HSBC - Reclaim Hardship & Extra Charges + credit card court problem

[adason]

Hello all,

i had a court date in 07 which was stayed, my partner has now been put on a 3 day week pending imminent redundancy so i was hoping to lift the stay using the template here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html

 

my question is in the time the case has been stayed i have racked up alot more bank charges beacuse i have been overdrawn and changed bank accounts.

 

when i send the letter about the hardships to them can i also send a copy and a fee to the courts requesting they change the claim amount? and if so is there a template for that?

 

also i have a HSBC card i have a debt managemen set up with payplan but they have refused since august all repayments made to them.

 

they have now reffered me to their solisitor is there anything i can do about this going any further?

 

Thanks so much

[johnnymitch]

Hi adason,

 

Hello all,

i had a court date in 07 which was stayed, my partner has now been put on a 3 day week pending imminent redundancy so i was hoping to lift the stay using the template here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html

 

It is very difficult to get HSBC to recognise 'Hardship' - they are applying a much more stringent criteria than most ...... . In the words of pete castlebest .. 'if you're not living in a cardboard box .... forget it ! ' That doesn't mean you shouldn't give it a try .... just be prepared for refusal ...

 

my question is in the time the case has been stayed i have racked up alot more bank charges beacuse i have been overdrawn and changed bank accounts.

 

when i send the letter about the hardships to them can i also send a copy and a fee to the courts requesting they change the claim amount? and if so is there a template for that?

The court's will not take sides on Hardship issues .... and the best idea would be to start another claim for the new charges.... because the court will charge you for amending the original and you can't claim that back. However , if you start a new claim you can include the court fees as you did with the old one !

 

also i have a HSBC card i have a debt managemen set up with payplan but they have refused since august all repayments made to them.

 

they have now reffered me to their solisitor is there anything i can do about this going any further?

 

Thanks so much

 

It's beyond me why they are refusing your repayments ....maybe you should write and ask them , so you've got something in writing if it comes to court to prove that you have attempted repayment .

Their solicitor ,who I assume is DG , their in-house solicitor, who doesn't work for anyone else , may huff and puff about repayment and taking you to court ....... that's what you want really .. because they'll come up against your 'stayed' counterclaim(s) and they won't go there !

Come back and ask if you need further advice adason , someone will answer - and we're a friendly lot on here :grin:

Edited January 31, 2009 by johnnymitch

[Guest dvdriley]

I have the same problem with BOS. I have paid £40.00 to have the stay lifted on the basis of the FSA ruling which says cases can be stayed prioviding it is not of detriment to the claimant. Well adding ever increasing charges in my opinion is detriment to me. I'll keep you posted

[johnnymitch]

That's a good argument dvdriley..... if it works it could open up the floodgates ......... please keep us posted on the result .... even if it is BOS .....

[Castlebest]

Just a small point but the test case has nothing to do with credit cards and nor does the wavier. These claims should not be stayed.

 

pete

[johnnymitch]

Just a small point but the test case has nothing to do with credit cards and nor does the wavier. These claims should not be stayed.

 

pete

 

Is it not the 'Extra Charges ' bit that has been stayed pete ......since '07...?

 

Oops !

Forget that I see what you mean ....

 

I was wondering why they are refusing repayments on the CC account :-?. don't they want their money back .....

[adason]

Thank you for all the replies, i will apply for hardship and see if i get anywhere.

 

i will also start the ball rolling for reclaiming the additional amount, do i take that right up to the online court? its over 5,000 they owe me in total

 

Just one more question can i claim back the interest charges on the overdraft for being overdrawn due to their charges?

 

yes the credit card is independant of all the bank account charges, but i didn't want to create 2 posts, payplan have been paying them the largest amount of all my creditors and they still refuse it!

 

i will write back to D&G should i mention the stayed bank account case or will it have no bearing on it?

 

thanks again

[adason]

i just have one more question, i have been looking through all my old charge claim details and the claim i submitted was in March 07 (shocked myself how long ago that was!!) the total was £3,708 but i opened the spreadsheet and the interest date calculation was on working it out to today and the claim value is now £4087

 

my question is really, we won't be able to claim that extra beacuse of the stay will we? its just so unfair its gone on so long now.

[johnnymitch]

i just have one more question, i have been looking through all my old charge claim details and the claim i submitted was in March 07 (shocked myself how long ago that was!!) the total was £3,708 but i opened the spreadsheet and the interest date calculation was on working it out to today and the claim value is now £4087

 

my question is really, we won't be able to claim that extra beacuse of the stay will we? its just so unfair its gone on so long now.

 

Yes , you will be able to claim up until the judgement date (whenever that is )adason .......... everybody who's claim is lodged in court is entitled to claim the 8% S.69 interest ...... as long as the claim remains unsettled the interest keeps building ... . The spreadsheet keeps ticking it up every day ....... lovely , eh? .

 

Just to put your mind at rest adason ..... I found this ...

 

 

The only time you will come across simple interest is in claiming interest under section 69 of the County Courts Act 1984. This allows the Claimant to claim simple interest on the claim at 8% per annum (0.022%/day) from the date of each charge to the date of judgement or earlier settlement.

