Well that was definately not 2 weeks! well done suggest you write a final letter back acknowleding payment and confirming that you did not agree to there added terms, you should also write a letter to the court confirming receipt of the payment . Neil

If you log onto faxtastic faxtastic! Fax to email e-mail service. Free 0871 numbers and low-cost 0870 and 0207. they have a brilliant service and its free they give you your own personal fax no and convert it for FREE to email you have to use the account once in the first week as the only condition , they make there money from the caller who is dialling on 0871 no [its 10p per minute] so its not a big deal and its great to have the flexibility especially if you have a blackberry Regards Neil

May I be the first to congratulate you , weel done NB;)

I understood there was a second deadline [7 days] you had given them after the 22nd deadline given by the judge, if they have not and you have cc 'd the court with copy correspondence you might try a letter to the judge asking the defence case to be struck out for non complaince and abuse of court time.

Firstly well done on getting down to the court, I am sure it will take less than 2 weeks [if I was the bailiff a nice visit to lloyds is a lot more fun than wandering around tower hamlets] How did you apply the wording on the original claim because you should have used the " " interest at a daily rate of x to be added to the claim to point of judgement or settlement whichever is earlier, or along those lines assuming you did back to court and ask them to add it to the existing claim , if not back to court to start a new claim [so i hope you added it!] best wishes and keep us to date.

did you get a reply by your deadline?

Warrant of execution check this link out and please take your cheque book for the fees it will be added to your claim and then refunded. Please go asap as the court will prioritize the defendant if any paperwork is received . thanks neil

I suggest you call the court and check to see if cobbetts have entered anything late, then go for enforcement immediately which you fully entitled to. If you do this try and find out when the bailiffs officer will be visiting [bailiffs office open only till 10 am] tell bankfodder and your local paper they will be interested in the case good luck neil

well done

how did you get on did they file in time? if you need help on upholding the judgement , let me know its good if its done asap with thanks neil

Although think its long its still a straight forward case and you need to start at the beginning and go through all the same processes as everyone adding the pieces specifically about default notices in the letters ,[so your claim is for money and action [removal of default] you need your statement s for the last 6 years which you can make a sar for from hsbc with your husbands consent and you can claim back the charges and interest at the rate that was agreed by both the bank and you ie you can charge them 29% ! start straight away keep notes ,copies,send it all recorded del etc good luck neil

lloyds tsb charges are 35 retd dd etc 30 overlimit [correct now]

If HSBC argue that a business account is not covered by the dpa why did they send the statements in the first place! In the same way your personal credit report would reflect bad history for you in your personal or business capacity [assuming sole trader status] the dpa has to apply.

http://www.hsbc.co.uk/1/PA_1_4_24P/content/uk/pdfs/en/bus_bnkg_price_list.pdf this is the current list of charges applicable to HSBC business customers. If you look at this it gives a simple breakdown of the charges incurred. I personally do not feel you could challenge the charge of 30p for an automated credit or 70p for a counter credit because this not a penalty. Even the charge £12.00 which is made for a retd chq might be argued as fair [its probably a bit over the top] but it is line with th £12.00 the oft presented as a fair charge in the credit card cases which is where this started and is now accepted by the creditcard companies as the maximum they could charge. This is however much less than the £30 or so charged to personal account holders. The bank may listen to your case and may settle if the claim is low [sub 5000] and they want to keep your business but I feel this is risky strategy. You might try running some of your business through a personal account to avoid these charges but be wary as they will soon generate a use profile and alarm bells go off or change to nationwide who do not charge for business accounts used in credit.

The claim against HSBC is for the dissproportionate charges levied by the bank compared with the actual cost of there action. With a business account there is no FREE banking and there is a charge for each and every transaction.Whilst there may be a case for arguing the charge is disspropionate to the COST to the bank it would be more difficult to bring this as the charge is much closer to the perceived cost [as the banks have so not answered the question] so it could be difficult to pursue this. Aside for these daily transaction charges however the bank does charge roughly the same tariff for exceptional matters ie returned dd cheques etc and also cheques that are bounced on you [by a client- these are normally free for personal customers]. These charges can therefore be regarded as a penalty and should be challenged. On my hsbc acct these charges are listed seperately are yours?

