Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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923 Finchley Road
London
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  1. #1
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    Default Where do I go from here?

    Hi, Here is my first post please give your thoughts.

    My bank charges are on three separate business accounts all with HSBCicon with the earliest being May 1997 and the latest charge in August 2007.
    I have all my statements right back to before 1997.

    I wrote HSBC and asked them to:
    1; Refund to me each charge.
    2; Refund interest charged each month as each charge accumulated further making the running of my business extremely difficult.
    3: Add compounded daily interest to all refunds at the banks own Unauthorised overdrafticon rate of 28.2%

    By my calculations HSBC have taken between 1997 and 2002 approx £2.5K in charges.
    Between 2002 and 2004 approx £1.5K in charges,
    And between 2004 and 2007 a further approx £5K were added again in charges.
    All three accounts totalling up to almost £9,000 unlawfully taken in charges alone.

    During this period of ten years of charges HSBC have charged me £6K in interest.
    It doesn’t take a genius to work out that if they hadn’t unlawfully taken away £9K from me in the first instance, then they wouldn’t have pushed me into the red in the second instance, to earn them a tidy £6K. A nice little win- win situation for the bank.
    Therefore I want it back plus Compounded interest.

    HSBC offered me three separate amounts to a total of just over £2K against my claims which with charges, overdrawn interest, and daily compounded interest on all three amounts to over £60K.

    I have had contact with DG Solicitors and we have reached the stage where they are saying ‘take it or leave it’. I would like to take this to court if I can get the POCicon correct.
    After all the publicity won’t hurt my business, will it?

    I am pleased though that through it all my business has grown dramatically this being in spite of HSBC rather than because of.

    Woodendoorsrippedoff


  2. #2
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    Default Re: Where do I go from here?

    subscribing


  3. #3
    Site Team The Consumer Action Group MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030 Highly authoritative MARTIN3030's Avatar

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    Default Re: Where do I go from here?

    It certainly is a lot.
    Can you say when you first asked for the charges back ?


  4. #4
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    Default Re: Where do I go from here?

    Hi Martin3030.Thanks for taking time out to take a look.The first of the letters/claims went in in June last year!


  5. #5
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    Default Re: Where do I go from here?

    Ah good.So you should be ok on the limitation aspects.
    Obviously the figures involved here would take them well out of SCT even if they was separated.
    So there are a few issues to consider.Firstly the Stats on which you will be relying (pity it wasnt Natwesticon after the Judgement yesterday on historical charges.)

    But the main one will be opening yourself up to costs.
    I saw that Pete is looking at something also.
    Will need some thought.


  6. #6
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    Default Re: Where do I go from here?

    Sct?


  7. #7
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    Default Re: Where do I go from here?

    Small claims track


  8. #8
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    Default Re: Where do I go from here?

    In earlier claims many claimants who exceeded 5k split them up-only to have the bank applying for them to be intergrated at hearings-and so forcing them out of small claims.

    There were some good results with compound interesticon but overall it was something we advised against because of the varying opinions of Judges who either agreed or didnt-some were quite hostile to it,which is why,in the alternative the stat 8% was requested.


  9. #9
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    Default Re: Where do I go from here?

    Quote Originally Posted by MARTIN3030 View Post
    There were some good results with compound interesticon but overall it was something we advised against because of the varying opinions of Judges
    But that ws before we understoof the implications of the 2007 House of Lords judgement in Sempra metals v Inland Revenue



  10. #10
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    Default Re: Where do I go from here?

    Yes-but by that time most had avoided doing it-I mean 1000s of claims on stay...and required ammendment to go for it.


  11. #11
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    Default Re: Where do I go from here?

    Just to make things even more interesting I have a clain against Lloydsicon too for around 16k.This one only went as far as them sending me a letter telling me (in banking jargon) to get stuffed!I haven't done any more with this claim as I wanted to see how we got on with the HSBCicon saga.Any news on the new way forward?rippedoff.


  12. #12
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    Default Re: Where do I go from here?

    This is really interesting.

    I have an HSBCicon business acct with my limited company.

    They have applied 5k of charges to my account. The only acct activity for the last 2 years is them adding £250 a month to it in charges and interesticon while I disputed the charges.

    I think that was a mistake.

    However, if they are offering money, they must think you have some chance of winning.....

    I did get them to agree to refund all my charges last april, now they changed their minds, leaving me stuck with a debt I am not resposible for.

    They charged me once for going OD based on their mistake in not collecting a DD, which they admitted in branch, I paid the charges related to this thinking best to pay now and argue later, however, the charge took the acct OD in the next charging period, they charged again. One £25 charge has become over 5k now and I am at a loss as to what to do next.

    The company is not trading, just set it up to protect a brand name and spend very small sums to establish web address etc through the bank acct and now am thoroughly screwed.

    Should I just wind the company up and what would the consiquences of that be? there are no other creditors at all.

    To top it all I have just lost my day to day job so wondering if hardship route could be followed?

    Any thoughts?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE