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.
HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!
I have been reading this fantastic website for a while now. I extracted the last 6 years' worth of information out of HSBC, and there is quite a whack of money taken, nearly 3 grand in total.
I have sent off the first letter (that was in your library), then I sent off the lba 14 days later (got a rubbish standard "we are dealing with your complaint blah blah blah... and a nice leaflet as a reply). There is just over a week to go before I put in a claim in the small claims court.
Am I right, but does anyone think that these guys have been actually cranking up the charges the past few weeks?
To be honest, I don't think the charges have changed - in fact they haven't changed anything at all. The systems are still automated, and they are still charging £25 a time, in defiance of the recommendations made by the OFT.
Best course of action is the one you are taking - don't let them divert you...you are about a fortnight from your money.
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.
Hello! great to meet you.
In my case the charges have not really gone up, it's just they seem to be applying them more, with tactics, making sure you go over just a little, and then bounce everying else. So they get their £125, and then lots of £30 bouncy charges, (or those "card misuse" fees, definitly some sort of penalty rather than cost) very profitable. Funny, they then bounce all payments except the bank charges. If there are insufficent funds to pay your car insurance, how is there enough to pay the charges?
In any case, the only reason there is not enough money is because of last months harvest.
Just one other thing- do you think they are likely to close my account?
Hello! great to meet you.
In my case the charges have not really gone up, it's just they seem to be applying them more, with tactics, making sure you go over just a little, and then bounce everying else. So they get their £125, and then lots of £30 bouncy charges, (or those "card misuse" fees, definitly some sort of penalty rather than cost) very profitable. Funny, they then bounce all payments except the bank charges. If there are insufficent funds to pay your car insurance, how is there enough to pay the charges?
In any case, the only reason there is not enough money is because of last months harvest. -
Just one other thing- do you think they are likely to close my account?
dont worry about it , you can put all these extra charges onto your claim if they have come out of you account by then, if they havent, then its pretty easy to get them back in the future , now you know what to do
HSBC- £4995, settled payment in full
if you found this post helpful, please click the scales (top right of post), ta
if you're not sure what to do?, Read the FAQ's
Unsure about what to claim, or confused about overdraft interest? Charges explanation
Thanks for your encouragement.
This really could be quite good fun.
Anyone out there had their account closed over a claim?
Or is it usual for it to be left open?
Some have had their accounts closed as a condition of payment (not neccesarily HSBC though), so it is always wise to have a parachute acount open ready and waiting, or even better, just switch anyway!!
Here we go.
I have this morning received the standard "you still get Free Banking blah blah why are you comlaining blah blah we do not agree the charges imposed by the bank constitute a penalty clause blah blah blah" from a Mr Johnson. I have seen this standard letter already here on this website, so I am not deterred.
It ends "I hope that matters have now been resolved to your satisfaction." How can it be? Where's my money?
Not a penalty clause? Why call the charges "card misuse fee"? The word "misuse" surely implies just this?
Do I just put in the claim on the 14th day, or will another letter be needed about how I am now on the phone to the local papers.....
OK. As long as you have done the initial letter and the lba, stick to your 14 days and go to Moneyclaim.
As for closing the account.. they didn't close mine !
I had a parachute account ready and got the new bank to do all the transferring of DD's etc. just in case.
My new bank offers a much better overdraft rates (not needed now ) and pay over 4% gross interest (better then the 0.1% HSBC paid me).
Remember, the banks are playing a game, the same as you. It's like a game of bluff, double bluff and chicken all rolled into one. Keep your nerve, follow the guides on here and you will be fine.
I have had a peek at some other letters on this site that have been written in this instance, this is a cut and paste type letter I am going to send.
Should I bother, or should I just go ahead and claim?
I suppose another letter would show I mean buisness, and could result in a pay out?
Dear Mr Johnson
Many thanks for your letter dated 26 May 2006.
I am dissapointed that you will not return the money you have taken from my account.
My claim is for £XXXX.XX in punitive charges unlawful in Common Law.
I shall be sticking to my original timetable, giving the bank until 6th June to satisfy my claim in full, and unconditionally. If I do not receive a satisfactory response from you by this date, I will proceed to issue a claim for recovery of this sum in the courts, plus additional charges you have made recently, plus any costs, plus £XXX.XX in interest
i wouldnt personaly, sticking to your original timetable shows you mean business, the faq's are pretty clear on this, submit your mcol now, and you'll have your money soon enough
HSBC- £4995, settled payment in full
if you found this post helpful, please click the scales (top right of post), ta
if you're not sure what to do?, Read the FAQ's
Unsure about what to claim, or confused about overdraft interest? Charges explanation
I am now in the process of filling in my moneyclaim form.
When you kick the box concerning claiming interest a message comes up saying that I should include this wording... The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.
What do I enter for the last bit, daily rate of interest?
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
Take your total claim amount (excluding Court fees etc), multiply it by 0.00022 - this is your daily rate of interest.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Thanks Barracad.
This is very stressy!
All saved, just have to click submit on Tuesday.... and off it goes.
If this works out, I will be claiming against loads of other cards/accounts.
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
Moneyclaim sent off today, processed for tomorrow.
What a pain trying to fit it all in the box! (24 lines)
Reading around, I feel it might be a good idea to send the bank a recorded delivery letter telling them I have taken this action (so there is no problem with the bank saying they didn't get a chance to fight!)
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
Sorry to hijack but am I missing something with the interest calculation? If the daily rate is 0.00022% then that x 365 = 0.0803. Isn't that 0.08% per year? I thought 0.022 x 365 = 8.03% would be the right calculation?
Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
HSBC: £1014 - SETTLED at LBA stage + pending charges removed
Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
Capital One - claiming £605.54 -SETTLED IN FULL
Sorry to hijack but am I missing something with the interest calculation? If the daily rate is 0.00022% then that x 365 = 0.0803. Isn't that 0.08% per year? I thought 0.022 x 365 = 8.03% would be the right calculation?
The daily rate is the claim amount x 0.00022 (which is the same as x 0.022%)
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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
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
HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!
' worth of information out of HSBC
Reply With Quote
Originally Posted by HSBCrusher
) and pay over 4% gross interest (better then the 0.1% 
HSBC Credit - Statements requested 6/6/06 - I reckon around 500 notes.