Thanks Freaky =) I shall wait on Welshpool courts then.

Do you need business T&C's? I just found Midland Business Banking Charter efftective 7 March 1998. It's a biggy but I'll scan it if it will help anybody.

Thanks for reassurance Jowalshy and Pete! I calmed down and after reading the new Court bundles for Dummies felt more in control. Maybe I shouldn't even look at this until I get home and have glass of wine firmly clasped in hand. So, I have now had the transfer paperwork. I am going to send Lattie's 1st nudge letter to DG. Do I wait now to hear from my local court before doing anything else? How did people get on with the draft orders, I couldn't see much feedback?

Can someone help please? As I have internet banking I never did a S.A.R - (Subject Access Request). The 1st letter I sent to HSBC was off the BBC web site, "Due to recent media coverage on bank charges I now believe that you, HSBC have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss. Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e). Therefore I require you to refund me a total of £1,386.00, representing the total, unlawful amount charged during the last 6 years. I attach a copy of my workings. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs. I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against." ----- On the statement of evidence point 8 it mentions the SAR but am I right in thinking this is just for T&C’s? I opened my account in 99 and I have the T&C’s Stax got from D&G which say 7.4 – I MUST not go over any overdraft limit that is agreed with unless you get our agreement first and 7.10 which says the charge is to cover man/admin costs. I think I’ve got it covered but I’m getting a little panicked now.

DG submitted their defense on Saturday 9th June. So, now I need to wait for transfer papers?

From the the threads I have read they seem to leave it to the last minute! But, I'll cross my fingers for you too!! They have till the 11th June to defend mine =(

Hello You can change your schedule of charges right up until you start your claim and it does not matter it was not in your first letter. Just make sure you send the updated schedule to DG once they acknowledge the claim. When I submitted my claim I didn't include the charge they were taking next but maybe someone else can inform you about this.

Ok, I have sent 2 copies of SOC to Court and 2 to DG. Now the wait! I'm currently pulling the house apart looking for T&C's. I have found the original letter dating back to 2000 agreeing my overdraft with 2 pages of terms and conditions (all my charges are for exceeding my overdraft limit) which I emailed to Alan. Looks like we may have all the old T&C's between us reading other threads =) Also good to see some offers coming through as I got a little worried last week!

I received the notice of acknowledgment today. The claim was deemed to be served on the 14th May. I guess they have 28 days from that date to file their defence, so 11th June? I will send DG my SOC in the meantime.

Thank you =) I'm going to spend the time following some people on here who are ahead of me, I see we are not getting AQ's through MCOL so I need to re-learn the process! So anybody around who is a a few weeks ahead of me and fancies holding my hand?? ;-)

OK, MCOL submitted today. A few days late due to illness but can't be helped. Letter with 2 copies of charges and interest ready to be posted to courts. Total Charges £1,386.00 Stat Interest £ 375.13 Court Fee £ 120.00 Total Claim £1,881.13

oops...

LBA to be sent today. 1st May noted in diary for MCOL submission.

There is a message on the HSBC site that this has in fact happened again today and some salary BACS payments will not hit peoples accounts until Monday: "Delayed salaries. Due to problems with the UK BACS payment system, some payments including salaries may not have been paid in to bank accounts today. These salaries will be paid in to accounts on Monday at the latest. If you are affected by this and require assistance please call us on 08457 404 404."

Sorry. One more point! My first letter was taken off the BBC site and was more a LBA - giving them 14 days to pay money in full to my account or I would start court action without further notice. Can I just ammed the LBA to say I am giving them an extra 14 days (beacuse I'm a nicer person than you) or just start MCOL? An extra 14 days does not make any difference to me and it will show willingness but I don't want to look like a push over!

Thank you Livelylad. I've read the faqs a few times, have an account set up on MCOL already and interest calculated. Hopefully I won't have to ask too many questions, it seems most things are covered here.

Hello I sent my 1st letter to HSBC recorded delivery yesterday. Unfortunately I did not find this site until last night. The information here is vast, I'm glad I found you. When they don't respond to my first letter I will send a LBA and give them another 14 days. The SS has been a great help to calculate interest, at the moment my claim is for £1,386 but I can add another £362 of interest later. Any help will be much appreciated and I will keep you informed of how I get on. One question: I already have a 2nd bank account set up with HSBC. Would this do as a parachute or should I look elsewhere. I have a credit card and loan with HSBC - the credit card will be paid off before anything happens and I have never missed a loan payment. 26/03/06 - 1st letter sent 16/04/07 - LBA Sent 08/05/07 - MCOL Submitted 08/05/07 - Letter with 2 copies charges sent to court