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molly1959

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Posts posted by molly1959

  1. Thanks i have also spoken to the cccs and they told me they will deal with Dg and i have not to speak to them as they will only want me to offer a apyment. So that ok. Do i have to send the £10 and ask for back statements i cant get them online now.

  2. Hi Johnny

     

    Thats great will do. Can i claim the £50 a month they have added since i put my claim in, i have not got anything going out of that account now as got a parachute one, the money they keep taking is because i am overdrawn they made it this high with their charges.

  3. Hi

     

    I sent that letter above to hsbc and i will type up the reply they sent, they then sent me a letter from Metropolitan which i ignored i have now had a letter from dg i will put them all on if any one could give me any advice i have not spoke to any off them and have got a new phone number so they can't contact me.

     

    24th feb

    They have fully investigated my concerns and have said.

    I acknowledge that a legal challenge to the bank has been raised in your name. However at present a legal challange to charges is not a dispute of the balance of an account. Therefore even though a legal challange has been raised the banks collections procedures will still continue.

    I acknowledge that you are paying funds into your account each month (i have got a plan with the cccs who pay £6.00 in each month which they would not accept) however the bank was unable to agree to the repayment offer to the level of debt outstanding which is £2,827.74 Therefore a final demand has been issued on the account. Please be advised if no repayment plan is agreed in the near future the debt will be passed to the debt collection agency. Then gave me a number to ring which i did not do. I am claiming back around £1500 charges it rose to the higher amount as they are charging me £50 a month charges i have not got anything going out of this account and not sure if i can claim the rest of the charges back?

     

    Next letter from Metropolitan

     

    We have been instructed by HSBC Bank to collect the above debt. You must pay it in 7 days. Please note failure to make a full payment may result in your account being transferred to DG to commence legal proceedings.

     

    These did keep ringing but i never spoke to them.

     

    Letter from Dg

     

    We act on behalf of HSBC We are advised that despite full demand repayment has not been made.

     

    We have therefore been instructed to take legal action against you in the count court to recover this debt, This may result in the bank obtaining a judgement against you which if not complied with may result in an application to secure a charging order against your property (my mortgage is with hsbc) The rest is just about how to pay it i have got 14 days to do this got this letter on 6th april.

     

    What do you think i should do now. Thanks Molly

  4. Thanks

    I will do that also i have got a plan with the cccs and they offered a payment to hsbc which is paid every month not much but they refused to accept it. But cccs said to still pay it which i do.

  5. Hi

     

    Hope every one is ok not been on for a while.:)

     

    I got a letter of the hsbc saying as i have not offered them a payment to clear my o/d they want it all back within 7 days in full. If i can not do this they have enclosed means test form so do i fill this in and make an offer? It goes on to say action will be taken if i don't do either. which could be debt collectors or solicitors or i could be taken to court. Not sure what to do. :???:This is the account i am claiming charges back from but they are charging me £50 a month interest on the o/d. Also i have got my mortgage with them could this affect my mortgage.

  6. Hi

     

    Not been on for a while i have managed to move my life insurance to my daughters account, so they are just charging me around £50 interest on my o/d can i claim this back? :? Iam also in process of claiming my money back from XL we were going to florida with them:mad:

  7. Hi

     

    I got this of DG We refer to the Order of the Court made by Distric Judge Travers dated 27th November staying the ckaim until 31st March 2008.

    We enclose a copy of the letter dated 27th March that has been sent to the court respectfully requesting that the court agree to continue the stay in the above reference claim pending the final determination (including any appeals) of the test case.

     

    And not heard anything from any one since this.

  8. You can only claim back the interest on the portion of the o/d caused by unlawful charges , molly - the 'Advanced' spreadsheet is designed to take care of that. Speaking personally , I'm not sure it's worth the hassle, but I know there are people who will disagree with me. :)

     

    So really,it's a personal decision, if you decide to just claim the charges , then the 'simple' s/s is OK.

     

    Just as a matter of interest molly, did you get official notification that your other claim had been stayed? Reason I ask is, if it wasn't and you didn't turn up at court, HSBC may try to have it thrown out.........

     

    Hi yes got a letter of dg saying it was they were appling for a furthur stay till it was sorted out. Is that ok. I did originally go to court because i had a date when i got there hsbc were their when we went in the judge said he was sorry my time had been wasted it had slipped through by mistake.

  9. Hi

     

    Yes it is the same account he was from hsbc he did say it could be passed to a debt collection and would effect my credit rating or they couldclose the account and demand full repayment and issue a default notice.

     

    Since this claim they have been adding charges on each month around a thousand pounds i was going to start another claim they are charging around £35 charges a month also £25 od fees should i claim this interest back i didnt on my first claim. Also our mortgage is with them they can't do anything about that can they we pay that through my daughters account so its all upto date.

  10. Hi not sure what to do i keep getting calls from hsbc because i am over my od i have tried to explain i am not in a position to clear this then he got quite rude saying i had used their money but not prepered to pay it back, i explained i was claiming charges back then told their was no guarantee i would get them, and unless i made a proposal to clear this debt i would be getting more phone calls and leters about this not sure what to do now any help please.

  11. Hi

    Thanks for all your kind wishes.:)

     

    I am thinking of starting another claim with hsbc, i had an 800 overdraft which has now reached £2.500 i have one dd going out which is life insurance it only £13 i asked them if i could pay this through my daughters account the originaly said no, and kept paying it so i have been paying £35.51 in interest also £25 fees. I then received a letter saying they had reveiwed my overdraft and were happy to let me still have £800:? i don't think anyone must communicate at that bank as you can see i am well over my limit. They are now calling it an arranged o/d fee. So can i claim this back also should i try and claim the interest they are charging me as well.

