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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!


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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? :x

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Good luck with your claim.

 

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.

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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.

:-x

Just one other thing- do you think they are likely to close my account?

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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. - :D

:-x

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

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dont quote me on this, and i havent read all the threads for other banks, but akaik no-one has had their hsbc account shut down

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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

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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.....:D

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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.

Been through the system. Keep going... it works !

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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

 

 

Yours Sincerely

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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

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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?

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Take your total claim amount (excluding Court fees etc), multiply it by 0.00022 - this is your daily rate of interest.

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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.

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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!)

:D :D :D :D

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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

 

 

 

DON'T FORGET TO DONATE!

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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.

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Best course of action is the one you are taking - don't let them divert you...you are about a fortnight from your money.

 

Just got a letter back from the court, they intend to defend.

They now have 28 days in which to offer a defence.

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Just got a letter back from the court, they intend to defend.

They now have 28 days in which to offer a defence.

 

This is the stage where i will be bricking it. Cant wait though!

 

Good luck.

:)HSBC Current - Prelim sent 2/6/06 £1060 Reciept confrimation 5/6/06

:mad:HSBC Credit - Statements requested 6/6/06 - I reckon around 500 notes.

;)NATWEST - Parachute account opened 4/6/06

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Thanks Mike.

They are counting on people giving up at this stage.

This is so unfair that folks have to go through all this to get money back that was taken illegally.

:mad:

I will be going the whole way, so watch out HSBC, Crusher is coming for you!

:D

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i personally think youve got 6 days max before you get a nice letter from dg saying "well we're not wrong, but here, take loads of cash and go away" :D

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

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I hope you are right.

wish me the best! :D

By the way, I have noticed by the side "rep power" below number of posts.

What is rep power?

 

im not sure to be honest, ill ask the mods

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

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Hi Crusher,

 

Looks like we are on an identical timetable. However, I'm not sure if you were offered anything before taking it to moneyclaim. For some obscure reason, they offered me over 80% of my original claim, which just seems stupid that for the sake of another £200, they could have saved themselves court expenses AND interest.

 

Oh well, it suits be, the interest alne is £400.

 

Maybe we'll get our money back on the same day?!?!

 

 

All the best, I'll be watching...

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.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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