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Would like to reclaim charges that have been applied since my claim was put on hold
Hi, I started reclaiming my charges before the OFT case and as a result of it the claim is on hold. Since I sent my claim off additional charges have been added to the account that I would like to include in the claim. Is there a Template letter I can use to amend my claim or do I need to start a new claim for the subsequent charges?
Re: Would like to reclaim charges that have been applied since my claim was put on ho
IMHO it would probably be best to start a new claim from scratch. Unfortunately it is not a simple case of writing a letter to the courts to change things on your claim. When errors were discovered on court claims, people usually complete a form N244 and pay the fee (which I think is about £35). Whether you can actually amend your exisiting claim at this late stage I don't know.
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Re: Would like to reclaim charges that have been applied since my claim was put on ho
HI Jo,
The Claim hasn't got to the Court stage it is still with HSBC who put it on hold due to the FSA waiver, so I was wondering if there was a template letter to send to them to amend the amount being claimed rather than starting another claim which would be at the end of a very long queue when the waiver is lifted.
Re: Would like to reclaim charges that have been applied since my claim was put on ho
Hiya pb if you haven't filed your claim with the court just add the new charges to your spreadsheet and send another lba type letter.
There are good reasons even now to file your claim with the court not least of which is the County Courts Act s69 interest at 8%. When the test case fiasco is eventually over and the banks start to refund the charges they will pay you what you have asked for. If you have only sent an LBA you wont have added this interest to your claim, if you have filed your claim with the court you will have added this.
There is a thread that I am trying to find that explains everything and I will post it when I have found it .
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
Re: Would like to reclaim charges that have been applied since my claim was put on hold
It would be safe to say that if you enter a claim for charges to place a statement "current charges, plus any charges incurred between now and case hearing or settlement of case" plus interest of course.
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Additional charges claim has been put in as well as a request to have my case considered as a Hardship case but still they continue to add charges, £300 last month!! I've had enough and moved my wages to another account. When I last used the account it was within the OD limit and then they applied charges....
Would appreciate advice from anyone who has done the same, I presume they will now start demanding I repay the OD and will send me a final demand even though my claim is for approx £4000 more than the OD?
Re: Would like to reclaim charges that have been applied since my claim was put on hold
I have just gone through my income & expenditure on the phone with them in support of my hardship claim.
Their solution..... As my wages are no longer being paid into this account I should make a monthly transfer to gradually reduce the balance and .... wait for it..... Borrow money from friends and relatives to reduce the balance - didn't think they were supposed to encourage that!!
So no consideration whatsoever in line with the FSA'a hardship guidelines! off to the fos now I think.
Re: Would like to reclaim charges that have been applied since my claim was put on hold
There have been very few wins on the hardship front but take it too the FSA I would also consider changing your phone number. that way they cant call you bt will do it very quickly....
also remember that every letter they send or have an agent send, respond with.
thank you for your letter dated blah blah blah this account is in dispute and has been since and put the date you instigated your court action.....
if they persist then tell them (the bank) you are passing this over to the FSA on the grounds of harrassestment. ... who ever is acting on their behalf is their agent.... and they cant claim they dont know..
as Uncle Pete says he did that oh a long time ago, last year if am not mistaken....
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Originally Posted by pblackie
I have just gone through my income & expenditure on the phone with them in support of my hardship claim.
Their solution..... As my wages are no longer being paid into this account I should make a monthly transfer to gradually reduce the balance and .... wait for it..... Borrow money from friends and relatives to reduce the balance - didn't think they were supposed to encourage that!!
So no consideration whatsoever in line with the FSA'a hardship guidelines! off to the fos now I think.
I would also write to them and record the telephone conversation, what the took into account and what they offered, and if you made a note of the person you were speaking to's name put that in too.
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Well, got a call today from them saying they will not be paying anything out on Hardship grounds - what a surprise!!
Also checked my credit ref - they are showing me as being a late payer for the last four months - how? my claim is for £5000 more than my current overdraft and the only reason I am over the limit is they applied £120 of charges!!!!
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Hi pblackie,
No great surprise there, then ...... To quote pete 'unless you're living in a cardboard box, it's not hardship' ......lol!
If your credit rating has been defaulted purely because of Bank Charges which are under dispute or 'stayed' in court.......there is a helpful letter on this link which may help ........
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
Re: Would like to reclaim charges that have been applied since my claim was put on hold
would be interested to see what happens on this
I had a similar issue where HSBC have put my claim on hold
however now I feel its time to claim the charges in court, they are ignoring all correspondence, I cant even find out how much the overdraft has gone up to now.
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Hi summer 30
What stage did your claim get to before ..? Had you sent a letter before action (LBA) ........ ?
HSBC may have put your claim on hold, but it doesn't stop you from carrying on with court action . Of course , your claim will be 'stayed' by the court awaiting the result of the OFT test case , but whilst it's waiting it's attacting 8% Section 69 interest ..... which is a great rate in the current financial climate .
It will also put you 'in the queue' along with the rest of us who are at this stage, so should be first in line for payout when it eventually comes down .
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Oops , sorry , pblackie - didn't mean to hog your thread ......
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Had the fos involved with this account - no great surprise they say there is nothing they can do. However they have said that HSBC will stop all interest and charges until the outcome of the test case but in doing so will pass the account to their collection agents (presumably DG) can they do this if the account is in dispute? If not can anyone point me towards guidelines that state they should not pass on a disputed account?
Re: Would like to reclaim charges that have been applied since my claim was put on hold
Hi pblackie
It really is frustrating when the fos doesn't even know the form. But that's what you get when you employ students to sieve complaints (allegedly! LOL!)
I think this letter might give you the info you need - if you need more just ask -
They are not supposed to pass accounts which are 'In Dispute' to a Third Party ......... but they do - with impunity it seems when even FOS is (seemingly) condoning it , or at least admitting that it happens ......
Incidentally , their 'DCA' is likely to be Metropolitan Collection Services , which is not really a DCA just an in-house collection branch of HSBC.
DG is their in-house solicitors .
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
Would like to reclaim charges that have been applied since my claim was put on hold
or do I need to start a new claim for the subsequent charges?
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If you think my post was helpful, please feel free to click my scales 
if you haven't filed your claim with the court just add the new charges to your spreadsheet and send another 
.
Originally Posted by pblackie
Re: Would like to reclaim charges that have been applied since my claim was put on hold
But that's what you get when you employ students to sieve complaints (allegedly! LOL!) 