good luck nikki

They seem to (950 characters, you are allowed 1080) so i think i have room to spare.

also i added this in my prelim letter What I require I calculate that you have taken £3699.50 I enclose a schedule of the charges which I am claiming with this letter Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. any thoughts?

Sorry to bother you but does this look ok 1. The Claimant has an account ******** with the Defendant, opened 1997/8 2. Since 05/01/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £3699.50; (b) Interest per S.69 County Courts Act 1984 of 8% - £2412.46 continuing at 8% until judgment or settlement at a daily rate of £0.81; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. Thanks Clint

Done and Done thanks for the advice, just the waiting game now :-|

just to update the prelim was received on the 16th (thanks nikki for the good advice I have sent the lba yesterday and it was received today according to the royal mail website and i have had a nice letter from mr colin langsdale stating they are making enquirys and will contact me shortly

Nikki is yours showing as delivered on the royal mail website yet? still no joy here

lba = letter before action mcol = money claim online

Again im talking as a newbie BUT im pretty sure Q1 = yes and Q2 = ignore again i could be wrong (its been known occasionally ) so hopefully someone with more experience might chime in to correct me if i am.... Clint

Thanks for the reply nikki i think i will follow your advice and stick to my timescale as well (after all it IS us suing them not the other way round ) thanks again and please keep me updated with your progress

Hi, im a bit new to all this but i think this may be a belated offer from hsbc, but im sure now you are/will be dealing with DG so dont accept the offer just wait for the offer from DG. Of course i could be wrong so hopefully someone with more experience will chime in

well im sure that this is an indicator of my luck. The Preliminary letter is STILL not received according to the royal mail website. Royal mail say to allow up to 5 days for delivery (posted first class recorded delivery on monday its now friday).... BUT you then have to wait up to 15 days before enquiring/reporting i cant believe this is happening to me grrrrrrrrr, i now wonder A) how this affects the 14 day limit (assuming they actually receive the bloody letter at all) or B) should i just re send with a brief explanation/cover letter explaining that its a copy and origional was lost in post, and finally C) if i do that do i reset the 14days or continue according to the original schedule? any advice would be appreciated

bump

Hi again i am just a newbie but i have done a fair bit of reading on here and i would advise to send those charges, then send them again and again if they ask. It would seem the banks will do anything to delay the claim so dont let the delay be handed to them and remember to send all schedule's/letters/communications recorded delivery so they cannot dispute anything. I have also seen others given the advice to ring once they have sent the charges to confirm receipt and hopefully hurry them along (moving your claim to the top of the pile type thing )

Hi all a quick question if i may I sent my Prelim letter on monday via recorded first class delivery, the bank still havent received it so im wondering if my 14 day deadline would be from date of letter or date of receipt??? any help would be appreciated

You got my support bro as for the other q's well as far as i have read hsbc dont seem to close your account unless/until you try and claim a second time and as for the OD/LOAN i think (again based on what i have read on here) they wont touch the loan but MIGHT ask/demand that any monies be paid into an OD account. i hope someone with more experience might be able to answer more thoroughly but good luck bro and fight for whats yours, remember hsbc suck and very nearly ruined me a couple of years ago im still paying the price with defaults issued by them...... Dont let them do the same to you!!!!

Letter/spreadsheet posted today recorded delivery here i go, wish me luck

Ok answered my own question. This will also calculate a further kind of interest (at 8%) but this is not reclaimable at this early stage and is for future reference only. Enclose a schedule detailing the charges you are claiming, but do NOT include the 8% interest on the schedule yet. taken from http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html (which i promise i have read i just diddnt understand the interest bit clearly although i think i have a grasp of the general idea of adding :o ) i havent managed to answer my other question was as to whether the process will be the same as the amount claimed with interest would exeed £5000. i will endevour to answer but if anyone knows in the mean time feel free to chime in :grin:

Ok i think i have made a mistake in adding it all...:o i had for some unknown reason altered vampiress's spreadsheet to 6% interest but now understand its actually 8% AND i had not added the interest so with interest the actual amount would be £4,673.44 (£3699.50 + £973.94 = £4,673.44) so as i understand i add the interest at the mcol stage BUT when sending the spreadsheet in preliminary letter should it reflect the charges + interest or just the charges ? also would the fact it would then be above 5000alter anything or is it the same procedure? any help would be appreciated greatly

I am so grateful for your help, having browsed through some of the default forum i think im going to concentrate on the bank charges at the moment and sort the default/s later (one thing at a time i think, i am not great with this kind of thing so dont want to bite off more than i can chew :o). So onward with my claim, i will post the preliminary letter on monday and hopefully get the ball rolling!!!

Thanks rooster i had a feeling that was the case, still never mind i am gonna go for them for all they owe me... The trouble that bank caused me a few years ago is unbelievable. Thanks again

Hi everyone, lurker extraordinaire here , im about to send off my prelim letter for a whopping £3659.50 :o now before i start i would like to ask if it will be possible to get a default removed at the same time? I know its possible but in this instance the default was for a loan account with hsbc which i feel was only brought about as a direct result of exessive charges leading to unpaid items (funny how they always find the money to pay themselves tho ) this also lead to a similar thing with egg credit card (arrears = default = sub prime morgage = lots of wasted money paying exessive interest rates ) anyway basicaly any advice would be appreciated thanks to all and what a great place this is (i just wish i had found it earlier ) Clint

Hi thanks for the support, as for reading i am constantly scouring for new/relevant info (including the links in your sig ) i will update in the appropriate forum/s when i have some news

Hi all just found this forum from mse, i have made the initial request for statements from 2 banks (hsbc and lloydtsb) hsbc account is closed and has been for around a year, i think i should be in for a decent amount from them as at one point i was getting charged several hundred pounds per month (in one day i was once charged £90) anyway wish me luck FY