Weezypoos v HSBC / WON

[mathancock]

I received the standard letter from Mr Shepherd about sending statements when not requested but i just carried on regardless. I have since then sent the LBA to which i received a reply after 8 days (letter in my thread). This letter is not positive at all but i have been reasurred to carry on with the timescale. Looks 99% certain i am going to moneyclaim but now we can have £600 of interest, Lovely job.

[weezypoos]

Looks like I shall be heading down the mcol line also, no offer as yet, I know you received one hedgehog, was that before you sent the premlim? I think they are trying to call my bluff and hope I back down before court stages. No way, its my cash and I want it back.

 

I defo reckon there must be something in the duplicate statements, if not least the waste of money with the paper, they were all in individual envelopes, must have cost a fortune in postage! They obviously have too much money and therefor should pay mine back asap!

 

Hedgehog - Send recorded delivery, its only £1 and they still have to sign. I have not sent any of my letters by recorded or special, they have all gone 1st class and I have kept dated copies of the originals. Not wasting another penny on HSBC and my big fat chq from them will be going straight into my parachute account with NatWest!

 

Good luck everyone and hopefully my next post will be with regards to an offer!

 

Louise

[Hedgehog]

Had an offer after prelim, about 5 days before my LBA went off......

 

If they have 4000 letters delivered by recorded delivery, they have to sign once for all of them... a big bag to sort through...sit on desks,... etc

 

If they have 4000 letters delivered by special delivery, they have to sign for each letter individually, theres only the two main letters, prelim and LBA.. so I figure its worth it!!

[barracad]

If they have 4000 letters delivered by special delivery, they have to sign for each letter individually, theres only the two main letters, prelim and LBA.. so I figure its worth it!!

 

Actually they'd be signed for in bulk along with the Recorded Deliveries.

 

There is no need to send your prelim or LBA by Recorded or Special Delivery - just an ordinary First Class stamp will do.

[Hedgehog]

Actually they'd be signed for in bulk along with the Recorded Deliveries.

 

Apparently not, I asked at the post office about the difference, recorded delivery goes in the main post bag, along with all other mail, special delivery is not allowed to mix with normal mail, the postman has a clipboard with corresponding barcodes to the special delivery items, each to be signed for!!

 

I know I don't really need to....but it makes me feel better! They know I mean business!

[barracad]

I don't think they've explained it very well, or you've got the wrong end of the stick.

 

The mail is kept seperate as it is processed, but when it comes to getting a signature the process is very similar. If there's 4000 items they aren't going to sign 4000 times! If there's a few items, they'll stick the barcodes on a card and just get one signature on the card for all the items. If there's loads of items, they'll print a list of with all the items and just get 1 signature for the lot (or 1 signature per page if they can't print them all on 1 page).

 

Also, with the amount of mail the banks receive it is likely that once they've got all the mail the postroom will just stick all the letters in a machine to open them, and by the time it gets to the right person they won't even have a clue you sent the letter by Special Delivery.

 

Sorry if this spoils your fun!

[Hedgehog]

oh... and I thought I was being a pain to them!!.. still it really does make me feel better, and have recieved an offer after my prelim letter, when loads haven't so I wonder if it helps??

[weezypoos]

I think it may help Hedgehog as all my mail has just gone first class and the only thing I have received so far is an unwanted second batch of statements!!

[weezypoos]

Please could someone help me with the interest on mcol. I promise I have read and re-read all the instructions and its going in one ear and out the other! My total claim is for £3111.00. I have calculated (using the excel spreadsheet) that the interest is £509.92. Does this sound right anyone? Also I have read on someone elses thread the following:

 

I claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 08/12/00-17/07/06: £xxx on the charges and £xxx on the interest, making a total of £xxxx.

 

How do I differentiate between the charges and the interest? I thought the interest was just one sum? Help????!!!!

 

Also when I submit my particulars of the claim do I add into the total I am claiming the £120 court fee's or just the total amount in charges + interest?

 

Any help would be hugely appreciated cos I now feel like I have a force field in my brain directing any useful information as far away as possible!!!

 

Thank you

 

xx

[sar011279]

Interest sounds about right.

Have you had a look at the MCOL site, it's quite helpful and will give you the paragrapgh you need for the 8% interest. It also asks you if you want to include the £120 in the amount you claim back.

[weezypoos]

I think I have about managed the paragraph in the allowed amount of words but the only bit I'm stuck with is the paragraph below. I think this is the last part on the mcol paragraph, particulars of claim, not too sure where I got it from, must have borrowed it from someone elses thread!

 

I claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 08/12/00-17/07/06: £xxx on the charges and £xxx on the interest, making a total of £xxxx.

