Your certainly right to take this up with HSBC directly. It may also be worth trying the Financial Ombudsman Service Financial Ombudsman Service as they may be able to help in a case like this. Not necessarily quick but I am not sure you would be able to push them from a legal point of view on this and with the charges already refunded you don't have much leverage.

I assume you mean 6th March to send the LBA I know this stuff can send you a bit mad!!

I am now starting to pull together my AQ and have a question. As I mentioned in Post #8 HSBC charged me a further £125 since I submitted my MCOL. Am I pushing my luck to have this included now or should I include it as part of my schedule of charges in the event that my AQ actually gets filed and I have to keep my commitments as specified in the Draft Order of Directions that will go with it? Thanks

Bex this is very much a standard letter basically wasting your time. Ignore it and keep to your own timescales.

For a first claim it is unlikely that they would close your account particularly if you are only claiming a small amount.

You can claim for any charges that you have not previously made a claim for. However, you may want to set up another account as it is likely that HSBC will close your account after a second claim.

You need to make you cheque payable to HMCS. You can confirm this by reading leaflet EX50 on the court website Her Majesty's Courts Service - Home

Looks like you are a day ahead of me so good luck I will be watching with interest!

This is the defence that HSBC have filed. I presume that this is a standard defence but would welcome that being confirmed: ------ 1.The Claimant's account is governed by the Defendant's personal and/or business banking terms and conditions. 2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft. 3. The Defendant denies that the charges applied to the Claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). 4. The charges applied to the Claimant's account are reasonable and are properly and fully disclosed in the Defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatvely, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty. 5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled ti the relief claimed or any relief. ------ I assume that the spelling mistakes and poor grammar are because they are a little bit busy at the moment!!!

yeah touch and go as to who gets the prize as Nettyg got in first but Michael's post is prettier!!! I will leave it to the forum to decide!

It won't matter for the prelim but best to send the LBA recorded. Don't worry about down the line it isn't as bad as you might think and maybe you won't even have to go there.

yeah basically ignore any letter from Colin unless it is offering the full amount (or close if you don't want to do the MCOL stuff). Good Luck

Ok so things have moved on a bit in the last few weeks. The MCOL deadline has passed and HSBC "say" they are going to defend! (I will post the details of their defence later.) My AQ deadline is 6th March 2007 and I have a N149 form to file in an take to the court on or before that date. Any advice on the next course of action would be appreciated. i.e. should I hassle DG when should I file etc! Thanks

bump!

A few questions: I am about to send a letter to DG with my schedule of charges what do you think? __________________________ I understand that you will now be representing HSBC Bank Plc in regards to my claim against them for unlawful bank charges. Please find enclosed a schedule of those charges for you records amounting to a total claim of £xxxx including interest and court fees on the date of issue. Note that this claim is currently accumulating interest at a rate of £0.xx per day until judgment or the claim is settled from the date of issue which was the xxxxxxx 2007. In addition to this claim I am aware that HSBC intends to levy further unlawful charges against my account amounting to £125 on xxxxx 2007. Should these charges be made against me and this case go to court then I would ask the judge to take these into consideration. In the event of a settlement being offered I would also expect these further charges to be refunded. _______________________________________ The date of acknowledgement of my MCOL was 18th Jan is it now 28 days from this date before DG have to file their defense? Thanks

Great news always encouraging for the rest of us

My MCOL has been acknowledged today I assume that means now that HSBC have 28 days to file a defence is that right?

Definately don't proceed any further without reading the FAQ's on this site. Your best bet if you want to proceed quickly is to view your statements online and pick out the dates and charges and put them into the spreadsheet. Failing that you will need to write to the bank for a Subject Access Request (SAR) asking them to send you the last 6 years of statements. You will need to send £10 to them for the trouble although in most cases they will send this back. They have 40 days to reply to this request. That should give you enough time to fully understand the process for claiming your money back. Definately don't try the small claims route with an estimate!

Well I have submitted my MCOL now to see what the response is. I am actually quite excited ;-)

My first post now I have a spare minute! Things are progressing nicely. I sent my initial letter at the beginning of Dec 2006 and the LBA just before Christmas. I am filing my MCOL tomorrow so may well be looking for help Had the usual response from HSBC (we will investigate this sometime during your lifetime etc..) I am claiming around £2500 and had a letter at the weekend offering me £2200 which I am turning down. Any advice at this stage gratefully recieved and messages of support are always welcome.