wardyboy2
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Everything posted by wardyboy2
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CONGRATULATIONS! I hope I get mine soon!
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Don't hold me to this... but I think 28 days from the deemed served you win by default (because they have acknowledged). It doesn't make too much difference as they have offered to pay anyway, but it means that they then have deadlines by which to pay or else you can apply an enforcement order! Maybe I haven't lost the beer race yet? Whats the latest with Hedgehog?
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They have 14 day sto acknowledge. If not a default win can be claimed. If they DO acknowledge (like for you) they get an extra 14 days (on top of the origional 14) to enter a defence. So you can win by default also if they don't enter a defence after an acknowledgement. I think that makes sense.
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Its funny really... When I first filed the claim I was desperate for some post to get things moving along. Now I don't want any becuase its going to be quicker to win by default! Fingers crossed
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How are you gettin gon Magic? I believe you are in teh same boat as me in that its 10 days since "Deemed Served" and still no acknowledgement. We can send the bayliffs 'round together if you want?
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Well... still no acknowledgment from the bank. 4 more days until I can claim a judgement by default. An interesting side note is that despite making chargeable account discrepencies last months (went over OD linit), the bank have decided not to bother? I noticed this has happened to someone else too. Perhaps they don't want the hassle of another cliam and so will let things go a bit? - I very much doubt this but hey. Can I cliam for default judgement on Monday (the 14th day since "Deemed Served") or do i have to wait until the day after? Cheers Steve
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Cheers for the update Magic, makes me feel a lot better that its not just me. Winning by default is probably the quickest option now. Gutted if we get a letter saying they aknowledge on Saturday! Then they get a further 28 days! Good luck to you too and keep me posted!
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No More Tears 2 ***SETTLED IN FULL***
wardyboy2 replied to Hedgehog's topic in HSBC, FD and HFC successes
Sending the breakdown of charges will have slowed things up. Don't worry, I reckon this week for your offer! -
Well, I filed my mcol on the 2nd and it was deemed served on the 7th (much like a couple of other people on the same timescales as me). However whereas they have had offers my claim still hasn't even been acknowledged. I am still sittin gon "Issued." Am i correct in thinking that they have until the 21st (14 days after being served) to aknowledge and that if they don't I win by default? Also, if I did enter for a default judgement and then they acknowleged it afterwards would I still win by default or would I then have to continue as normal? I WANT MY MONEY! Perhaps they're preparing a "Real" defence aginst me? Steve
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! You didn't even get the "We intend to defend" letter etc. My claim (filed on the same day) still hasn't been acknowledged. But I'm sure it'll come. Congrats again. Steve
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Looks like hedgehog is edging ahead now though! Has your claim been acknowledged yet? Mine is still sitting on the "Issued" status. Maybe I'll win by default?
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No More Tears 2 ***SETTLED IN FULL***
wardyboy2 replied to Hedgehog's topic in HSBC, FD and HFC successes
Also... it looks like you wont be getting the beers in. Me and Weezy are yet to get this far! -
No More Tears 2 ***SETTLED IN FULL***
wardyboy2 replied to Hedgehog's topic in HSBC, FD and HFC successes
From what I have read on these forums HSBC first acknowledge the claim. They then let you know they intend to defend. This is followed almost immediatley by the full offer. Have a look at Un1boy's thread (for example). He got a "We intend to defend" on the 1st Aug and then a full offer on the 3rd! http://www.consumeractiongroup.co.uk/forum/hsbc-bank/9104-un1boy-hsbc-5.html I expect you will get this within the next few days. Don't worry. Having said that, when I get my "Intend to defend letter" I will probably still start bricking it. -
