LittleMissFoolish v HSBC

[LittleMissFoolish]

Hi,

 

For the last week or so I have read this site with interest and debated back and forth in my head whether or not to do this. The affirmative won convincingly!

 

I am now very keen to get the ball rolling and printed off my last six years of statements from internet banking and have tallied up just over £3000 in charges. I do have a couple of quick questions before i start:

 

Firstly, do I need to write and request the statements to be sent out to me as well? I am really keen to get started and don't want to have to sit around for up to 40 days waiting for information I have already got from internet banking.

 

Secondly, I am going to be out of the country for two weeks at the end of August. Will this effect my timetable at all? I would like to send out:

- my initial letter tomorrow (ie. 27 June)

- LBA 14 days after that (ie. 11 July) and

- Start Moneyclaim on 25 July.

 

I am worried that if I hang around waiting for the statements that this timetable will creep into the time I am away and hence unable to reply to post.

 

Thanks in advance for all the help that people supply on this site!

 

LMF

[coutts99]

I'm in the exact same position as you, I have my letter ready to send.

 

Do I really have to ask the bank for my statements?

[fivelaws]

The issue with requesting statements is that the DPA letter also asks them to reveal any "manual interventions", so that they can't turn up in court and say "but look, your honour, we spent fecking hours manually typing all those letters...".

 

However, if you have the statements, I'd (personally) just crack on with the preliminary letter and see what happens. After all, most people aren't even getting a reply to the MA question (I haven't yet from 3 different banks...!!).

 

Good luck to you both!

[LittleMissFoolish]

Cool. I am not going to bother sending off for my statements then. I will prepare the initial letter tonight so I can send it by recorded delivery tomorrow.

 

I was planning to send it to:

Service Quality Team

HSBC Bank PLC

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Should I cc to my 'local branch' as well? My local branch is in London but I now live nowhere near it.

 

LMF

[coutts99]

Good luck LittleMissFoolish

 

Just sent mine off too

[fivelaws]

Should I cc to my 'local branch' as well?

 

No, they would only forward it to head-office and confuse everybody...

[LittleMissFoolish]

Just got back from the post office. First letter now sent by recorded delivery. Suddenly feeling very nervous about it all. What's the worst that could happen though? Parachute account already set up and waiting...

[maverik1979]

dont worry you will be fine, they cant do anythin to you now , esp as you have your parachute account sorted

[LittleMissFoolish]

Well the 14 days since I sent my initial letter is up today and I haven't heard a peep out of HSBC! Bit worried about that but will plough on regardless. Planning to send my LBA off tomorrow as scheduled.

 

I sent the spreadsheet of charges with my initial letter, but plannign to send a copy of it with my LBA again. I only listed my charges as 'Total charges' or 'Charges' but I have since found that if I double-click on the charge on my internet statement it details what the charge is. Do I now need to go back through my spreadsheet and detail all these charges?

 

Also, I have been reading these boards religiously since I started the process and I am getting increasingly worried by the chat of a possible test case over on the General discussion board. Most of the discussion in legal-ese and I was wondering if this has impacted on any HSBC cases going to court recently?

 

Thanks for all the help I have been getting - I couldnt' do it without you guys!

[maverik1979]

dont worry about the possible test case, thats all it is at the moment "possible", so its business as usual until we hear otherwise, dont worry about going to far into the description on your breakdown sheet, i just put what the online statement told me, without going into too much detail, and i had no problems

[LittleMissFoolish]

Thanks Maverick. I will keep ploughing on then.

[LittleMissFoolish]

Well I sent my LBA off by registered mail yesterday.

 

Then this morning I have seen this article Bank refunds put on ice by court | This is Money

I am presuming this is the same test case that was being discussed on the general discussion board. Is this article just being sensationlist about what we already know, or are more and more cases likely to be put on hold because of this? Does anyone know if HSBC have reacted at all to this development or if it is 'business as usual' for Mr Pretty and Mr Langdale?

 

I want to start moneyclaim on the 25th July and I am really worried that htis legal avenue is about to be closed.

[maverik1979]

unfortunately i cant give you any information which is conclusive, needless to say we are paying a great deal of interest to this situation, so until we hear otherwise we have to continue

[fivelaws]

The Mods advice seems to be; "carry on as normal". One of the people who had a stay received a cheque in full settlement...

 

The worst case scenario is that they keep your court fees a little longer, but who wouldn't "invest" £120 over a few months for a return of £3000...?

 

Keep going!

[LittleMissFoolish]

Quick update.

