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Everything posted by overcharged_consumer

  1. I know - I can't find one though. I know Bankfodder has advised that the total claim is based upon your line of thought and I'd tend to be swayed by anything BF says given he's read up on a lot of this law stuff. All I'm going from is what I see as logical from my own claim - the TOTAL amount claimed is the charges PLUS the interest at 8% and it is this figure which is entered in the TOTAL CLAIM box. Therefore, it seems only logical that it is this TOTAL CLAIM amount that determines the track on which the claim will be dealt with. Like I say, I'm only going on logic here and nothing about life is all that logical but I really can't see any other way in which it would work given that there is nowhere on the forms that provides for entering CLAIM BEFORE INTEREST. OC
  2. Hi Wayne, First thing you need to do is to read the FAQ's and the step by step guide. All the hard work has been done for you but you really need to read it first. Then have a read around the forums to familiarise yourself with the process. Once you've done that please come back with any questions you may have and people will be more than happy to help. Good luck OC
  3. There is conflicting advice on this but I really think it does. If you have a claim for £4,900 and the 8% interest takes it to, say, £5,100 then the total claim is £5,100 and the fee is calculated as such. If the fee is calculated based upon a £5,100 claim then that is what the claim is for and as it's over £5,000 it will go fast track rather than small claims track. Just my tuppence worth but I'm fairly certain the interest forms part of the claim. OC
  4. quote=sopsps in another thread]Hi HSBCrusherI filed a MCOL on June 1st and like Overcharged, I haven't had a squeak from HSBC either. I thin kI need to contact them to bring my claim to their attention! When you wrote to them tellying them you've taken action - did you send a copy of the pdf form with the claim details that you can view on the MCOL site? cheers I know your question was put to HSBCCrusher but I thought I'd let you know what I did too. I've responded in this thread to avoid hijacking someone else's. I didn't send the PDF form to them, I merely responded to a letter they sent me. In the letter I advised that I had raised a claim in the small claims court which had been served and mentioned that I was awaiting acknowlegement of the said claim. OC
  5. Save hijacking this thread I'll post in my own, titled A shade under £3,000. OC
  6. If they fail to acknowlege I can apply for judgement after 14 days but I don't really want to win by default. Ultimately it has the same outcome but I either want them to acknowlege that I'm going through this process and offer settlement (because even though they say "without admitting ...." they are still sort of acknowleging they agree that their charges are wrong) or for it to proceed to court for a full hearing. The latter option, regardless of whether or not I win, means I've had my day in court and have made a point. If I win by default it just means that their internal processes have failed and doesn't provide any sort of moral victory. As useful as the money would or will be, it's the moral victory that matters the most. OC
  7. Cheers Crusher. I figured it may have something to do with volumes of claims but then that doesn't explain why yours was acknowleged almost immediately and mine still hasn't been even though my claim was issued over a week before yours. I've sent them a letter advising action has been taken and advising that I'm still awaiting acknowlegement of the claim. OC
  8. They're probably not checking your credit history, just who you say you are. I also believe that the record of the search isn't visible to other lenders - just you so you can see a record of searches. This should therefore have no effect on your credit rating. Insurers may however carry out a credit search to assess how likely you are to be desperate for cash so they can determine how likely you are to arrange to have your own car stolen etc. However, this is unlikely - the only time they're really likely to do this is if you make a claim and they smell a rat. OC
  9. Did you not send them the schedule of charges they requested? Although they obviously have the information already it may be worth writing to them saying you enclose the schedule of charges and will be filing a claim on xx/xx/xx if you have not had a satisfactory response by then. OC
  10. OK, so, Friday I sent a response to the letter from Mr Beaumont. In it I thanked for the response (some six weeks later) and advised that the matter was now being dealt with through the courts. I sent it by post and also by e-mail marked URGENT - FAO Mr Beaumont. I have this morning received an e-mail in reply stating that it's been passed on. Hopefully someone will now acknowlege my claim - it's really getting on my wick - it seems as though everyone is receiving acknowlegements except me. It's almost as if I don't exist! OC
  11. Why is everyone who filed a claim AFTER me receiving acknowlegment letters and in some cases settlement letters while I HAVE HEARD DIDDLY SQUAT??? They haven't even acknowleged online - they've got until Wednesday at 4pm. I'd really rather they acknowleged rather than me winning by default. OC
  12. I haven't a clue what HSBC are up to! You filed your claim on June 5th, for issue June 6th and service presumably June 11th. They've already acknowleged your claim. My claim was issued May 26th, served May 31st AND STILL NOT ACKNOWLEGED!!! OC
  13. Kate, Go to a broker and shop the market for mortgages for the best deal rather than just going for your banks products. Incidentally, Northern Rock, mentioned in a previous post, offer one of the best deals around at the moment (at least they did a couple of months ago). If you do go after A&L for this charge then you have to be prepared for the fact they they could very well close your account even if you're only claiming £25. However, it's the principal not the amount so you do what you feel is right if you don't get a satisfactory response. Good luck OC
