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Here I go its online to court!


chrisbrown01
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I am progressing along nicely with my claim against HSBC for standard charges refund.

I have received six years worth of statements, worked out the charges, and sent them a letter and spreadsheet saying please refund without interest.

I now have an offer from HSBC to refund most of the money without interest.

I do not intend to accept their offer.

I have read the threads which say the process has several steps before court.

I have also ordered and received the 'small claims self help' kit.

What I want to know, dear reader, is which standard letter should I use for 'step 4' in the process?

This is the letter which says you have 14 days to go to pay me the money and interest, or we go to court!

Can anyone recommend a good standard letter as a next step?

 

Thanks

 

CB8-)

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Hi Chris,

 

I think you are looking for the letter before action,

here is a link to the template

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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Hi Carly,

 

Thanks for your reply. I used a version of this letter before I got their initial offer.

If I use a version of this letter this time, do I need to add interest to my claim, or put in a deadline after which time court action will progress?

 

CB:-D

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Hi Chris

 

Well the LBa is the letter you ar supposed to send to tell them that if they do not refund you within 14days ou will take it to court. The letter already contains a 14 day deadline before yo will start your court priceedings.

At this stage you can not make any claim for interest, this is not done until you file your claim.

What I am abit confused about though is that you say you have already sent thi letter. If this is the case then surely you are at the point where you make your claim. Did ou put a deadline in he LBA you sent before the offer?

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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Hi Carly,

 

Er yes, I just looked up the letter and I quote

'I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.'

Looks like I have to go to court now!

I have the N1 form and a spreadsheet showing my charges and interest. What else should I add in? Any charges for issuing the form to court?

This sounds like where it gets complicated!

CB

 

 

 

 

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Hi Chris,

 

Great then you are ready to go off to court. This is the link to filling in the N1.

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

I am afraid I can't advise too much as I did all mine online and have never filled out the N1.

The court charges depend on how much you are claiming for, they sould be included in your claim and your 8% interest. The charges range from £30-£120, based on how much you are claiming. You also have to work out the daily rate of interest, but I'm sure it says about all that in the PDF or in your claims pack.

Sorry I can't help more, but I did it on line as I say and it was very simple on there, so I'm sure it is much the same ith the N1

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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Hi Carly,

 

The online PDF of the N1 on the link you sent is the same as the paper copy I have.

 

The excel sheet has calculated the size of my claim with interest.

The pack says you can start a claim online and this is £40 costs up to £400 claim.

I just fall into that category, so I think I will go online like you did.

Is is easier that way?

 

CB8)

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Hiya,

 

Well I found it pretty easy online, so I am sure you will, just don't forget to fill out the bit about the claimant pursuing interest, as I did on my very first one!!!

Basically it is step by step and as you go through it it asks at one point if you are claiming interest, which we are, you then click on the link and it tells you exactly what to say re caliming the interest. The only other problem is you only have limited words you can put online for your claim, so you may have to wittle it down a bit to fit.

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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@chrisbrown01

 

I assume you have sent both the preliminary letter and the LBA?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Carl

 

I sent all my ltters to the following address:

 

HSBC Bank Plc

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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Chris,

 

I personally prefer the net, due to things constantly going missing in the post.

I don't think it is any harder to do it on line, I certainly didn't find it difficult and I just felt that it was easily done and I knew it had arrived. plus it will automatically calculate your court fees for you.

 

Carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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Thanks to everyone who replied to this thread. I have started registering with moneyclaim online to make my claim. I will complete the forms when I get home tonight. I assume the total amount of my claim from the bank is £charges+interest+court costs=claim total.

Is this correct? CB

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I have begun my trip down the road of reclaiming charges.

I got my small claims pack which I bought.

Got 6 years of statements.

Worked out charges.

Sent a letter to the bank. The letter I used was a standard letter from this site.

 

Alas it included a phrase which means '14 days or I go to court!'

 

The bank responded with a derisory offer.

I am ready to go to moneyclaim.gov.uk to go to court.

However should I be going to court so quickly?

I just wondered if I had scuppered my own case having said '14 days or I go to court' so soon?

 

CB:shock:

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@chrisbrown01

 

I assume you have sent both the preliminary letter and the LBA?

 

Hi Barracad,

 

Looks like I got it wrong. My first letter included the clause about 14 days or we go to court. It did not include any interest.

Should I write now with the amount after interest, and give them another 14 days to respond?

Or do you think straight to court with the amount and interest and court charges?

 

CB

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I have started my correspondence with HSBC.

First I got the 6 years statements

Then I bought the small claims pack advertised on this site.

Then I worked out the charges without interest.

I then used the standard letter on here which says 'you have 14 days before I take action'

They have now made an offer I am not happy with.

I dont know if I should send them a letter adding the interest (or court costs)

and giving them another 14 days?

Maybe I should just go to Money claim online and complete the court details?

 

Whats everyone think?

 

CB

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I sent one letter requesting statements. I worked out the amount without interest £385.

I sent the letter saying 14 days or we go to court with a summary.

The bank offered £340.

In the forums I have seen people say ignore these offers, they are there to save the bank money?

What is the next step? Write again with the amount increased with interest and even court costs? This would make the amount nearer £500.

Or should I just file a court claim?

CB

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