Me vs HSBC

[stall]

Hi all,

 

Decided I would start my journey of claiming back my charges with HSBC. I will be sending out my initial Data Protection Act Request on Monday 9th October.

 

Is the Canada Square address in London the best place to send this to? Also, I'm presuming that I send the £10 cheque made payable to HSBC Bank PLC?

 

Thanks

 

Stall

[stephenfletcher]

I sent my DPA to Leeds but London should be just as good.

 

I would make the cheque payable to HSBC Bank PLC, though it will be returned.

[stall]

Actually, I just checked that I can get these statements online. I have gone back 6 years and it looks as if Im entitled to in the region of £600.

 

I presume I can go ahead with the next stage and send the Preliminiary approach for repayment letter now?

 

On a side note and to make things simple, can I just leave out the overdraft interest shown below as I imagine it would be of little significance and be a pain to calculate to any degree of accuracy..?

 

"What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX . "

 

Cheers

[stall]

Ok,

 

Im sending the prelim letter out registered post on Monday 9th Oct. I have added the bit about manual intervension as I havent sent out the initial Data protection letter as I got statements online. I am leaving the interest out altogether also and claiming for approx £600. Letter is going to David Lewis at Canada Square, London.

 

Silly question now...Is it 14 working days (Mon-Fri) or 14 normal week days (Mon-Sun) that I have to wait until I can proceed?

 

Cheers

[stephenfletcher]

stall,

 

It sounds to me like you're an intelligent person. Everything you've done so far is fine. I reworded very small parts of mine to fit my circumstances better but provided you don't stray too far it's all fine.

 

14 days. That's what you specified in the letter so that's what you should stick to! (making me a hypocrite as I always left an extra few days)

[Swanny Brasco]

Just a quick one to say I sent my letter to HSBC a couple of weeks ago, and got my statements this morning. They didn't cash the £10 cheque.

Adding up all my charges, it comes to £694, so here I go with the next step! I'll come back on here when I hear something.

Swanny Brasco

[stall]

Cool - ok sent off my prelim letter today so I will wait until the 24th october to send my LBA

 

Will update when and if I hear anything ......

 

stall,

 

It sounds to me like you're an intelligent person. Everything you've done so far is fine. I reworded very small parts of mine to fit my circumstances better but provided you don't stray too far it's all fine.

 

14 days. That's what you specified in the letter so that's what you should stick to! (making me a hypocrite as I always left an extra few days)

[stall]

Right - I haven't heard a thing from them which I guess can be normal behaviour. Just sent off my LBA today registered post. 14 days to go then Money Claim action !

[stall]

Right its time for me to do my money claim as they have not responded at all to either my prelim or lba. typical!

 

Quick question for those in the know. My prelim letter had details of the charges from the 30th October 2000. However, if I put a claim in now these charges will obviously be past the 6 year deadline that I am allowed to claim. Should I omit them or does the fact that I have sent this letter within this 6 year period mean that I am free to claim this?

 

I just want to make sure that I am claiming correctly and would appreciate someone to clarify this for me before I continue

[stall]

Can anyone clarify this for me? I need to do my MCOl asap.

 

Thanks again

[BankFodder]

You count 6 years back from the court claim date

[stall]

Thanks for the clarification

[stall]

Ok I am ready to do my MCOL now. Can someone check this out for me?

 

1. The Claimant has an account XXXXXXXX with the Defendant, opened {DATE}2. Since {DATE} the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied.

Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £XXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £XXX continuing at 8% until judgment or settlement at a daily rate of £0.XX; 6. Alternatively, if the charges

are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs

allowed by the Court.

-----------------------------------------------------------------------

 

Also, regarding the 8% is it just 0.0002 multipled by the amount Im claiming for?

 

I am using the spreadsheet off this site that calculates the 8% APR along with the number of days since offence. Is this ok?

 

Cheers

[Guest bong]

Ok I am ready to do my MCOL now. Can someone check this out for me?

 

1. The Claimant has an account XXXXXXXX with the Defendant, opened {DATE}2. Since {DATE} the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied.

Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £XXX; (b) Interest per S.69 County Courts Act 1984 of 8% a year, from xx/xx/xxxx to xx/xx/xxxx of £x continuing at 8% until judgment or settlement at a daily rate of £0.XX; 6. Alternatively, if the charges

are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs

allowed by the Court.

-----------------------------------------------------------------------

 

Also, regarding the 8% is it just 0.0002 multipled by the amount Im claiming for?

 

I am using the spreadsheet off this site that calculates the 8% APR along with the number of days since offence. Is this ok?

 

Cheers

 

hi stall, see amendment above

 

The daily rate of interest is total claim x 0.00022

 

the other bit about 8% from your spreadsheet sounds fine

[stall]

Cheers Bong - I'll get this out today

[stall]

Right issued MCOL today! 14 days and counting ..........

[stall]

Typical - Just got home today and have a letter from Colin Langdale saying they will pay me a sum which is a hundred quid short of what I asked for. I issued MCOL yesterday! Shall I respond to him or just let the MCOL do its thing??

[Guest bong]

send him a letter saying you will only accept the offer in part settlement and you have now issued a court claim. they will withdraw the offer.

[stall]

Cheers Bong.

[garylee55]

just a bit of reassurane for you, hsbc coughed up for me (£612) with the first letter and within the time too, i was truly amazed,

hope it goes well,

 

good luck

[stall]

just a bit of reassurane for you, hsbc coughed up for me (£612) with the first letter and within the time too, i was truly amazed,

hope it goes well,

 

good luck

 

Hi Gary,

 

Which letter did they cough up on mate? Well done

[stall]

Ok in the process of writing a response to my lba..

[Guest bong]

sounds great

 

hey where's it gone?

[stall]

Thank you for your letter dated the 15th November 2006. I am happy to accept your offer of £xxx but only as a part settlement of the current amount outstandning of £xxx.

 

My letter before action sent previously indicated that you had 14 days to respond before the commencment of court action. As this deadline has passed without a satisfactory conclusion Court proceedings have now been issued. In addition to the total above I will be claiming interest per S.69 County Courts Act 1984 of 8% until judgment or settlement at a daily rate of £0.xx. The total settlement at todays date is £xxx including court costs.

 

I trust this clarifies my position.

 

Your sincerley.....

 

la la la

[stall]

sounds great

 

hey where's it gone?

 

Sorry bong had some formatting problems...lol.

 

I take it this is suffice then??