Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Claiming charges back from day one - Help!


reclaimone
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5763 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone.

 

Added up charges. Comes to nearly 3K.

They have not included overdraft interest or fees for stopping a cheque?

Say the fees were advised when the service was provided.

 

I think this is wrong - can someone confirm so I can write back asking for a list of these.

 

Ta:o

Link to post
Share on other sites

that's what i'm asking you - if you don't mind telling - how did you get them to send you a list of charges - i don't know anyone else who got anything other than a massive stack of statements - even though the letter does ask for a list - i'm wondering if they've changed tactics..

 

so, what gives - did they actually send you a list instead of all the previous 6 years worth of statements?

Link to post
Share on other sites

They sent a list of unpaid s/o & dd charges for last 6 years.

Covering sheet saying they did not class debit interest, stopped cheques etc as charges.

 

Basically they were deciding on what to send me, so i rang them for amended letter inc debit interest and stopped cheques.

Link to post
Share on other sites

Hi,

 

Sent schedule of charges to HSBC asking for me money back, nearly £3K.

They have told me to resubmit schedule as "total charges" is insufficient, as this covers various charging components that need to be split and itemised?!

 

It is down on my statements as "total charges"!

 

Surely its their job to supply correct information when i submitted SAR?

 

They also have said i cannot claim for debit interest as this was detailed when the formal overdraft limit was agreed, and is a condition of the borrowing.

 

Anyone help?

Link to post
Share on other sites

To claim the interest back you need to proportion it off to the charges that they have charged you. Unfortunately you cannot reclaim all of the interest. As for the stopped cheques, again if you requested them to stop a cheque from your account, you cannot reclaim the charge they charged you for this. The only charges you can claim are for going over your o/d limit (Total charges), and bouncing DD's, cheques and S/O's.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

has anyone else had this? sending off for the statements and getting a list of charges? this is unacceptable - if you ask for your statements - you should get your statements.

 

you could also access your statements for the last six years on-line.

INTERNET BANKING WEBSITE: -

HSBC INTERNET BANKING

 

HOW TO OBTAIN YOUR STATEMENTS ON LINE: -

Click on “My Accounts” choose the account that you wish to deal with and then click on “My Statements” this will give you online access to up to 6 years of statements. (Repeat for each account and use a separate spreadsheet for each account).

 

Hint: - Watch out for the moving "Prev" button it is replaced by "Next" which takes you back to where you started

 

 

when you put the cursor over a particular charge - it will tell you what the charge is for -

you should print out the pages that have charges on them.

 

then you can start by circling all the charges. you can also include the interest debits (these are interest on your overdraft which you have been charged) but if you want to include the interest debits - you need to use the advanced spreadsheet - it will calculate how much of each charge is due to your charges - so if you are in postitive balance at the time of the interest debit - the advanced s/s will pick up none of the interest - if you are in negative balance at the time of the interest debit - the advanced s/s will pick up some or all of the debit -

on the advanced spreadsheet - the charges go on the left and the interest charges go on the right and depending on the balance - some, none or all of the interest will be picked up. at the end you will have two totals - add them together and that will be how much you are reclaiming in charges and overdraft interest. if the overdraft interest doesn't amount to very much - you are best leaving it off as hsbc are very picky about paying it out - they really balk at it and it must be done spot on to get them to pay it. so be sure you use the advanced s/s and don#t just plonk the interest debits onto the spreadsheet as that would be incorrect.

Link to post
Share on other sites

best not to ask questions on separate threads as we get totally mixed up - i've tried to answer your issues on your other thread. but poker mad is asking as total charges mean something different on a business claim than they do on a personal current account - so - let's get you back to your other thread - but do tell us if this is a business account... if so - you need to look at the pre-notification you get each month prior to the statement to see exactly how the total charges is broken down - some of it is reclaimable and some of it is not. on a personal current account the term total charges is a reclaimable item.

Link to post
Share on other sites

ok, let's get you back onto one thread - so - now we know it is a business account - you'll need that notification breakdown - i'm going to put a couple of links here to help you out with business claims -

A guide to Business Claims

 

Sample letter to your bank - business version

 

Claiming on a Business account? Lets join forces? (multipage.gif1 2 3 4 5 ... Last Page)

 

and here is what celicaman wrote last week to someone i asked him to look at their thread in exactly the same circumstances (celicaman is who i go to with business questions):

 

 

Hi KB, Lattie asked me to pop in.

This is for the business claim.

What you really need is the summary sheet that the bank sends just before the statements each month.

The charges on this sheet appear as 'Total charges' on the statements.Your brother should have these with his statements as with business accounts he must keep all the records for at least 6 years.

On there it lists what various charges are for and debit interest charged etc.

You cant claim for commission charges, ie a charge for items paid in & out of the account, they are usually around 60p per cheque, Credit paid in, SO & DD payments, there may also be a monthly Fee of £2.50 or £3.00. Also you cant claim for stopped cheque items as this is where you have stopped a cheque.

You can claim for overdraft fees, excess overdraft fees and any daily excess fees they charge (usually £4 or £8 per day)

 

On the main statements it will show charges for 'recall charge' 'SO & DD recall' You Can claim these back.

'arrangement fee' this one is for when they allow you to go over your overdraft limit, and usually get a letter saying ' we have agreed to your request for an overdraft' ( you didnt ask for anything, but they use it to get £25 out of you). They try to disguise this as an informal request for an overdraft !

You can claim these back and are usually £25 per time they 'agreed' to your request.

 

There is however a Legit 'Arrangement fee' this is when you have actually asked for a new or higher limit, & these can be a one off charge of £50- £200 upwards, depending on the limit you require and you Cant claim this back.

 

'Unpaid item' This is where somebody has given you a cheque & it has bounced, you get charged £4 for this and to confirm this , your statement should show the item being taken back out the account & represented again. You cant claim this back.

 

The bank know what charges you can claim back, but you have to prove to them which ones as they arent going to help you.

What you need to ask bank for is a full breakdown of all charges applied to the account or copies of the Summary sheets (not statements) then you can work out what to claim back. You will also then be able to work out how much interest on the charges to claim back. (you need statements & summary to worl this out). HSBC will say they dont pay this but they will if you include it in your claim and file at court.(this is not the same as Stat 8% interest applid at court)

May be worth your brother going to the bank and asking there, he may have to be persuasive there, maybe read up on the SARS stuff so he can explain that they must supply this information, other than that use the SARS template letters, but he may just get a second set of statements !

 

Anything else needs clarifying just Ask

 

Celicaman

__________________

 

 

hope that helps

Link to post
Share on other sites

  • 1 month later...

You can only claim back a proportion of the debit interest that relates to the charge. eg you are over you limit by £100 but only £30 realtes to charges. You were charged interest on the whole £100 but can only claim back the part that relates to the £30 charge. (i hope that this makes sense).

 

Now you have your charges you will needd to input all the figures on to a spreadsheet. There are some in the bank template library. If you are going to go for the interest as well you will need to use the advance ones.

 

Also, I think, if you do go for the debit interest you will not be able to go for the statutory 8% at the court stage (but I may be wrong there)

 

Here si the link for the spreadsheets:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Do not delete the info already there as this will delete the formulas. Just type your info over the top and when you are finished, delete the ones that do not relate to you.

 

If you need any help, just shout.

  • Haha 1

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

You are absolutely right PD. It is when you claim contractual interest that you can't claim the 8% as well. I knew it was some form of interest. thanks for correcting me.:D

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...