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magicmerlz

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Everything posted by magicmerlz

  1. Hi Wardyboy No response at all from HSBC since I filed my claim, not even an acknowledgement, I am still at 'Start' on the MCOL website. They have until Monday then we win by default, unless of course they advise that they are going to defend before then in which case they get another 14 days grace. I assume if /when we win by default we get a letter from DG solicitors asking for breakdown of charges and then they just pay full amount plus the court costs. Heres hoping for NO post tomorrow, Saturday or Monday. Good luck Magic
  2. Hi Wardyboy2 I am in exactly the same situation as you I filed, issued etc all on the same day as you and am still at start status. All the same except I have heard nothing from them regarding an offer. I too am waiting until the 21st when we win by default. I would assume that even if we receive a letter shortly after the 21st (dated earlier) we would have both by then clicked the won by default option and that would be the end of it as they have had ample opportunity to contact us. Good luck Magic
  3. Hi Folks I am still at the issued status at the moment wardyboy2, and I filed on 2nd deemed served on the 7th. Just imagine how many they must be having to deal with (ours are probably at the bottom of the postbag). Will keep you all posted on mine - they have till 21st. Good luck both. Regards Magic
  4. Hi Folks Don't worry guys I am in exactly the same boat as both of you (slightly less amount though just over £2000) - just standard replies to date, filed my MCOL yesterday and waiting. I think that if the 3 of us do end up in court then we should get everyone who has been paid to fund our legal battle - LOL - dont think we will get many takers do you? Anyway WHEN I get my cash back I shall be celebrating in ALL of Birminghams finest ale houses and anyone is welcome to join me for a beer. I might even show you a trick or two (disappearing money anyone!!!!!!) Regards to all Magic "The world wants to be fooled ... so fool it" - Pavel
  5. LOL - virtually identical. Mine is going in today - good luck weezypoos and hedgehog. I will keep you up to date on mine. Regards Magic
  6. Ive just put mine up about 3 posts below yours, see - Magicmerlz V's HSBC I have 2 accounts with the defendant which are conducted on their standard terms and conditions. I am claiming the return by cheque of money taken by the defendant in the way of charges over the last 6 years. The banks charges are a diproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. para 8 and sch.2 1 e. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and services Act 1982 s.15. The bank have declined to justify their charges despite repeated requests. Total charges of £xxxx.xx. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7th July 2000 to 1st August 2006 of £xxx.xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £x.xx. The total at 1/8/06 is £xxxx.xx plus court fees.
  7. Hi folks This is my moneyclaim text (exact amount of characters) feel free to copy if you want. Please let me know if ive missed anything - all opinions welcome good or bad. I have 2 accounts with the defendant which are conducted on their standard terms and conditions. I am claiming the return by cheque of money taken by the defendant in the way of charges over the last 6 years. The banks charges are a diproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. para 8 and sch.2 1 e. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and services Act 1982 s.15. The bank have declined to justify their charges despite repeated requests. Total charges of £xxxx.xx. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7th July 2000 to 1st August 2006 of £xxx.xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £x.xx. The total at 1/8/06 is £xxxx.xx plus court fees. Regards to all Magic
  8. Hi Folks Just a quick question that I need a bit of advice on. I am today going to complete my moneyclaim form, but since I started this whole thing a few extra charges have been applied to my account. Now, if I add these new charges to the current total that they owe me, it takes me over the 6 year claim limit by one month. Do I just add them on and hope I get them back or do I have to calculate a new total owed based on 6 years from today 31/07/2006? Hope this makes sense. Regards to all. Magic "The world wants to be fooled ... so fool it" - Pavel
  9. Hi Folks Quick update for you. Posted letter before action on 17th July - and yesterday received another copy of the - 'you have been charged in accordance with our stanadard terms and conditions therefore no refund is due....' letter. Looks like I am going to have to go through moneyclaim. I will keep you all up to date. Regards Magic
