Second time around!!

[westwalian]

Hi all, after a period of 18 months, i'm back claiming again! I've already received a settlement from HSBC, do I need to go through the process from scratch or can I just sent my excel spreadsheet with charges and interest straight to the court procedure? Many thanks

[saintly_1]

You need to send the prelim letter and the LBA , then the banks cant say that you never gave them the chance to settle ........ also due to the OFT case currently at court be prepared for the bank to send you a ' we dont have to deal with this now' letter.

 

Your claim will also be stayed at court for a while.

[OldSalt]

Thanks for your help.

Edited September 29, 2008 by OldSalt

[Castlebest]

With the current test case waiver there isn't a lot we can do after our claims have gone to court and been stayed (put on hold) :-|

 

BUT....

 

Once you have started your claim and your account is in dispute there isn't a lot the bank can do to recover what they see as a debt either, the only legal way is through the court system and your claim is there already.

 

So if the charges they keep adding to your account are causing you a problem open another bank account and take your finances and your money out of the reach of HSBC, let them add charges, they cant recover them and you will claim them back . you can even write to them and tell them that as they keep applying ridiculous charges to your account you can no longer afford to bank with them .

 

You will get some stupid letters demanding repayment and maybe phone calls but there is no legal basis to any of it and most of these tactics are unlawful so we can advise you what to write to get them to stop .

 

pete

[johnnymitch]

by pete:open another bank account and take your finances and your money out of the reach of HSBC,

 

Of course, pete is talking about a parachute account Westwalian - but as you're second time around you probably know that . However this link may help you with it.

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

[westwalian]

Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?

[westwalian]

PS i've already changed banks and am now going through my charges and ready to go for it again, not a big fan of banks!!

[johnnymitch]

Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?

 

Once you've given them 14 days to answer your LBA and then started court proceedings - yes, I'm afraid so - but it attracts s.69 interest of 8% once it's in the court system ..........

[Castlebest]

Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?

 

You can leave it at LBA stage and I don't think many people here would question the validity of your dispute but to make it rock solid (if you can afford it) I would submit your claim to the court and then as Johnny says you will start to accrue the 8% county courts act section 69 interest as well .

 

pete

[Drewie3000]

sorry to Hi-jack your thread slightly, but I'm considering doing this second time round... As far as I can tell from reading everything in here, the process is the same, i.e pre-lim --> LBA --> MCOL court claim. Is that correct? only difference seems to be that the case will be stayed (small price to pay for the extra £££'s in interest!!!). I've actually started banking elsewhere as HSBC were charging me £150 a month, since moving banks I've not had a single charge and can finally afford to eat food again!!!

[johnnymitch]

Hi drewie ,welcome back

 

You're right , exactly the same procedure and it will be stayed unless a ruling comes down before that , but it'll be earning 8% (s. 69) interest whilst it's waiting ........

[saintly_1]

Instead of MCOL i would suggest submitting the claim direct to your local county court as the new POC's are more indepth than the original POC's

[cleo4patra]

With the current test case waiver there isn't a lot we can do after our claims have gone to court and been stayed (put on hold) :-|

 

BUT....

 

Once you have started your claim and your account is in dispute there isn't a lot the bank can do to recover what they see as a debt either, the only legal way is through the court system and your claim is there already.

 

So if the charges they keep adding to your account are causing you a problem open another bank account and take your finances and your money out of the reach of HSBC, let them add charges, they cant recover them and you will claim them back . you can even write to them and tell them that as they keep applying ridiculous charges to your account you can no longer afford to bank with them .

 

You will get some stupid letters demanding repayment and maybe phone calls but there is no legal basis to any of it and most of these tactics are unlawful so we can advise you what to write to get them to stop .

 

pete

Hi - thanks for the info: this is exactly the situation I find myself in. They took 25% of our total income for the months of Agust and September in charges - how can anyone cope with that. I have sent my claim and schedule of charges and had the standard letter back - however I have also written to the FOS regarding my current situation due to their charging system. I am disgusted.

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

[saintly_1]

Hi - thanks for the info: this is exactly the situation I find myself in. They took 25% of our total income for the months of Agust and September in charges - how can anyone cope with that. I have sent my claim and schedule of charges and had the standard letter back - however I have also written to the FOS regarding my current situation due to their charging system. I am disgusted.

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

Have you tried approacing them with hardship ?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html

[cleo4patra]

Yes - I am the process of filling in the income/expenditure form now but if they continue with the amount of charges on a daily basis I cannot afford to wait and will need to move my salary pronto

[westwalian]

Thanks again for the excellent advice, sent my prem, just waiting in vain for those 14 days!!!

[Castlebest]

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

 

Keep trying to resolve things with HSBC, send off all of the paperwork to substantiate your case for hardship go as far as you can with them and see what they say.

 

My own claim is currently stayed in court but after having over £500 added to it in charges in 40 days I stopped my wages from being paid into this account and have moved my day to day finances.

I didn't send a letter "sacking" them, the account is still there and HSBC still believe I owe them a debt of the balance of the account but with the stay in place there is no way I can resolve matters.

 

I would move your money away from your HSBC account so you can afford to pay your bills and if your hardship case fails you will be in the same stale mate situation that I am in.... at least I can afford to eat

 

pete

[Mr lex]

As Pete say's, I would file at court to be sure.

 

Don't use MCOL, use form N1 at your local court :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

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 claim at court now, after you have done prelim and LBA.

 

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.

 

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

 

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.

 

Hope this helps

 

Lex

[cleo4patra]

Sorry - I am a Yorkshire Bank Customer - I relied to the thread because of the subject matter - however thanks for the info. Believe me I will take this all the way. I have had that account for over 30 years and this how they treat you!

 

My main worry is that they eare eating more and more into our salaries with charges making the matter worse. So I am going to move it to another account - I realise they will chase me for the debt - but I have no choice. Are you saying I need to wait till I have lodged a court claim first - because I can't do that. I need to do it now.

I have sent prelim and had standard letter back - just completing hardship paperwork today. How long to wait before sending next letter? thanks

[freakyleaky]

You should send the next letter (LBA) 14 days after you sent the prelim.

[Castlebest]

Cleo, it doesnt matter which bank is ripping you off if we can help we will . as Freaky says stick to your claim time scale but treat your account as dead from now on the sooner you get your wages out of the banks reach the better .

 

Pete

 

ps Freaky where have you been????

[johnnymitch]

Hi freaky - lovely to see you back ,mate

 

Cleo this may help with your move to another bank .......

 

Parachute Account

http://www.consumeractiongroup.c o.uk/forum/general/13832-do-you-need-parachute.html

[pinkduchess]

yes good to see you freaky

[cleo4patra]

Hi - I have spent a long time reading templates etc and really good site - what I need to know is do I ask to close account and offer to pyOD back in instalments (I am worried about further charges) or do I do something else?

Regardless I am going to move salary in next couple of days

[freakyleaky]

Sorry for the hijack Cleo4patra.

 

Hi Pete, Johnny and PD. Me good ta. Been busy with work lately but had a call saying you lot were slacking so I had to come back to keep an eye on you.

 

Hope you are all well!!!!