever is in that letter cannot be relied on in court as evidence.

As I understand it, you can reject it and carry on. It doesn't affect your case.

Does that mean you have an offer? You could of course choose to accept it - The choice is yours!