 

How do I know how much interest is on the charges and how much interest is on the interest??? Am I just showing my true colours and being totally blonde, is this not the right paragraph to put in there? Please help before I go crazy!!

 

Louise

[pcr1]

If you're using Vampiress' spreadsheet that works out total penalty charges, overdraft interest charged on penalty charges and then the 8% CC interest on top of each of these, it splits them out. On the third sheet I think.

[weezypoos]

You are an angel, many thanks I shall take a peek now!

 

Louise

xx

[weezypoos]

Just been having a look and can't seem to find the one you mean. There is the one I used for my shedule of charges which has the amount, date, days since offence and interest? Is this the one you mean as I tried using this before and it calculated just the total interest of £509.92 on a £3111.00 claim. I know i sound a bit slow but I promise I'm not usually! Is there a link of directions for dummies someone could provide

 

Humble thanks

 

Louise

[weezypoos]

Found it, v sorry!

[weezypoos]

Could anyone please copy and paste some sort of paragraph they have used in particulars of claim on mcol. Just standard stuff for total charges plus 8% interest. Would really help as I'm just going round in circles!!

 

Louise

xx

[sar011279]

Here's the exact wording in mine, hope it helps!

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 £3975.00.

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from 13th June 2000 to 27th June

2006 of £912.71 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 18/7/06 is £4887.71 plus court

fees.

[weezypoos]

That's perfect, thank you so much for the help, really appreciate it, On Tuesday I can go nail the buggers!!

[pcr1]

Daily rate is not 8%! 8% is the annual rate!

 

You need to work out how much it is per day (does the spreadsheet do this for you? - I think so) and put that amount in, i.e. "at a daily rate of £0.25" or similar).

[weezypoos]

So I take my total 8% interest of £508.57 and then multiply it by 0.00022?? Then add these two figures together? SOmeone please clarify I think I'm going mad, feels like been in schools maths exams all over again!!

 

£508.57 x 0.00022 comes out something like 0.1118854 - what the hell is this?? 11pence?

 

Someone save me from the straight jacket!

[pcr1]

So I take my total 8% interest of £508.57 and then multiply it by 0.00022?? Then add these two figures together? SOmeone please clarify I think I'm going mad, feels like been in schools maths exams all over again!!

 

£508.57 x 0.00022 comes out something like 0.1118854 - what the hell is this?? 11pence?

 

Someone save me from the straight jacket!

 

It's total claim multiplied by 0.00022 (which is 8% / 365). So, I think your claim is £3161 from your sig, right?

 

So your daily rate is:

3161 * 0.00022 = 0.69542 = £0.70 per day.

 

So your claim would be for £0.70 (i.e. 70p) per day.

[weezypoos]

Thanks PRC1

 

Just to clarify and call me **£%"^!&! if you like for sounding so slow off the mark...

 

My total charges are for £3161.00. This amount includes no interest at all. The 8% interest on this which the excel sheet worked out for me is £508.57 making a total of £3669.57. So far I have not requested any interest back in my Prelim or LBA. Its only now that I am filing with mcol that I have had to try and work this out. What do I do with the 70pence per day, add it onto £3669.57 as a one off or 70pence per day for the last six years??

 

Huge apologies and no offence to any blondes out there but I think a "nice and easy chestnut" is called for!

 

Louise

[pcr1]

The £3669.57 includes the interest for the last few years on each charge, from the date it was levied, to today (which is £508.57).

 

However, you are entitled to receive interest up to when they settle.

 

So, for every day from now until they settle, the figure you're claiming goes up by another 70p. So if they settle it 10 days from now, they'll have to pay an extra 10 X 70p = £7 in interest, so they have to pay you:

 

£3669.57 + £7 = £3676.57

 

If it's 20 days, they pay

 

£3669.57 + £14 = £3683.57

 

And so on, depending on when they settle. They'll probably just settle for the amount of the claim though (i.e. £3669.57) and not add the additional interest, which it probably isn't worth pursuing, so I wouldn't worry too much about it.

[weezypoos]

A little light has just appeared in my head! If you were anywhere near PCR1 I would give you a huge kiss or buy a beer, dependant on gender. Saying that I wouldn't turn down either!!

 

Getting off the beaten track now. Thank you so much, I can say with great confidence that I understand and can stop clogging up the forum with my repetative questions.

 

Your a star

 

Louise

[sar011279]

Daily rate is not 8%! 8% is the annual rate!

 

 

 

 

Ooops!! You never know, they might not notice my typo and pay me an extra 8% of the total per day!!! Some how I don't think so!!!!

 

Bet DG had a right laugh at that, oh well I'll be laughing louder and longer when I get my settlement and send them a post card from the Maldives!!!