You would be able to claim the interest paid [at THERE rate] on the amount of the loan which you took out to pay off the charges and interest levied on the original account, between when they were actually charged and the point at which you took out the loan. You could not claim the capital part of the loan as that would be covered in your main claim.

what is your proposed claim for the loan?

Oh and on the subject of files, Barclays give free A4 'statement' folders, they never ask if you have an account , just go to the counter or personal banking section and ask.They are very usefull for keeping your pre-court documents up together! Especially ironic if your gunning for Barclays! Neil

Thanks hydra The actual day count is normal but at this time of year the normal 14 is probably a bit hard, and we want to be fair, so personally in my letters I have always written 10 working days and then put a specified date in so its really idiot proof[i am sure it will still be ignored] Should the claim ever come to court you are obliged to show you have given the defendant a fair and reasonable opportunity to resolve the claim and the court may take a dim view of you not carrying out due diligence but really we are splitting hairs here.

Keep to your timetable , count the working days , it is not your fault that the procedure covers the christmas period nor that the company runs on a limited staff basis .[most banks are running at lower staff rates and putting jobs abroad to save money, remember they are in it for profit and will take it every opportunity to make it]. As soon as the deadline expires send the next letter in and then proceed to court asap , it is very unlikely they will settle before you issue proceedings [they will hope you give up] persistancy pays and they are inundated with claims, so you will join a queue. Also I beleive at the moment the banks are settling in full these claims , but there a risk at some point that the oft or fsa will come out with a ruling that a fair charge can be applied that might be a figure of up to say 4.00 and so the banks would then only pay that amount as it justifiable. You would then lose out on the whole refund and the interest which is reclaimable at 8% under the county court rules. So good luck , keep to the rules, write down everything, keep notes, keep receipts, keep copies, put it in date order, buy a new file etc, you may have to go to court it is unlikely but at least you will be prepared. Neil

In theory the judge can make the order for costs , it may be unlikely but below 5000 he cannot make the order at all which is a partial reason why banks dont defend these claims, its just not economical.

with ref your mail of the 26th you could file an amendment of claim to the court [sending a copy to cabot] the court MAY accept it as an amendment its worth a try

remember that if you were to lose [very very unlikely] the court could award costs to hsbc and for that large an amount they might try and defend , it might be worth splitting the claim into chunks therefore keeping ot below 5000 , in these case no claim for costs can be made for solicitors and barristers, you will receive excellent advice here but you could lose on a technicality so 3 or 4 claims might be the way forward perhaps one claim per year ?

you can contact the bank that issued your cheque for 10 pounds and your they should at no cost [hsbc dont charge me ] provide a copy of the actual cheque, this will have the cashing banks stamp marks on it this is a useful thing to have in your court bundle, these are delaying tactics, remember to keep to your timetable as per your original letter , do reply to these letters but keep it simple , there shortcomings are not your fault and your professionalism if it gets to court [?] will show you in a better light than this lot.

write back to them sending a copy of your previous letter [as you kept one!] and send a copy of the letter before action [see templates] this will give them a final 14 days to sort it out [but they will not] remember to keep to your timetable not theres.So then you follow the route of moneyclaim on line or a trip to your local court its all very easy but keep copies of everything in a file with notes of where you sent it from and anything else relevant , send everything recorded delivery and get the print out from royal mail website the next day as proof of del, keep it all in a new file in order[from day1] keep receipt for post and notes of the hours you spend on this. It is likely you will have to start the proceedings but barclays will settle before the end , you can therefore reclaim all postage and photocopying costs [as you have receipts] and 9.25 an hour for the work you have done plus intest at 8% and court fees good luck , we are all here to help neil