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Everything posted by overcharged_consumer

  1. Morning folks, My claim was issued last friday and deemed to be served on Wednesday although they will probably have received it on Tuesday. Now, I note from a good few of the threads on here that their claims were acknowleged before it had even been deemed to be served. I know it's only early days (they've got 12 more days) but mine hasn't yet been acknowleged. Does anyone think I should drop them a quick e-mail stating: RE: URGENT - CLAIM NUMBER XXXXXX Ref: Acc: Sort code: Dear Sir / Madam, Following your failure to respond to my requests for repayment of unlawful charges applied to my account I have issued a claim in the County Court with the above claim number. The claim was served on 31st May 2006 and you have until 14th June 2006 to acknowlege this claim. If you haven't received any documents relating to this claim then it is important that you advise me immediately so I can ask the court to re-send the documents as failure to acknowlege the claim by the due date may result in judgement being entered by default. Yours sincerely Overcharged_consumer I don't know if it's the done thing and don't know if I should have any other communication from me to them now that a claim has been issued or whether the only communication that should now be entered into is responses to any offer they may make. However, I'm conscious of the fact that if they claim to have never received the court papers they can apply to have the judgement set aside but if I send an e-mail to them pointing out that a claim has been issued the onus may be on them to follow it up if they haven't received the documents. Cheers folks. OC
  2. Just here dude. Enjoy. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5 OC
  3. Yup, and if you're a shareholder, sell now before they release any profit warnings!
  4. Goin' down the only road I've ever known Like a drifter I was born to walk alone And I've made up my mind, I ain't wasting no more time. LOL Quality song! In answer to your subsequent questions: It seems that many receive settlement within 7 - 14 days of issuing the claim. I was in the same situation - I couldn't afford the £120 when the 14 days expired and had to wait a further 14 days to issue proceedings. While many seem to have received settlement within 7 - 14 days I'm fully expecting HSBC to file a defence in my case thus forcing me to pay an additional £100 allocation fee. I don't know why I feel they may do this but I've just got a feeling they'll be awkward with me because they've not responded to any of my letters other than a "we've received your letter and are investigating" letter 16 days after my LBA! Take inspiration from the song you originally quoted. Don't waste any more time. If you've got the £120 and need to cut back for the rest of the month then do it - you'll have your money sooner. I wish I could have borrowed the £120 because I may have had this settled by now if I did. Remember also that you'll get the fees back when you win. Good luck OC
  5. Aye, e-mail bankfodder with the claim number, issue date, basic claim amount, interest amount and costs amount. Added together this obviously forms the total claim amount. Good luck OC.
  6. What gets me even more is when the bank refuse to grant a temporary overdraft but then ALLOW the DD's to be paid. If they allowed the DD's to be paid thus taking me overdrawn, why wouldn't they just grant a temp overdraft in the first place? Because they wouldn't grant the overdraft I get charged a small fortune on top of the overdrawn amount thus increasing the debt more. As you say, contradictory.
  7. Well, letter received from Northampton County Court on Saturday advising that claim is deemed to be served on 31st May and stating that the defendant has until 14th June to acknowlege claim. Reckon they will have received it today - just playing a waiting game now to see when they acknowlege. I reckon they'll try and drag this out and put in a defence. If that happens will it be the first time HSBC have actually entered a defence? OC
  8. LOL, it's already spent! Behind with the council tax and the water rates so gonna settle them. A grand for the missus to reduce some huge credit card bills by a fraction. Also gonna keep a little my account to bring it back in order.
