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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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Charges description on statements - Please Read


maverik1979
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For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell?

 

wonder no more.

 

you can claim for anything which is deemed a penalty charge, which includes:

 

returned direct debits,

card mis-use,

unpaid standing order,

unpaid item,

exceeding your overdraft,

overdraft interest (see below),

total charges (see below)

notifed fees

Unauthorised overdraft arrangement fees

(more will be added as and when confirmation is found)

 

you can not claim for:

 

ATM (cash machine) usage (typically £1),

an agreed overdraft fee,

anything which is deemed a "service" by the bank

(more will be added as and when confirmation is found)

 

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

Overdraft interest calculator thread

 

Total charges (HSBC)

 

Again this is another issue which many people aren't sure about,

 

total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges

 

"total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month

 

 

 

Important!

For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.

Edited by Rooster-UK
Addition.. thanks freaky
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HSBC- £4995, settled payment in full

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Unsure about what to claim, or confused about overdraft interest? Charges explanation

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