No More Tears 2 ***SETTLED IN FULL***

[Canuck]

Sounds like you've had a frustrating time of it. You should try dealing internationally with HSBC. When I phone from Canada I get India or Malaysia or Scotland or ??? anywhere but the bank I want to talk to. I've complained about forms disappearing they say they'll send new ones out - never arrive! Finally wrote to Manager, Service Quality Team in Leeds. Is there really such a person? For 3 months I've been trying to get a security number so I can do telephone banking! What kind of an outfit is this?

[HSBCrusher]

What kind of an outfit is this?

 

one that is making a lot of money!!!!

[Hedgehog]

Help!!

Am in the middle of filling in MCOL, is there a template for what you write in the details bit? I am sure I have seen a few posts on this, but do you think I can find them now that I need it!

[magicmerlz]

Ive just put mine up about 3 posts below yours, see - Magicmerlz V's HSBC

 

I have 2 accounts with the defendant which are conducted on their standard terms and conditions. I am claiming the return by cheque of money

taken by the defendant in the way of

charges over the last 6 years. The banks

charges are a diproportionate 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

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. para 8 and

sch.2 1 e. In the event that the charges

are not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges despite repeated requests. Total charges of £xxxx.xx. I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from 7th July 2000 to 1st August

2006 of £xxx.xx and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £x.xx. The total at 1/8/06 is £xxxx.xx plus court

fees.

[weezypoos]

Hi Hedgehog, I'm at the same stage as you are now, mcol tomorrow for me. I struggled for hours with this and thankfully S.A.R - (Subject Access Request)... helped me by listing the exact wording she used, hope this helps and thanks Sar...

 

P.s, Dont think her name is subject access request but it comes up automatically! And she is a life saver! Good luck Hedgehog, I shall follow your progress and hopefully we both get a bit fat cheque!

 

The claimant claims the return, by cheque, of money

taken by the defendant in the way of

charges over the last 6 years. The bank's

charges are a diproportionate 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

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. para 8 and

sch.2 1 e. In the event that the charges

are not a penalty then they are nreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges. Total

charges of £xxxx

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from xx/xx/2000 to xx/xx/2006 of £xxxx

and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 8%. The

total at xx/xx/xx is £xxxxx plus court

fees.

 

 

 

Louise

xx

[Hedgehog]

Wow, thanks both, will go and update it now!

[magicmerlz]

LOL - virtually identical.

 

Mine is going in today - good luck weezypoos and hedgehog.

 

I will keep you up to date on mine.

 

Regards

 

Magic

[weezypoos]

Thanks Magic, I shall look out for you both, its nice to know someone else is at the same stage.

 

Louise

[Hedgehog]

ooooooh EXCITING!!!! Thanks both for earlier, all done and dusted today, paid my £120 for MCOL and now claiming £3778...

wonder how long now..., how scary...turn down £2000 and go for lots more....

[weezypoos]

Almost exactly the same as you Hedgehog, just filed my mcol for £3808!

[wardyboy2]

Me too. Filed yesterday (1st Aug). Last one to get paid gets the beers in!

[weezypoos]

Deal!!

[Hedgehog]

sounds like a plan!!

(money claim seems down, can't check it...)

[angela1606]

pmsl they prob overloaded with claims hahahaha

[HSBCrusher]

Exciting stuff eh?

I was in a race with 2 other claimants when I got mine back!

 

Let the best man win!

(you all will!)

[Hedgehog]

HSBC have acknowledged the claim.

 

ooooo nail biting....

[weezypoos]

Haven't had an acknowledged claim yet but just received an offer from Colin Langdale for £2000. Promptly replied accepting as partial settlement and told them that I would be persuing the remaining £1808!! Just feels from somehow declining 2 grand from HSBC. Fingers crossed!

[Hedgehog]

HAD A LETTER FROM THE COURT TODAY STATING THAT HSBC WERE DEFENDING THE CLAIM.....oooooooooooooooooooooo

[weezypoos]

C**p!!! I think this is usual though Hedgehog isn't it?? I bet I get the same thing too. How many days from when you issue your claim with mcol before you win by default or have to go to court?? On my mcol form it said the court was Northampton, I live near York! Not sure what happens next really, do you know?

 

Have you had an offer yet?

 

Good luck and hopefully they are using scare tactics!!

 

Louise

[wardyboy2]

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.

[wardyboy2]

Also... it looks like you wont be getting the beers in. Me and Weezy are yet to get this far!

[Hedgehog]

Also... it looks like you wont be getting the beers in. Me and Weezy are yet to get this far!

 

Woohoooooo... well after the last night out I had I'm not sure if I am ever going to drink again....( 4 day hangover!) Think it might have been more than just the wine!!

 

so if I get a full offer......how long till I can spend spend SPEND??

[Hedgehog]

 

Have you had an offer yet?

 

 

I had a partial offer before the LBA but nothing since,

but yes I think intending to defend is usual, or else they are admitting fault...and I doubt they will do that!

[Hedgehog]

Today recieved a general fob off letter to reply to my letter dated 14th July..

"sorry you don't think our charges are fair..blah blah but we do.....T & C's ..blah blah ...ombodsman..etc..

 

They seem to be all in the wrong order.....

[weezypoos]

I dont think they know their heads from their behinds at the mo! They must be totally snowed under with claims and LBA's etc.... Do we feel sorry for them??

 

Fingers crossed for you Hedgehog, hopefully this time next week we are all a little richer! Do you know how long HSBC have after the claim was issued to respond or settle before we can win by default?

 

Ever hopeful

 

Louise