  9. Don't send them a cheque - just authorise them to debit a tenner from your account. If you have to send a cheque then make it payable to HSBC Plc I guess. OC
  10. Basically, if the charge reduces the balance then it's been debited. I had the same confusion, well, OK, not confusion but I couldn't understand why they'd charge for bouncing a DD on a few occasions and then further down the statement they'd charge for *total charges* too. I think I figured it out in the end. They charge for each refusal at the time of refusal. However, for each occasion you increase your unauthorised overdraft they also charge you but this charge is only deducted once a month. Therefore, the way it worked for me was: Get paid. Account in credit. Spend some money. Drink some beer / wine. Buy some food. Account still in credit. Pay a few DD's. Still in credit. Go out again and drink. Get carried away. Ooops, no money left in account. Charges from previous month applied (used to be £72 here, £54 there but now £25 per *offence* subject to maximum of 5 offences so usually £125). Overdrawn. Charge of £25 registered for collection following month because overdrawn. DD collected. Overdraft increased. Another £25 charge registered. DD refused. £32 charge applied immediately. Another £25 charge registered. Maestro payment paid. Another £25 charge registered. And so it continues until once again I get paid. Once paid the cycle starts again. So, in a nutshell, they charge you once a month after giving 14 days notice (usually on your statement) for any charges incurred the previous month as a result of increasing an unauthorised overdraft. However, for any DD's, SO's etc bounced they will apply an immediate charge which is IN ADDITION to any fees for increasing your overdraft. But here's the killer! They kick you in the bollocks by doing this because the £32 for the privelige of bouncing a DD takes you further overdrawn to another £25 charge is registered! That's £57 to bounce ONE DD. Absurd? I think so! I think that's how it works anyway. It was the only pattern I could see. My bank seem to have given up bouncing DD's now so over recent months I've only been getting charged £125 per month for the privelige of having a bank account. That's actually quite a bargain when you consider that I have been charged up to £450 in some months in the past when things were really tight! Looking through statements you can also see the spiral that gets you into this mess in the first place. Perhaps unsurprisingly the spiral started with just one charge! OC
  11. Watch out HSBC - Mr Skull is spitting blood! TBH, I wouldn't say it's an act of spite though. I suspect it genuinely is a commercial decision. I'm not saying I agree with them, far from it, but it's important to remember that it's nothing personal. If you look at it as a personal vendetta against you then it could just end up cracking you up. I'm watching your progress with much interest and fully expect to see you in the press in the not too distant future OC.
  12. Personally I wouldn't bother. I totted up all debit interest, including interest charged on parts of the overdraft that weren't made up by charges and it came to just short of £20 over six years which means that it wasn't really worth the effort calculating an accurate figure for the purpose of the claim. I suppose the fact that I've paid such a small amount in debit interest over six years shows just how ridiculous these charges are. Any unauthorised overdraft I've ever had has never been for a full month, has always been broght back into credit on pay day and has never really caused them any problems at all because they have always known that my account is credited with substantially more than the amount of the unauthorised overdraft at the end of each month. OC
  13. No, the interest referred to there is interest that has been charged on the charged if you were overdrawn at the time. The 8% comes later at claim stage. Good Luck OC.
  14. LOL, one other thing - they wish you well with your future endeavours?! Your future endeavours are to get EVERY LAST PENNY back that they took from you. This is going to cause them serious headaches and possibly huge expense. D'ya reckon they mean it? OC
  15. Commercial Decision??? In orther words, they know you're not going to go away and they know that every time you incur a charge you are going to contest it. Therefore, not only are they NEVER going to make any money out of you, you are going to cost them each time a charge is applied because you are going to begin proceedings to recover the charge. Commercial Decision - at least they're honest enough to say that although they clearly don't have the balls to admit what commercial reasons they are using. I'm expecting HSBC to close my account on the grounds of account misconduct. I will query why they have been happy enough for me to conduct my account in the way it is until now - could it be due to the fact that it's what makes them money? Yes, my account may not be conducted properly because I go overdrawn EVERY month (which will stop when I get my refund) but it also gets a substantial sum of money paid into it each month which is enough to cover the overdrawn amount several times over. Another thing - they seem happy to let me go overdrawn yet they won't allow me to have an authorised overdraft!? Hmmm, methinks they like making money out of me. Good luck Mr Skull. For the stuff they have filed away that isn't covered by the DPA, can you not get a subject access request? OC.
  16. One other point to note - HSBC generally have a £50 overlimit buffer so providing you don't go further overdrawn you shouldn't incur any further charges. OC.