I'm sure someone else has seen this but I can't find it posted anywhere... The Sunday Times did an article about the whole claiming back bank charges thing. They have some good stuff in there. Even a lawyer who thinks we would win against the banks if it ever went to court. Apparently the banks have even offered some people compensation so they don't go to court (above the claim amount): ----------------------------------------------------------------------------- http://www.timesonline.co.uk/article/0,,2087-2300585,00.html ----------------------------------------------------------------------------- BANKS have been accused of imposing illegal charges of hundreds of millions of pounds on customers who have gone overdrawn. The Office of Fair Trading believes the charges may be unlawful and is expected to investigate. Legal experts say penalty charges must reflect the actual costs incurred by the banks as a result of the overdraft. Customers are demanding that charges which have been routinely applied on unauthorised overdrafts must now be paid back and many have already forced banks to do so. They say the charges are a “flagrant” breach of consumer law. It emerged last week that banks are already making compensation payouts of as much as £3,000 to customers who have complained, rather than try to defend the penalties in court. Campaigners want a judicial review of the issue to confirm that many of the charges — estimated by Which? at £4.7 billion a year — are unlawful. Stephen Hone, 30, of Plymouth, who has led the campaign against them, is seeking public funding for the move. He believes a judgment in his favour could trigger one of the biggest compensation payouts in British banking history. He has already been paid £5,000 by the Abbey to drop a legal claim for repayment of £840. Other bank customers he has advised have been repaid more than £150,000 without any going to court. “We do need a legal ruling to ensure the charges are stopped and to make sure everyone is entitled to their money back,” said Hone. Halifax, HSBC, NatWest and Barclays are among the banks that are already paying back charges to customers. A spokeswoman for the British Banking Association said the charges were “fair and transparent” but complaints were being dealt with on a case-by-case basis. “Consumers are fighting back and seem to have found a chink in the banks’ armour,” said Eddie Weatherill, of the Independent Banking Advisory Service. “The banks don’t want to see this tested in court because the law is not on their side.” Hilary Baker, from Castle Combe in Wiltshire, is among the customers who have won a payout. “I asked for all my statements from Alliance and Leicester going back six years and then added up all the charges, which came to about £1,200,” she said. “They said they hadn’t done anything unlawful but when I filed a case in the courts they sent me a cheque. It included every charge they had made and my costs. It came to £2,484.” Jessica Armstrong, 24, of north London, a sales account handler for a publishing company, was charged £350 by Abbey when she unknowingly exceeded her £850 overdraft limit by about £100. “When my statement came, I honestly couldn’t believe it,” she said. “For every payment I had made or every direct debit that had gone out, however small the amount, they had slapped on a £30 charge. Overall I had been charged £350. When I got through to the right person they told me I should have known about these charges because they are set out in the terms and conditions.” Anthony Scrivener QC, an expert in consumer law, said that if any case went to court, banks would have to prove their penalty charges were a fair reflection of costs incurred by unauthorised overdrafts. Even if the charges are ruled unlawful, the banks are likely to argue that customers should not be entitled to retrospective payouts. But Stephen Sidkin, a commercial lawyer with City legal firm Fox Williams, said it would be a difficult position to maintain. “If someone takes an action against a bank to recover charges, I think it would be open to them under the law of contract to go back six years.” There are signs that the banks are starting to fight back against claimants. Alliance and Leicester has started to close the accounts of some customers who have demanded their money back. The scrapping of high penalty fees is likely to lead to charges on accounts that are now free. Dyfrig John, HSBC’s chief executive, said last week that greater transparency in charges would mean a move towards “fee-based” accounts. HSBC later denied this would mean the end of free banking. The British Bankers’ Association said its members believed penalty charges were fair and customers got a “good deal”. Abbey said that although it believed its penalty charges were fair, “commercial reasons” dictated that paying back Hone’s money was the best option -------------------------------------------------------------------------------- Do we know of anyone who has been paid MORE than the claim in order to stay out of court?
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I got an offer the day after filing my mccol. Thought it would be stupid to accept nothing but the full amount now they have been served! Mine is deemed served on Monday (7th Aug) so i imagne it should all kick off for us the end of this week?
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mmmmmmmmmmmmm... Interesting I filed my moneyclaim yesterday and paid the £120. I recieved my confirmation today stating that the order was sent 1st class yesterday and should be deemed served on the 7th. However, I also recieved today an offer from Colin Langdale of about 90% of my origional claim. If that offer had arrived a day earlier I would probably have taken it, but as I have now paid the £120 court fees I want that back as well. My question is... If I were to withdraw my claim now would I get the £120 back from the courts or is it too late? Should I withdraw my claim or should I stick with it now its in (silly question really as I know what you'll all say). I COULD really do with the money sooner rather than later, but it shouldn't be too long now should it?