  12. Hi

     

    Just popped in not been in for ages, my daughter is doing very well with her treatment, so thats great news .:D I returned to work after xmas after my stroke, then ended up having a heart attack only good thing was i work in a hospital so for once was in the right place. Hoping to go back to work in couple of weeks being redeployed as not quite upto my old job, but don't mind that. I have had a letter from hsbc solic saying they are applying to stay the case again, think judge told me to get intouch with court again in june. But think i will just wait and see now i know they are trying to stay case again do you think thats ok.

  13. Hi

    Thanks for your best wishes feels a bit like the bottom has fallen out of my world , i think you can cope with anything thats thrown at you but when its your kids its so different, she is starting treatment on 12th dec so just got everything crossed.:(

     

    We went to court today, sat for ages guessing who was hsbc solic and we guessed right was little jumped up one, any way got called judge apologised as we had slipped through the net and should of had a letter from them saying it was stayed apologised to hsbc man but did say in a polite way ''you will be paid very well for turning'' did make me smile. Any way case stayed till 31st March told me to listen to news etc how test case goes i then have till end of june to put my case forward. I was a bit unsure what he ment but said ok then as we went out hsbc said are you ok with that you did look a bit puzzled, he then told me i just write to the court before end of june that i still want to proceed with my claim i don't need to send any more doc or anything so basically that was it. There were 3 Abby cases and 1 Barclays there banks solic all introduced there self to there claims people, only hsbc that didn't say who he was till went in with judge all there cases were stayed and one was trying to lift stay but didn't get it lifted. So thats it till march i think.

  14. Hi

     

    Got a court date for tomorrow, never got round to amending my bundle had hospital appoint and i have had another stroke, that explains why i was struggling so much, but never mind things got worse my youngest daughter 22 has been diagnosed with cevical cancer can't get my head round it yet was such a massive schock. Not sure if i am going to go to court tomorrow will just see how we feel. Thanks every one for all your help

  15. Hi

     

    I think i got the cag bundle wrong i looked at it again and i only sent them these

     

    The Dunlop

    Utccr

    ucta

    soga

     

    I just sent the parts relating to this

     

    I sent terms and con the oft summary, didn't do the bbc conclusion.

    Will that be ok do you think or should i print the full cag bundle out

    I have put all other bits in statements, charges, etc. And you thought you had escaped me:)

  16. Hi

     

    Thanks i have already taken it in i should have left it as it was now looking at my copy i have missed a lot out, but to late took court copy today and took the banks into my local branch they were not very happy told them who it was for they said they would have to ring Jason and check with him that was ok, suprise suprise they couldn't get hold of him, the manager then appears he said he would make sure he got it, i got a signed and dated receipt for it. Will just wait and see what happens.:)

  17. Well one disaster of a day got a lift to courts friends car broke down thought i will get the bus got out the car and dropped my bundle in a bloody big puddle by the time 10 to 4 i rang the court explained they said i can have till 4 tomorrow to get it in, they were very nice.

     

    I am having to redo some of it does this look right its my cag bundle

    Statement of evidence

    correspondence

    bank statements

    shedule of charges

    relevent case law summery

    early day motion from house parliment

    dunlop v new garage

    utccr 1999

    ucta 1977

    soga 1982

    terms and conditions 1996

    i have just printed the pages of cag that it says above i looked at tanya front page and just did bits she did, i have got a copy of the whole cag if i need it. I did originally print all of cag out thanks

     

    is that all i need out of cag bundle

    Also the oft summery do i put these and executive summary together bbc commission i have printed the Analysis of unfair term does this go with the oft report :) Whats the BBC commision conclusion please

  18. Thanks

     

    Nearly done got a letter of Dg this morning saying they are applying for a stay, do i still need to get bundle in on time, only asking that cause i can't drive yet and saves me asking for a lift to the court.:)

  19. it should be bound together molly in some form - one for the courts, one for the banks and one for you - bound in a folder, bound with string, bound however...........

     

     

     

     

    fl, you took the biscuit in the panic sweeps when doing your bundle and also the prize for most excited when you got your offer!!!:D

     

    I have got some very pretty ribbon that might stop them staying it:-D

  20. Hi

     

    Thanks your a star i have copied it so with that and the other bit about analys of unfair terms i add these to my cag bundle, i am just goung to look at my daughters letters as i sent hers of at same time as mine.:)

  21. Do i put the analysis of unfair terms Hi im back again, not sure were i look for section one is it the bundle cag zip if it is what part, i have got till 4 pm tomorrow to get it in, you will be very pleased to hear:-DDo i put the analysis of unfair terms in the cag bundle

  22. Leave the one in the bundle and work from the link above. The full OFT report.

    Print out the front cover, section 1 "overview",Executive summary. also section 4.21. This is to replace the oft report summary in the basic bundle.

    Also include this Analysis of unfair terms in Schedule 2 (135 kb).

     

     

    Hi so do i one in the bundle. What is the front cover section 1 overview Executive summary also section 4.21 and Analysis of unfair terms in Schedule 2 (135 kb). is this extra that i just add at end of bundle. Can you tell me exactly what i need. I am totally confused with it all.:confused:

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