Second contact

[RussellRoberts]

Hi Carly,

 

Sorry to be a pest but what did you put in the box of "particulars of claim" on the MCOL form?

 

Russell

[carlyt123]

Hi Russell,

 

On the business claims they muct be in the name of the company and not your name or they are not valid claims.

 

The particualrs box is tricky as it is not big enough on line to hold the info you want to put in. You pnly have a limited number of characters so you have to play around with it a bit.

 

Put something like this;

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable 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.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

Don't forget to include the section about the interest you are claiming either, or you can not claim it. There is a link to the interest bit on the MCOL form, copy and paste that on the particulars as well.

 

Hth

 

Carly;)

[RussellRoberts]

Carly, Thanks you're a star , Forms all filled in and ready to hit the button on tuesday morning after I've re-read it all a thousand times I expect. I'll keep you posted. Thanks again

 

Russell

[angela1606]

good luck

[RussellRoberts]

Thanks Angela x

[RussellRoberts]

:D Excellent news peeps:D

 

Full settlement of my personal account!!! waited for me to issue and then caved in, fantastic!! Thats my private life sorted for a couple of weeks. They're not so keen to pay up on the business side of things though, DG want a breakdown of the charges, and so they shall x x x x x x x

[HSBCrusher]

superb news!

 

only the other account to go, why are they dragging it out? They know you sre going to win.... it's just a game I suppose.

[RussellRoberts]

Hi folks

 

latest development in the saga of my business account saga.....this morning I got a "Notice of transfer of proceedings" along with an "allocation questionnaire":o. I can deal with these I think, with the comprehensive notes of help in the forum. looks like we're going to the wire with this one.....don't tell em yer name pike!!

 

seriously though anybody got any thoughts please?

[RussellRoberts]

Well no response to that so I'll take it that I'm being a bit of a wuss, anyway its gone to another level for me and my situation, and I really could do with either advice or reassurance, I'm not sure which! but either would do. Anyway, this is what i got today:

 

"We beleive it may be helpful for us to explain how the figure offered was calculated. As per your schedule HSBC is offering to refund the excess charges of £1...,00, Unpaid charges £5..,00, and interest on those sums of 8% per annum of £1..,40 , plus the court fee of £120, totalling £2287.40, We do not consider that the claim for all debit interest charged to the account or the money transmission charges, which relate to specific account transactions that you authorised, have any merit as they have no relevance to your claim which is stated to be for an alleged "penalty charges". We are therefore instructed to repeat the offer of £2287.40 in full and final settlement of your claim.........blah!"

 

My dilemma is that the figue on my spreadsheet is £3291.15, I'll tell you what!! 2 and a quarter would get me out of the poo for 2 weeks big style, 3 and a quarter would mean i could pay a couple of friends as well who were good to me when it mattered. some advice please???

[RussellRoberts]

Hello......anybody there?

 

Its been a week since my last confession...etc etc No reply to my last couple of posts

 

a couple of questions if thats ok,

 

I received a Notice of transfer of proceedings to my local court on the 3rd October, with an allocation questionnaire that I duly filled in and hand delivered on the 4th of October (the AQ didn't have to be returned until the 21st October). I had an offer of two thirds on the 9th which I politely accepted as part payment etc, I then got a letter back dated the 19th still offering two thirds explaining how the figure was calculated. "We do not consider that the claim for all debit interest charged to the account or the money transmission charges, which relate to specific account transactions that you authorised, have any merit as they have no relevance to your claim which is stated to be a refund of alleged "penalty charges". We are therefore instructed to repeat the offer of......"

 

My questions are:

 

From your experience, how long was it between Notice of transfer of proceedings/deadline for allocation questionairre to hearing a court date?

 

Are there deadlines at this stage? Am I being dim here or do I just wait to hear from my local court?

 

How much longer can this go on, every where I look, and believe me I've looked, say that it is unlikely that it will get to this stage.

 

I'd really appreciate any help, advice or feedback on my situation, It's starting to do my head in. Thanks

 

Russell

[Spiceskull]

Hi Russell,

 

You posted the same question in my thread, and I have answered there. I have just noticed that so I will copy the post here.

There is no hard and fast timetable, but the civil procedure rules state that an allocation hearing (a rare occurrence) should be timetabled 'promptly' and in a timely fashion.

 

I take this to mean that you should find out in a couple of weeks, and certainly that you should find out with at least 7 days notice. My case involved notification being sent to the wrong address!!! and you can read all about it here.

 

In a nutshell, you wait to hear from the court. However, and as mentioned, an allocation hearing is a rare occurrence, and the offer you received indicates that the bank does not want to go down this route.

 

I suggest you stick out for the full amount. Not quite sure what the amount they contest relates to, but I would look over your own calculations again. If there is anything you feel they could justifiably resist (have you made errors calculating the interest?) then amend your figures and accept the revised amount.

 

If there is anything in error in your claim, and they decide to defend, you could come off worse in the court. Check your figures, and offer to accept what you know you can justify in court. If you want some help with this, PM me and we can continue by looking at your calculations in private.

[RussellRoberts]

Phoenix Thankyou,

 

I was hedging my bets a little to be honest. I hadn't had much response in my own thread for a while and was panicking, so decided to ask someone directly that had or was having a similar experience. My apologies if I butted in in any way:-) . I am currently going through my statements as i type to check details. I am right in assuming (I hope!!) that I can claim back "Total charges", "recall so/dd", "unpaid items" and 8% interest on these amounts. I have not included overdraft interest (although I could have done, but it seemed like a minefield), arrangement fees, or overdraft fees. Did I make it clear that this was a business account? and do you think this would make an difference?

 

Thankyou for your patience

 

Russell