 

I have recieved a letter from Mr Langdale telling me the standard 'the bank does not agree that the charges constitute a penalty and are therefore unenforceable' and that they are not going to offer me a cent and that this is 'represents their final response on the matter'. All very final sounding on their part, but I assume that I should hold out for the 14 days from the LBA and post my MCOL on 25th July as timetabled?

 

They have made it very clear that they have recieved my LBA and that they are not going to give me a cent and this is their final response, so do I still need to wait the 14 days or can I post my MCOL now?

[TBeckett100]

i would do the MCOL now. They have said discussion is closed and court action is only there when all avenues have been closed. You have asked them twice, they have said no and thats it.

[Dani]

I'd stick to your original timetable. That way they can't bring it the possibility of you being "unreasonable"!!

 

If you follow the same pattern as everyone else, hopefully you'll get the same outcome!!

[fivelaws]

I'm with Beckett.

 

As they've responded within the 14-days with a "final response" to the claim, dialogue is closed. There is no point in waiting for a better response, because they have said they don't intend to send one. I can't see how the courts would see that any other way than the end of the attempts to settle before involving them. If it was me, I'd be MCOLing...

[LittleMissFoolish]

Thanks for the advice. I think I will wait out the 14 days though as I don't want to risk anything at this stage by straying off the programmed path. The money means a lot to me. It would be more convenient to post the MCOL now as I will be on holiday at the end of August, but I still think it is better to wait.

 

Do you think Mr Langdale and co. read these threads? It wouldn't take them long to figure out who is who just by the dates and the amounts claimed. Makes me a little nervous about asking about tactics knowing that they could be reading this (jeepers I sound paranoid!).

 

Another quick question. I want to be paid by cheque as I have defaulted on my HSBC credit card and I don't want them deciding to use the money to pay it off. I want to put a cheque straight into my parachute account to be sure. Do I am unclear if I ask for this when filling in my MCOL claim or if I wait until I recieve an offer from D&G Solicitors and then send back that I want a cheque?

 

I am starting to get confident I will get my money back! It is very empowering.

[LittleMissFoolish]

Bit of a bump for this thread because I am still seeking the answer to my question regarding when I mention that I want to be paid by cheque?

 

Also, I was wanting to know if MCOL take Visa Electorn cards for payment of £120 court costs?

 

Also, does anyone think HSBC follows the discussions on these boards? (not as important a question as the first two).

[LittleMissFoolish]

Bump!

 

Want to do my MCOL today or tomorrow and would really appreciate an answer to teh above. Thanks.

[un1boy]

Hi there,

 

Only just seen your Thread. Here's my advice (although I am speaking from experinence I am NOT legally trained on any aspects, lol!):

 

Bit of a bump for this thread because I am still seeking the answer to my question regarding when I mention that I want to be paid by cheque?

 

Ok, you discuss how you want your money to be paid when they make an offer of settlement. Whatever their first offer is, reply saying that you want it as a cheque.

 

Also, I was wanting to know if MCOL take Visa Electorn cards for payment of £120 court costs?

 

I have no idea - check on the site. You can write and save your claim detials, so no pressure to it first time. Something on the site will tell you. I used my VISA debit card, so not sure abot the Electron thing, sorry!

 

Also, does anyone think HSBC follows the discussions on these boards? (not as important a question as the first two).

 

I have no idea, who cares? They won't know because there are thousands of people claiming at the moment so they aren't gonna spend time looking through this site and trying to match up dates anmd amounts. What can they do anyway? They already which steps people will be taking because most people have used this site and used the same steps. I can understand where you're coming from, but I have learnt not to worry about it. Just concentrate on getting your money back and enjoying your holiday!

 

Hope this helps.

[LittleMissFoolish]

Thanks un1boy for your response - you clarified what I thought.

Don't know why I am being such a worry-wart about all of this?!?!

[TaylorMade]

Beacause (worry wart ) this is a strange and frightening world for most (ALL?) of us. I've recently started the process, and with all my experience of people, and computers, and life, I still have concerns I'm going to mess things up.

 

Good luck - I'm following a few weeks behind you on this journey

[LittleMissFoolish]

Just a quick update....

 

My claim was issued on the 27th July and deemed to be served by 1st August. This means HSBC has unti lthe 15th August to reply. I have not heard a peep out of them and the MCOL site is not showing if they have acknowledged the claim yet.

 

I am getting impatient/nervous about how long they are taking to acknowledge this claim. Seems that most peoples cases I have read on this forum have their claims acknowledged within a couple of days of serving the MCOL. How is this acknowledgement made? Do you get a letter or does it just show on the MCOL site? HOw long does this MCOL process usually take with HSBC?

 

Any insights or answers most gratefully recieved!