  17. Oh, one other thing. Since beginning this process, for the first time ever, I received a letter from HSBC (Mr Bowden methinks) advising that I'm overdrawn which will incur charges if I continue to increase this overdraft amount! This is the first time I've ever had a letter advising me of the situation and I can't help but think it's linked to the action a started. OC
  18. Righty then, Morning all. 13th April - Sent Request for Repayment of £2,890.85 by Special Delivery (received 14th April) and e-mail. - No response other than an e-mail ten days later apologising for delay due to technical issues preventing e-mail access. Wondered why they couldn't respond to the letter instead. 27th April - Sent Letter Before Action, amended to include new charges. Total requested £3,040.85. Sent by Special Delivery (received 28th April) and e-mail. Intended to file claim on 11th May but had an unexpected expense between LBA and claim date so could not afford the £120 court fee. Received reply dated 12th May (!!!) thanking me for my letter re charges....investigating.....bull poo....will be in touch when investigations complete. Wondered why it took so long to write three lines! 26th May - Claim filed on Moneyclaim. More charges added. Amount now £3,165.85. Interest added at £559.91. Court fee £120. Total claim £3,845.76. Claim number is 6QZ34021 - it feels good to be sat behind a number as familiar as this rather than in front of it (I've been on the receiving end twice, one of which ended up in a CCJ just over six years ago). I know others have received settlement of amounts greater than this but I'm fully expecting, and looking forward to, this going to court. Now that this has been issued I will keep you updated. Just wanted to complete the initial stages while keeping my head down. It seems that HSBC ignore some and respond to others - I wanted to see if they responded to someone who didn't publish their details on here. Just out of interest. It could just be coincidental though. Donation will be heading your way if and when settlement is received. OC
  19. Can I just ask, and apologies of it's hijacking the thread, but is there any reason why we put the local branch down rather than the head office address? If it's purely so the case is allocated to a local court then I thought it was allocated to the claimants local court anyway? Is there any other reason why as I would have thought a branch would forward it to a central orifice anyway? Cheers OC.
  20. Except that you're paying the defaulted amount based upon what you can afford, presumably from information you have provided re income and outgoings etc. They have agreed upon a reduced repayment amount in order to allow you to have some money to live on. Now, if you have surplus money in any given month, and they know about this money, they are probably well within their rights to ask for a higher payment that month. It works both ways too. If you lose your job and can no longer afford the agreed reduced payments then you can negotiate with them to reduce the payments further until such a time as you can afford to increase them again. By providing proof of income and outgoings they are unlikely to reject any reasonable offer of repayment because to take it to court would just waste the courts time and would not be looked upon favourably. So, unfortunately, I reckon they are within their rights to use all of this money to reduce the amount owed. Probably not what you wanted to hear I'm afraid but look at it on the positive side - you'll be £900 closer to removing those handcuffs they've had you in for however long. The sooner you cut that tie with them the better. Good luck OC.
  21. Firstly, sorry to hear of your loss. I also understand how angry this must make you feel. I'm not sure on the legalities of these things but I would imagine that if, as executor, you are responsible for settling this loan, you are also responsible for ALL financial affairs and therefore you could quite legitimately raise a claim against this organisation. Good luck. OC
  22. It's in the library section. Have a look at the FAQ's and also have a read around the site to take in all the information. There's a step by step guide too. Good Luck OC
  23. Methinks you've won by default. Well done - sit back and await payment. Well, check MCOL and see what they say about what happens after judgement has been entererd into. Ultimately, if they don't pay you can send in the bailiffs and if that happens, have the press waiting too! OC
  24. AFAIK, they can call in an overdraft at any time but providing your loan payments are up to date and you stick to the original agreement by paying the agreed monthly payments then they can't demand the entire amount unless you default. OC
  25. It's the interest that the bank have charged you on the charges that have been applied. The 8% isn't added until it goes to claim time as per the FAQ's. IMO, calculating the interest charged on charges is far too difficult for the few pounds it actually is and therefore not worth including. Good Luck OC
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