Flame17 V's HSBC Again

[Flame17]

I am absolutley fuming! HSBC are going to charge me £100 for going overdrawn!

I have sucessfully claimed my charges back from them in the past do I just go through the same process again or do I have to wait for this Court case to be all done and dusted.

 

Thanks a really really mad

Debs

[jowalshy]

You can go through the process again although you will probably find your claim will be put on hold until the outcome of the test case.

[Flame17]

Thanks, that's fine I just want to get started!

Will it go on hold at the point it should go to court or before then?

[jowalshy]

What usually happens is that you send the prelim and the LBA and HSBC say "thanks for your letters, your claim will be filed away until the outcome of the test case". If you proceed with a claim through the courts, they will then apply for a stay of proceedings until the outcome of the test case.

[Flame17]

Would you recoomend I take thier word that they have filed it away or start with the courts then at least their is official paperwork?

 

I don't trust HSBC!

[jowalshy]

The choice is up to you. Some people have gone ahead with filing a claim through the courts, but these people were usually ones that have charges going back six years and they didn't want to lose the earlier ones. I too have had a number of charges since I won my first claim. As these charges only go back to last March, I am waiting the outcome of the test case before I pursue a claim, but that is my choice. You may think differently. Hopefully we should know the outcome in the next couple of months.

 

One advantage of filing with the courts now is the 8% interest that is also claimable on top of the charges imposed. If the OFT win the test case, and you have filed a claim with the courts, you would be entilitled to have this interest back as well, and if it takes longer than a couple of months for the test case to be over (and if the OFT win), then this interest carries on accruing until it is all sorted.

[Flame17]

Thanks for the information, I think I'm going to go all the way with it, I just want the back up of official documents.

Thanks for everything

Debs

[jowalshy]

You're welcome Debs and good luck. If you need any further help, just shout.

 

[Flame17]

Hi

I am at the stage of sending the letter before action and I see that this now includes

"You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action"

 

I never requested this in my 1st letter, shall i leave it in as I want to start court action ASAP or take it out and continue as normal.

 

Thanks

[Castlebest]

I don't think it can hurt to ask, maybe change it from "You are also reminded of my request" to "I also request", they wont send you anything so it makes no difference really

 

pete

[Flame17]

Thanks.

 

I read on someones thread that you can't claim on the same account twice. That's not true is it??

When I last claimed and won I crossed out the bit on the agreement that said I wouldn't claim from them again.

I have another account set up as I am in the process of leaving them anyhow.

[jowalshy]

Yes you can put in another claim on the same account, although the banks do not like it very much. The bank could possibly close your account due to a "breakdown in relationships".

[Flame17]

Thats fine, as I have moved anyway, just need to physically close down the account.

Thanks

[Flame17]

Since putting in my most recent claim I have recieved another charge, it will be the last as the accounts now inactive. I have recieved a letter saying its going on hold awaiting the trial outcome. I was going to start court action to gain the intrest in the meantime. Can I just add this charge to my existing claim and start the court action or do I need to do the the first two letters again for this amount.

Thanks

[jowalshy]

As long as you haven't got to the court stage you can add the other charge on. If you have already filed a claim you will either have to start a new claim from scratch orrrrr amend your existing court claim which will cost you about £35 or so.

[sea-sidelady]

You can keep adding charges onto your spread sheet, right up till you file at court.

[sea-sidelady]

Sorry Jo, didn't see you there.

[jowalshy]

lol SSL

[Flame17]

Thank you very much I haven't filed yet so I will just add it to the bottom!