Online claim

[sammy01]

Sent my DPA letter 24/03/2006 by registered post with £10 cash. A little nervous, but will wait for what I expect will be standard reply.

[sammy01]

Hi posted a thread about a week and a half ago after sending DPA letter. Mine and lots of others have vanished!

[Janet-M]

Hi sammy you can find any post you have made by clicking on your name >> view profile >> find threads started by .......

We are looking into why some people can't see all the threads

 

 

EDIT please read sticky in general everyone please change your settings this will be why you can't find threads

[lynseyjane]

Try scrolling to the bottom and change the option to see 1 day to 10 days.

I couldnt figure it out either then realised the prest had changed

[alanfromderby]

Go to your settings - edit options - then change "Default Thread Age Cut Off" to show all posts.

[sammy01]

I'm eagerly awaiting reply to my DPA request (sent 24/03/06). All my charges are for going over my overdraft. My statements show Total Charges £xx and Debit Interset £xx. Can I claim both of these amounts for the 6 years. Unsure as the bank has clearly charged me excessively, but are surley entilted to make some charge for each occasion the account went over the agreed limit. What would it cost the bank each month as no letters sent just monthly statements.

 

 

MOD NOTE: THREADS MERGED TO MAKE IT EASIER FOR PEOPLE TO FOLLOW PROGRESS

[alanfromderby]

What would it cost the bank each month as no letters sent just monthly statements.

 

This is the question that the banks will not answer - and because of that you can claim back the full fee, since it is a disproportionate penalty.

 

You can only claim the interest if it relates to the individual charges. The bank is entitled tocharge interest on an overdraft - but not on unlawful charges. Unfortunately this can be extremely difficult to calculate if an account continually moves between being in credit and overdrawn.

[sammy01]

Sent DPA letter end of March. Received a reply today from HSBC (Ian Shepherd)confirming receipt of my letter and advising all statements would arrive shortly. They also credited the £10 cash I had sent to my account as quote "we are happy to waive any fees for the production of this information." We will see if they are as happy when I request approx £2500.00 back.

[sammy01]

About to send my letter claiming my charges. Quick question, my statments show total charges XXX and debit interest XXX. Can I claim the interest as well. I have spoken to HSBC'c Indian call centre and was told the debit interest is for using my agreed overdraft?

[sammy01]

Please ignore my last post. My question has already been answered. Sorry it's I bit late and I've been looking at too many figures.

[sammy01]

Sorry I don't know if I am posting this in the right place. I filled in an online claim 22/06/2006. Claim Number 6QZ40806, Amount £2989.00. I'm a little nervous. I also have a couple of people in work who are too nervous to start claiming against their own banks until they see how I get on.

[rmoody70]

Dont be. Its now a game of waiting, you will get an ack stating they will defend the claim. Then it will be WP ( without predjudice a way of solving a dispute without court room battle ) negotiation time - Dont go for the 1st offer unless its a full one and dont sign nuffing either about confidentiallity etc.

 

HSBC - WP Negotitions £2500 to be settled this week I hope.

[maverik1979]

Sorry I don't know if I am posting this in the right place. I filled in an online claim 22/06/2006. Claim Number 6QZ40806, Amount £2989.00. I'm a little nervous. I also have a couple of people in work who are too nervous to start claiming against their own banks until they see how I get on.

 

dont be nervous, i did my mcol on 23/06/06 so im in the same boat as you

[sammy01]

Following on from my online claim HSBC acknowleged and brought themselves 28 days. Today I received notice from the courts re the acknowledgement, I also received a letter from DG Solicitors requesting a breakdown of the amount I am claiming to enable there clients to consider my claim. Should I send a copy of the spread sheet which adds the interest and mention the £120 court fee. Is this normal your have I missed a step along the line.

[Michael Browne]

This nothing to worry about, just a stalling tactic to get you anxious.

 

If you wanted to be awkward you could write back and tell them that since their client supplied you with all the pertinent information in the first place, you suggest they ask their client.

 

Sensibly, just go along with their little game and send them the 8% spreadsheet

[sammy01]

Great news after posting a breakdown of my charges by special delivery on 3rd July, letter received today from banks solicitors offering full refund of charges plus court costs, but not interest. Should I accept this but advise I will continue with the online claim to recover the interest (£568.93).

[ppauls150]

Me personally i would reply back to DG Solicitors and as thank them for their offer but as it is now going to court, If and when you win in court the cost will be Charges + Interests + Courtcosts as the courts say you can legally charge the Interest so why shouldnt that be offered in the settlement. I am sure that they will say on the settlement that this is a full and final offer, and if so that means then that you wont be able to claim for the interest seperately. Remember this is your claim proceed how you wish but also remember this, this is your money and your claim which means that if they wish to settle they settle on your terms not theirs.

Regards

[sammy01]

Just thought of something else. My claim with HSBC was from April 2000 -April 2006. They have since charged me, can I claim these charges back under a separate claim

[Michael Browne]

Yes, you can.

 

Mention these when you write to the solicitors re: the interest and ask them to include these. If they won't, it's off to court again.

[ppauls150]

Yeap i am sure you can all you have to do is start it all over again, Or what you can do is mention to DG Solicitors that since you started your claim you have been charged these charges and that if they wish to add these charges back ontop of the charges that you were claiming for + interest + Court costs and if not you will go on MCOL and change the ammount that you are claiming for as more charges have happened. I believe that MCOL charge you for changing the ammount but you just tell the solicitors that if they dont offer the full refund plue the ones that you havent been able to add on before the claim they will incur more court costs.

Hope this helps.

[sammy01]

Thinking of sending this to Solicitors any comments or suggestions ?

 

 

Dear Sir/Madam

 

Thank you for your offer of £3109.00 as full and final settlement of my claim for £3557.93

 

I regret to say your offer is not satisfactory. As shown in the breakdown of my charges, interest is added as allowed under section 69 of the County courts Act at a rate of 8% a year amounting to £568.93.

 

Furthermore, unless this matter is resolved to my satisfaction before the 26th July 2006, I will proceed with my claim.

 

 

 

I must apologize, after just reading an update I did not send my breakdown of charges with my letters to bank. But the solicitors have them after there request. goes to show that it makes sense to thoroughly read the forum before diving in.

[maverik1979]

Thinking of sending this to Solicitors any comments or suggestions ?

 

 

Dear Sir/Madam

 

Thank you for your offer of £3109.00 as full and final settlement of my claim for £3557.93

 

i accept this offer as part payment only and will continue to reclaim the remainder as per the timetable i originally stipulated.

As shown in the breakdown of my charges, interest is added as allowed under section 69 of the County courts Act at a rate of 8% a year amounting to £568.93.

 

Furthermore, unless this matter is resolved to my satisfaction before the 26th July 2006, I will proceed with my claim.

 

 

 

I must apologize, after just reading an update I did not send my breakdown of charges with my letters to bank. But the solicitors have them after there request. goes to show that it makes sense to thoroughly read the forum before diving in.

try that instead, you have to appear reasonable incase it ever went to court

[sammy01]

Thank you Maverik, will amend and post tomorrow

[sammy01]

***RESULT ***- DG Solicitors have replied and offered full amount. I will cross out the strictly confidential and return accepting it. But do I contact the courts to stop the online claim before receiving the money or do I wait until receipt of the money. Also how do I stop the online claim ?. Can someone change the title of this thread please. I know myself it does you the power good to read threads were people have won. Cheers

[Michael Browne]

Congratulations.

 

Wait until you definitely have the money. Then phone or write to the court and tell them the case is settled