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Back in my Student days I could abuse my account as much as I liked and only got charged tiny amounts of interes (38p etc). I used to go over my overdraft limit all the time and they would always let me have cash still and pay DD's etc. This continued as I was a graduate and all was well. I even used to plug HSBC to all my mates as they never charged - Happier Times. Since my Grad account ran out and I became "Current" I have been hammered. I get charged all the time for going over my overdraft etc. I think this is a standard approach after you move from Student \ Grad to Current, so don't worry.
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I am currently at the Mcol stage and have been claiming on 2 accounts at once all the way through. I simply break everything down in each letter. So I may say... "I have 2 accounts (xxxx and xxxx) there are £x charges on one and £x on the other totaling £x... As long as the combined charges don't come above £5000 then you can claim in one go. Any more than £5k and it has to be dealt with by a bigger court (I Think). In terms of accounts being closed. From what I can gather after reading the forums; HSBC only tend to close accounts after a 2nd claim. People who only claim once seem to being left alone, althougth there is always the risk of account closure, so get yourself a parachute account just in case. Cheers
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No More Tears 2 ***SETTLED IN FULL***
wardyboy2 replied to Hedgehog's topic in HSBC, FD and HFC successes
Me too. Filed yesterday (1st Aug). Last one to get paid gets the beers in! -
Hello Weezy... I filed my Mcol yesterday so I'm at the same stage as you. I got no offers in the build up so I'm worried that I'm being treated differently than everyone else. What if I'm the one they have decided to "Go all the way with?" Anyway, I'm not trying to hijack your thread. Good luck.
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Thanks Michael. MCCOL Submitted, Case number: 6QZ51178 Total Claim (including charges & Interest): £1678.92 Lets see what happens next. How do I get the details in "Litigation in progress?" Steve
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Well... It has been ages and no reply at all from the Bank. i phoned today to make sure nothing was "In the Post" and it isn't. The man said it could be a further 4 weeks before I get a reply. I'm not waiting that long as the 14 days was up on Monday so I'm claiming on MoneyClaim. Its all filled in, but whatever i do I can't get it on 24 lines (despite only 1056 characters). Can anyone help me out as I don't know what I can chop off to make it fit. This is what I have so far: -------------------------------------------------------------------------------- I have 2 bank accounts with HSBC (xx-xx-xx/xxxxxxxx and xx-xx-xx/xxxxxxxx) conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in way of charges between 07/2004 and 07/2006, total £1467 These charges are a disproportionate 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 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 para 8 and sch2(1)e. In the event the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (28/08/2004) to (01/08/2006)of £91.92 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.32 -------------------------------------------------------------------------------- Your help would be much appreciated.
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Congrats on the offer Stokey... Now go get 'em! Out of interest, who was your offer from?
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Thanks mate. I was always going to stick to the schedule, but don't you think I should update Langdale as he is in Leeds office wherar Bowden is in Sheffield?
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UPDATE: Got home to another letter on the doormat. Got all excited thinking it could be some progress. However it was a letter from Mr Colin Langdale in Leeds requesting a breakdown. Written in a suprisingly nice tone though: ------------------------------------------------------------------------------- ...Thank you for your letter dated 29 June 2006 requesting a refund of all your bank charges of £xxxx.xx In order that we can consider your request please provide a full itemised breakdown of these charges to include date, description of the charge and the amount applied. Please also include any proposed new charges that you will have recieved a pre notification advice for. Thank you again for taking the time to write... -------------------------------------------------------------------------------- Now, I have already recieved a letter from Mr Bowden in Sheffield in a munch more severe tone telling me they can do nothing without a breakdown. I have since sent my LBA (Arrived yesterday) to him, not Mr Langdale. So... I was thinking of writing to Mr Langdale with a schedule of charges mentioning that I have sent further correspondence to Mr Bowden and including a copy of the LBA. I will also mention that my timetable has not changed! Or should I do something different? What do you we all think? Cheers Steve
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