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- Consumer Action Group

I don't know as I haven't had to do this yet, but I don't see why it would need anything more than you said:)

Definately hold out. They offered me a total refund of all charges, but my claim included overdraft interest on the charges that they had also taken. I held out and I'm now waiting for the cheque to arrive for the full amount

I would chase them if it's been 7 days.

I sent the agreement off and got a letter back saying the amount would be credited in the next couple of days but if it's not done in a week get back to them. My account is closed so like you I am waiting for a cheque. I will be contacting them once the seven days is up.

By the way

CONGRATULATIONS

so if you cross it out do they still refund the money owed?

Yes they do. I crossed it out and sent it off and two days letter a letter arrived from DG Solicitors saying that the money will be refunded in the next week.

Well good luck with your claims.

The offer was a couple of days earlier than I expected based on other threads I'd looked at so maybe they're giving in quicker;)

:D :D

I have received a letter from DG Solicitors today offering £1499.41 (full amount plus interest and court fee) with the usual crap about they think they would win but can't be bothered (yeah right).

Anyway, success thanks to this forum (donation to follow on receipt of funds).

Two more questions, can I cross out the 'keep it confidential' bit and still get the money and what do I do about cancelling the court claim?

Thanks for your help everyone:D

You will get the charges back if you follow the advice on here.

Go for it and get back what is rightfully yours.

Good luck.

This is a typical example of the banks kicking people when they're down. I wonder why no one likes them:mad:

Yes they can. I had the same situation, and when they wrote back, they didn't even mention the offer. Just the normal stuff that they don't agree that the charges are unlawful etc.

I filed on money claim for the total amount in the end. Now waiting for their defence:)

I'm not sure what they include in Toal Charges, but I think they vary. The £75 is a combination of a few supposed breaches I believe as I had those sort of charges applied to my account a few years ago.

In other words, if the total charges were for going over your overdraft, then if you did it three times, they would charge you three times, but show it as one deduction under 'total charges'.

I think that's right anyway. Either way, you'll get them back lol.

When I was offered a partial refund, I wrote back basically saying I accept this partial offer, but any amount outstanding from the total claim that's not received within 14 days will be pursued though court + 8% interest.

They wrote back with the standard response of 'we do not agree with your claim' blah blah, and no refund whatsoever. So I filed for the total outstanding as promised which was my full claim and included the 8% on top.

I would sugest you do the same. Any amounts received after you file, will be taken into account by the court and deducted from the total. I believe you have to let them know as soon as you receive any.

GriffinGrumbler, I have just checked my calculations and they are as per your post

Thanks for clarifying it

StoneLaughter, thanks for clarifying that. I confuse easily lol.

GriffinGrumbler, welcome to the party. To the best of my knowledge, I have calculated the interest correctly. The account was in overdraft the majority of the time, hence the large amount of interest. I did check my calculations against their monthly interest on the total overdraft and they did seem quite accurate. I even played it on the safe side, so I think that if they dispute it and calculate it themselves, it would actually be a few pounds more lol.

Thanks but what do you mean by the notified service date, is that the date it's deemed served, ie. tomorrow?

The reason I said they must be dragging it out is because they now have 28 days to respond instead of the 14 they would have had if they had either ignored it or sent in their defence:D

Well, the lovely people at HSBC acknowledged the claim yesterday (15/06/06), presumably trying to drag it out for some reason (maybe in hope of their solicitors having a breakthrough lol).

Anyway, as the claim was deemed to be served tomorrow, do they have 28 days from tomorrow or from when they acknowledged the claim?

Claim is deemed to be served on the 17th June.

1st of July is Judgment day

I don't see why the banks want to drag it out so much when it's costing them 8% a day to do so. They must no no-one's going to drop a case whan they've paid up in advance and can't get a refund.

Ok, little update.

Stuart Johnson read and replied to my e-mail this morning so it must have been the customer services that refunded the charge, unless they were going to apply the reduced £12.50 at a later date.

Anyway, Stuart Johnson said he will happily cancel the charge so I have sent him the details he needs to access my account just in case.

Result either way.

Thanks again:)

I have now completed my court claim and will now await the response, if any, from HSBC. I have PM'd BankFodder with the details. Fingers crossed.

Thanks for all who have helped me so far.

I think it is. I looked at other posts to find out how to calculate it.

I did 1129.56 * 0.00022

Is that right?

Ok, I have filled in the Moneyclaim form. Annoyingly, I spent ages typing the particulars of claim and then clicked next and it came up with an error as it had been over 30 minutes and wiped it all so I had to start again.

Here are my particulars, is there anything I should change before coughing up £120

I had an account,******* with HSBC Plc until

26 Jan 2005, during which HSBC Plc debited

several charges from my account in relation

to purported breaches of contract and also

interest on these charges. I contend that

these charges are punitive in nature, are not

a genuine estimate of, and exceed, costs

incurred by HSBC Plc in respect of any

breaches of contract on my part, and are not

intended to represent or relate to any

alleged actual loss, but instead are applied

with a view to profit. As the charges were

applied under contract, they are contrary to

Unfair (Contracts) Terms Act 1977, the Unfair

Terms in Consumer Contracts Regulations 1999

and common law. I request repayment of these

charges and the interest applied on them

which total £1129.56. I also seek

reimbursement of court costs and claim

interest under s.69 of the County Courts Act

1984 at the rate of 8% a year from 3 Feb 2002

to 11 June 2006 of £249.85 and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of £0.25.

Well I don't know if it was the e-mail to Stuart Johnson or just that the customer service staff had second thoughts after my conversation with them but it appears I have had the £25 fee refunded to the account in full.

Thanks for the help:)

Thanks surreyscouse. I'll give that a go. I'm closing the account anyway so it would just save me having them trying to talk me out of it:)

I had to admire the woman at the end of the phone. At the end of the conversation she explained about the balance transfer offer and would I be interested and then about a loan and she managed to sound serious about it.

Lol, unfortunately, this is the first fee I've had applied to this card.

I take it I should pay the fee before pursueing it any further so as not to affect my credit record.