HSBC rip off charges Help Please !!

[MIKEY DABODEE]

does anyone have a quick link to the form I need to lodge my court action and any notes on how to do this

 

thanks

[Castlebest]

oops doesnt look like anyone's been about today heres the link you need

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

pete

[MIKEY DABODEE]

what does yesterdays ruling mean for us ??

bit confusing

[johnnymitch]

have a look at this link mike - from #231 - it's not conclusive , but I haven't seen any other interpretation yet.........

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/112990-hearing-remove-stay-12.html

[Castlebest]

It means no change for us for the time being however this is obviously concerning HH Justice Smith and therefor probably a good many judges will have the same opinion that this could take longer than necessary.

 

I think this is an indication that the high court is starting to realise there is a danger that they are just being used by the banks to delay things, a very similar point of view many county court judges have in our own claims.

 

pete

Edited May 24, 2008 by Castlebest

[MIKEY DABODEE]

should I proceed to court then

[Castlebest]

We are recomending you do, if for no other reason your claim will attract the County Courts Act section 69 interest at 8% once you have filed your claim

 

pete

[MIKEY DABODEE]

where would i find the fees

what heading do they come under??

would I be right claim just short of 5k £108

 

thanks pete

[Castlebest]

There is a county court web site that lists the fees, dont have the address to hand at the moment but a quick google should give it to you .

 

pete

[pinkduchess]

yes its £108 for under £5000

[freakyleaky]

To issue a claim form where your claim is for money only and the amount is:

up to £300 £30

£300.01 – £500 £45

£500.01 – £1,000 £65

£1,000.01 – £1,500 £75

£1,500.01 – £3,000 £85

£3,000.01 – £5,000 £108

£5,000.01 – £15,000 £225

£15,000.01 – £50,000 £360

 

£50,000.01 – £100,000 £630

£100,000.01 – £150,000 £810

£150,000.01 – £200,000 £990

£200,000.01 – £250,000 £1,170

£250,000.01 – £300,000 £1,350

over £300,000 or for an unlimited amount £1,530

 

Edited May 25, 2008 by freakyleaky

[MIKEY DABODEE]

evening all, how aI re things looking on the bank charges front,

I have been busy of late and havent filed my claim at court

 

update I paid my overdraft off the other day with the charges it had reaached over £900 and the they wouldnt listen to any offers of monthly payments

my friend put the money on their card

because I am desperately trying to sort my cra files out

 

when i phoned to pay they accused me off fraud

I am very angry and intend to make a complaint, any ideas to what I can say and should I file my court case

 

cheers

[johnnymitch]

Hi Mikey, welcome back

 

Not a lot been happening on the bank charges front - claims are still stayed and the banks are still charging

 

However , this shouldn't stop you from lodging your claim with the court - from the time you lodge it ,it attracts 8% interest and you will be 'in the system ' when the thing is resolved, as I believe it will be.

 

I don't think you'll get much joy out of a complaint for something that happened on the phone, they'll just deny it - unless you've got it recorded? But if it makes you feel better to put them on the spot for it............... then have a go by all means.

 

But your priority should be your claim........ it's your money - you want it back......

[MIKEY DABODEE]

whats the latest news on the bank charges front ???

 

is it looking hopefull ?????

 

as expected had no reply to my complaint, after clearing the balance last month they still managed to put another 82p interest on this month

 

havent submitted my claim yet due to having to find above

[johnnymitch]

Hi Mikey, nice to hear from you again ,

 

The position is very much the same as before, with the banks appealing every ruling and generally being a pain as usual.

 

However , we are still optimistic and the view on the forum is that claimants should proceed to the 'stayed in court' stage. At least that way you're in the queue and the interest of 8% is building up from then on.......

 

So, if you want to go for it , I reckon you've still got plenty of time.

[MIKEY DABODEE]

does the ruling about Natwest the other day give us any hope or effect

our claim to our H.S.B.C charges or not, its so frustating waitng for the end:confused:

[MIKEY DABODEE]

Have ve read the banks are going to appeal to the House of Lords

against losing the case

so its not over yet

but should I still go to court

have had a very tight year so far,

and have done nothing with my claim since last year.

My account with them is still open and has a small in the black balance but receive no statement

I would have to pay to take my claim to court and money is tight, what

do you advise please

[johnnymitch]

It's all over bar the shouting , mike , but these disgusting banks are going to do plenty of that - . They have been refused permission by the High Court to appeal to the HOL , so they are going to apply to the HOL for permission to appeal .........

 

Meanwhile , the general feeling on the site here is that , if at all possible you should get your claim into court - stayed , but earning 8% interest while it waits.

This is best explained by Mr Lex one of the Site Team on here:

Why you should start claim (courtesy of Mr Lex)

Remember, you need to get your claim to court

 

When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should start to claim at court now

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected

 

(you are supposed to be protected by the 'waiver', we now know you are not

When the stays are finally lifted, you will be one of the first in the queue to get paid

 

Once the courts are involved, you get the 8% interest

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up

 

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646

 

So, although I realise money may be tight in this current climate mike , if you can find a way to get your claim to court .... go for it !

[MIKEY DABODEE]

hi everyone

looking at the charge for taking my claim to court I think we have scrapped it together,

 

whats the first step I have the list of charges somewhere on my computer

 

its ages since I have looked into this but hope to get it to moving again this week

[johnnymitch]

hi everyone

looking at the charge for taking my claim to court I think we have scrapped it together,

 

Well done Mike , in the opinion of this site it will be worth going the whole hog !

 

whats the first step I have the list of charges somewhere on my computer

 

Hopefully you've got a spreadsheet with your charges on it , which has been racking up the interest for you daily .......

its ages since I have looked into this but hope to get it to moving again this week

 

It is now generally accepted the the best way to submit a claim is through your local county court as opposed to online ..... so you need to get a Form N1 from your local court and fill it in thus :

http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available.html

 

Your spreadsheet should be summarised under the last entries thus :

 

Amount of charges reclaimed @ (date )__£ ..............

 

S 69 Interest @8% to (date)__________ £..............

 

Court Fees_________________________ £..............

 

Total Amount Claimed________________ £...............

 

Come back if you need more help Mike , best of Luck .....

[MIKEY DABODEE]

thanks will get a form tomrrow

 

and find my spread sheet, update it, didnt know I can claim the fee back

 

will probably need lots more help

 

 

cheers

 

lets hope judgement day is soon so we can all make a good donation to your excellent site

[MIKEY DABODEE]

Fight the good fight !!

have we lost

 

I didnt get it to court

 

Should I have ?

 

Apparently 51 per cent of people polled agreed the banks should have won

 

What should we do now,

[johnnymitch]

Hi mikey , welcome back

 

No ,we haven't lost ...... the OFT lost by using the wrong argument .

 

However , you can get your claim to court shortly using revised POCs which the team are working on as we speak ....... should be out in a few days or so I think........

 

Just hang about for a few days and keep your eye on the site for developments ...

[MIKEY DABODEE]

any ideas whats the best way forward,

received a letter from HSBC somewhere along the lines of, the charges where fair so tough.

I dont want to give up but is all lost now

[johnnymitch]

Have a look at Pete(Castlebest's) thread mikey ..... particularly this ;

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2664368.html

 

It's a waiting game at the moment , until we get guidance from the legal guys .... but a holding letter will let them know what your intentions are ....

and keep an eye on the 'Announcements' at the top of the HSBC forum page to see further developments ..

Of course , come back and ask if you're in any doubt .