angieb v hsbc * * WON * *

[angela1606]

i got my fob off letter yesterday as predicted so i phoned them saying if they dont issue a cheque for full amount on my doorstep by 14th mcol will be issued at midday and that it was in there best interest to settle this now as it would be raised by £1000 i wait for their response

[angela1606]

hi is address for hsbc for mcol

8 canada square

london

e14 5hq

 

and is daily rate claim x 0.00022

 

so mine should be 4448.00 x 0.00022 = 0.97856 = 98p per day is that right

[angela1606]

and is this what i put in the particulars of claim

 

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

[angela1606]

ok got my claim all ready to go if all the above is correct my claim is actually

£4.388.00 + £779.76 + £250 fees and daily rate of 97p per day

now then it didnt say but is my claim still in the small claims part

[Michael Browne]

Small claims limit of £5000 excludes 8% interest, but it is included when it comes to court fees, which why they jump from £120 to £250. Nevertheless it will still be in the small claims track

[angela1606]

ok thank you i dont mind paying the £250 i even have it ready and i have the claim ready all i need to do is press submit now i phoned them today to warn them that if no cheque is recieved by monday morning at the latest the claim will be issued at midday monday and the woman i spoke to said that she didnt think i would get any response by then as they are so busy and all correspondence is being delt with by date i would have thought that it would have been more worth their while to concentrate on lba letters first than dealing with prelim letters

[angela1606]

so does everything ive done on mcol sound ok is that all correct really dont want to mess it up as alot of money waiting for me

[Michael Browne]

Claimant is claiming the return of £4388.00 taken by Defendant in charges over 6 years

You haven't mention the amount of charges your claiming in the POC, replace the word 'money' in the above sentence. Otherwise fine

[rdm2006]

Hi Angie

 

I won £4755.62 full settlement (Disney here i come lol) hope you get all yors back too.

 

re mcol there is an example in the library if you need it here is the link

manually - Link to form if doing it manually

[angela1606]

ooh thank you and way to go on your win woo hoo

[angela1606]

ok right thank you micheal i have made the change reason why i didnt do it was the rest of the place where you add you own info in was red this one was still black so it didnt register with my brain lol ok getting excited now still no word from hsbc and i have given them so much warning that i will issue claim and they have still ignored me roll on monday yippee

[dinahjl]

Good luck Angie - I have seen lots of your help to people on the site and you've lifted my spirits many times and made me all the more determined- you deserve everypenny - and you ARE going to get it!!!

[angela1606]

wow thank you sooooo much im just shocked that considering the amount im claiming for they have completely ignored me not that i mind ive had great satisfaction in telling people im going to sue my bank and i will be here helping for as long as people want tme to

[sarah13]

i'm in exactly same position as you, thanks for replying to my post. Lets hope we both have a happy ending!!!

[rdm2006]

Yep they did the same to me angie but i got it in the end LOL Plus interest!!!!

[angela1606]

Hi Ho

Hi Ho

Its Off To Court I Go

With A Hee Hee Here

And A Ha Ha There

Hi Ho

Hi Ho

cant wait till tomorow to file my claim they have completely ignored me lol

[rdm2006]

Just think you can claim that little bit eXtra now oops sorry wrong bank lol

[dinahjl]

There once was an HSBC

who picked on a girl called Angie

they thought they had scared her

ignored her and dared her

how wrong could they possibly be!

 

Good luck today!

[angela1606]

ok number 1 pmsl at the poem thank you you made my morning

number 2 they cant say i didnt warn them i have this morn filed claim to mcol they now need to pay me £5,424.35 and 97p for every day till they settle case number 6q254548 cant wait to get my new car yippee ok am i right in thinking i need to go into the littigation section now.

[chrisc]

Good luck Angela,

 

I'm at exactly the same stage as you, as I submitted my claim this morning. Last one there buys the beers.

 

Chrissy.

PS thanks for all the help and assist you have given on the way it's really helped others, including me.

[rdm2006]

I didnt go into litigation section angie not sure what that is for lol could be for those where the bank say they will enter a defence.

 

not sure though

[Michael Browne]

am i right in thinking i need to go into the littigation section now.

Please PM a Mod with your claim details.

Claim Number:

Bank:

Date:

Deemed Served:

Bank Charges Claimed: £XXX + £XXX 8% interest = Total £XXX

[angela1606]

i have am now in lit section

[angela1606]

and thank you chris for your v kind words

[angela1606]

ok right i go away for the day and wow first i get an offer from the bank dated the 14th aug offering £1990 not settling until i get it all as mcol issued on 14th now do we have a emplate as yet as to hoe i can accept this as a part settlement i have seen one somewhere and i would normally look through threads to find it but ive had a really hard day in court (no im not in any trouble lol) so if someone can help i would be really grateful ight now also today i have seen that my mcol has been acknowledged so fingers crossed