  10. Hi sorrow I received exactly the same letter on Saturday morning and I too was a little concerned. However after posting my concerns on this site it has been confirmed that this is a standard response and should be ignored. Move on to the next stage and good luck, my 2nd letter is off today. Regards Magic
  11. Hi Folks Was going to send 2nd letter today, but got this in the post this morning. Dear MAGICMERLZ Thank you for your recent letter concerning charges applied on your account. I can confirm that the charges have been correctly calculated and it is not the banks usual policy to refund charges correctly applied in accordance with our published tariff. This being the case no refund is due. We do not agree with your contention that the charges that have been imposed by the Bank constitute a penalty clause and are therefore unenforceable. The contract between the Bank and its customer is governed by HSBC's standard terms and conditions. In respect of unauthorised overdrafts, the relevant clauses are 7.11 to 7.18. In these circumstances, there is a process that involves the Bank considering whether or not to pay the item. A fee is payable for this and the fees are set out in the published price list. We enclose a copy of the relevant terms and conditions and a copy of the latest price list for your information. Thankyou for taking the time to bring your concerns to the Banks attention. I am only sorry it was necessary for you to do so. I hope that matters have now been resolved to your satisfaction. However should this not be the case, the attached guidance sheet explains the next steps available to you. Yours sincerely David L Johnson Customer Service Officer Included with the letter was a copy of 'Personal Banking Terms & Conditions' a 'Listening To Your Comments' leaflet, and a page titled 'FULL RESPONSE' basically saying that they hope I am now happy with the attached response and as a consequence they now consider the complaint fully resolved. If they do not hear from me within the next 8 weeks they will consider matters resolved. Incidentally there was no copy of the Banks standard charges and I have never had one of these at any point. My question is this - Is this another standard 'please go away' letter, should I ignore it and carry on with the next stage, or be concerned. Again any help is greatly appreciated. Regards to all Magic
  12. Hi folks Quick update for all you newbies on what to expect next - received a reply from HSBC in response to my initial letter. I assume it is a standard reply that we SHOULD all be getting. It quotes a reference number for me to use in future correspondence and - Dear ..... Thankyou for your letter ......BLAH BLAH .......we are looking into your concerns.......BLAH BLAH .....Please give us ample time to fully investigate....... BLAH BLAH.............we shall be in touch when results are known. HSBC - Customer Service Team They also included a standard leaflet explaining how complaints are dealt with - load of rubbish if you ask me. Anyway I shall be sticking to the original timetable regardless of this letter so the next one will be winging its way to HSBC on Friday. Oh I nearly forgot another £100 charge added to this months statements, which will of course be tagged onto the next letter. Regards to all Merlz
  13. Hi folks Posted my initial letter and schedule today (recorded of course). Thanks to all who offered answers to my previous questions - will keep you all informed. Regards Magic "The world wants to be fooled ... so fool it" - Pavel
  14. Sarah As far as I am aware you can only claim 6 years worth of charges, I am sure someone with a bit more knowledge on the subject can confirm this. I just posted by initial letter today so we are on the same timetable roughly, be interesting to see the different timescales involved. Good luck with it. Merlz
  15. Excellent - thanks for the quick response I am off to post it now - will keep you all informed. Thanks again Merlz
  16. Hi Folks Found this site Tuesday and am making progress. Have printed off last 6 years statements and totalled up charges = £1000+ !!!!!!! I cannot believe how much they have taken!!!!!!!!!!!!!!!!!! Anyway to the point - I have my schedule and initial letter ready and waiting, my question is this - Do I need to send the Data Protection letter first to give them chance to provide 'manual handling' and costs they have incurred (even though I already have my statements). Or can I just push ahead with the initial letter and schedule of charges? This has been mentioned but there appear to be conflicting opinions. Donation will definitely be made on successful re-imbursement. Thanks for any help folks Magicmerlz
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