  14. How long are you tied in for? If it's only got a year or two left you could always hold out and then claim when you've changed providers. By the sounds of it you may have an entirely different case against them anyway. Rather than the unlawful and unenforcible tack you could go for the fact that the arrears and subsequent charges were the fault of A&L and therefore not your responsibility. However, in order to prove this I guess you would have to demonstrate that you paid the arrears in reasonable time. I'm not convinced that a mortgage provider would close the mortgage account because someone sued for charges but anything is possible and as it's a whole lot more difficult to open a parachute mortgage (in fact it's impossible given that would involve you closing your existing mortgage and transferring to a new provider whch would inevitably incur fees if within the tie in period) it may very well be advisable to wait until you've transferred mortgages in a few years. Good luck OC
  15. Yes, 14 days includes weekends. As someone pointed out - they're quite happy to charge you at weekends so why should they be discounted from your timetable. OC
  16. Well well well! Still not acknowleged but I FINALLY received a reply from Mr B in the Leeds Service Centre some SIX WEEKS after sending my LBA! WOW - SIX WEEKS! I think poor Mr B must be extremely busy. I also feel quite sorry for him because he seems to be the one responsible for telling people to go away only to be undermined a few weeks later by someone else. It's the usual response. Bank does not agree....contention....charges....unlawful blah blah. Ending with Whilst I accept that this letter will not provide the response you were hoping for.....ombudsman.....final response. So, going to respond with this so that I can prove they've been made aware that the claim has been issued: Thank you for your letter dated 7th June 2006 in response to my letter dated 27th April 2006. As set out in my letter, I advised that unless I received a satisfactory response within seven days I would issue proceedings in the small claims court. However, as a matter of courtesy I decided to delay issuing proceedings until I had received your response which, four weeks after sending my letter had still not been forthcoming. As I believe that four weeks is more than enough time in which to expect a response I believed that you had decided not to respond to my request and therefore issued proceedings in the small claims court. This claim has already been issued and served and I am now awaiting your acknowledgement of the claim. Whilst I appreciate that this does not provide the response you were hoping for, I have already issued a claim in the small claims court and as such am unable to refer my complaint to the Financial Ombudsman Service Do you think the last bit is extracting urine too much? Going to send by letter and e-mail. Cheers OC
  17. But is there not some sort of code the bank can use to state that THEY closed it rather than you? I know banks use secret code in bank references which, to the customer looks like a good reference but between banks and lending institutions has a different meaning. With regards to mortgages and loans, these are on separate agreements and they could not just withsraw your mortgage without reason. If you've kept up payments on it and aren't claiming charges back in respect of your mortgage account then they have no reason to close it. Besides, as this whole thing snowballs, if banks continue to close accounts, they will eventually end up with a much smaller client base. OC
  18. I don't quite understand what you mean? You need to fill in your particulars of claim and then at the end add: The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the date each charge was applied to 9th June 2006 (ASSUMING YOU'RE ISSUING THE CLAIM TODAY) of £ (DID YOU FILL IN THE SPREADSHEET? THE AMOUNT IT CALCULATED AS INTEREST SHOULD BE ADDED HERE) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.13p (ASSUMING YOUR CLAIM IS STILL FOR £588). Remember too, the total amount you're claiming should be entered as the amount of your claim (£588) PLUS the interest up to today as calculated on the spreadsheet. Good luck OC
  19. No, you can't. You can claim the ACTUAL interest that they've charged on the charges if you were overdrawn when the charges were applied (or if the charges took you overdrawn or contributed to taking you overdrawn). However, this is difficult to work out and usually doesn't amount to much anyway. After raising a claim you can charge a maximum of 8% on each charge since the date the charge was applied. OC
  20. What date did you issue your claim, what date was it served and when was it acknowleged? I issued on 26th May and it was served on the 31st. They still haven't acknowleged. My whole claim seems to be taking longer than anyone else's! I only received the standard response YESTERDAY to my letter sent on 27th APRIL!!! Acknowleging basically extends the time in which they can enter a defence by an additional 14 days. They may enter a defence, they may not. However, either way they will probably wish to settle out of court and will contact you accordingly. Cheers OC
  21. Nick, The daily rate is 0.022%. Work out what 0.022% of the total claim is. This is the figure you need to enter. Alternatively, let me know the exact amount of your claim and I will tell you what monetry figure to add. OC
  22. All claims submitted on any given day are processed and issued after 10am the next working day. If you get in early enough before around 9am) it can be issued same day. OC
  23. Just seems to be a flat 6 days regardless of weekends and bank holidays in my experience. I issued a claim against my bank and there was a weekend and bank holiday in between. Claim issued 26th, served 31st. Issued another claim against an individual on the 5th and received a letter saying it would be served on the 10th. That's issued Monday, served Saturday! Either way, Northampton CC writes to confirm date of issue and date of service anyway. Hope it helps. OC
  24. Ahhh, so that would be what the scales are for then. Thank you. I've just clicked yours for the quick response. Must remember now to click people's scales when they help me. OC
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