Edited February 1, 2009 by johnnymitch
Extra info

[adason]

Hi All,

today i have receieved a Northampton County court letter for the HSBC credit card.

 

As i have mentioned before i have entered into a debt management plan and have been making payments to thm for the last 6 months which they have refused so do i acknowledge this service and enter a deffence?

 

what should i send to them?

 

help! i didn't think they would actually issue the court proceedings as i have a claim on them and am offering to pay!

 

Thanks Lizz

[johnnymitch]

Hi lizz,

 

Sorry about that , my connection went off ...... lol!

 

I was about to say , I can't believe they're going down that road if there's a claim against them waiting at the end of it. They either haven't checked or they're just stupid. I can't see the court agreeing to deal with their claim ,while yours is 'stayed' ..........

 

I take it your stayed claim is at the same County Court - Northampton , Lizz ?

 

Did you get an explanation of why they are refusing your payments from payplan ? If not, they will have to explain that in court ...... unless you write to them :

 

Something like :

" I note that you have instituted court proceedings for the Credit Card Account , for which you have been refusing my efforts to make payment, without giving me an explanation for this .

 

I have to tell you that, should this case come to court, I will require you to explain this conduct to the Court. I will also be seeking to counter-claim with my claim against you , which has been stayed awaiting High Court judgement ...... and now stands at over £4000 ......"

 

I should think pete (castlebest ) might have some suggestions on this too ,Lizz , he's very good at going straight for the jugular....... so keep an eye out .........

 

 

Meanwhile , start gathering evidential paperwork Lizz, so that you're ready if the case does go ahead - you have some breathing space to head them off at the pass I think ...

 

But basically , I think you need :

 

1. a list of your creditors , so that it can be seen that HSBC are being paid the most

 

2. A letter from payplan confirming that X number of payments have been offered and refused , without reason .....

 

3. A copy of the letter you sent HSBC asking for an explanation of their refusal (which has not been satisfactorily explained) -and their reply , if any,

 

4. and , of course evidence of receipt of the letters which you sent (hopefully 'Recorded Delivery).

 

Come back if you need more advice on putting a 'bundle' together - there are many people on here who have done it -

Edited February 22, 2009 by johnnymitch

[adason]

thank you very much only thing i don't have is number 4 as i didn' send recorded, stupidly i'll try and jumple a responce and post it on here before sending.

[Castlebest]

Hiya Lizz all you have to do for the time being is acknowledge the court papers and confirm you will be entering a defence against HSBC's claim, there should be a section of the form you have received to do this and send back. At this stage you don't have to say how or why your defending just that you will be

 

We then have a month from the deemed served date to put together your defence and get it into the court .

 

So to get things straight in my head....

• You have claimed back the charges from your current account up to the date you sent your claim to court.
  
• You have had further charges applied to your current account since this date.
  
• You have not claimed back any charges that have been applied to your credit card.
  

Have card services actually refused your payments or have they taken them but moaned? and what are the rough ball park figures we are talking about for...

• The value of your claim in court?
  
• The value of the additional charges to your current account?
  
• The value of any charges on your credit card?
  
• The current balance of your credit card (HSBC's claim value)?
  

So send back the acknowledgment to the court confirming you will be defending and let us know the answers to the above and we should be able to sort out a full defence submission with you .

 

pete

[johnnymitch]

There you go Lizz, I told you pete would be along........

 

That's it in a nutshell ..... thanks pete

[adason]

I am so sorry Pete/Jonny I have had flu flu and have been out of it, feeling much better now and conscious I need to get this sorted out, thank you so much for your help.

In answers to your questions

· You have claimed back the charges from your current account up to the date you sent your claim to court.

· You have had further charges applied to your current account since this date.

· You have not claimed back any charges that have been applied to your credit card.

yes all of the above is true.

The value of your claim in court?

Is currently (with interest) £4107.44

The value of the additional charges to your current account?

I'm afraid I am still waiting for some missing statements from them, but I am more then sure its is around a further £3000+

The value of any charges on your credit card?

Because of the stay on my current case I had given up hope on claiming until the banks and OFT get sorted.

As all the bills I had were online, they have stopped my access before xmas so I am awaiting for statements but I think only possibly £500 or so as I only stopped paying August last year and they don't hammer the charges like the bank account.

The current balance of your credit card (HSBC's claim value)?

£6369 plus 190 court fees and 100 solicitors’ fees

Have card services actually refused your payments or have they taken them but moaned? and what are the rough ball park figures we are talking about for...

yes they have refused to deal with payplan, payplan have called and written to them as have I but they wouldn’t budge they just kept asking the same question, why can't you afford to pay it now when you never missed one payment before, I explained my debts had escalated and my partner was being made redundant but they were very none sympathetic

I have today now received a letter threatening court action for the bank account which has gone from being £3000 OD with an authorised overdraft last august to £5580 today with various charges

i have sent them a reply registered post they too refuse to accept payplans payments.

thank you again

Lizz

[adason]

Hi All i put in a deffence for my claim but i have today received a letter stating that i did not reply i am of course going to reply with all my proof of postage but help what do i do now? :*( my partener has been laid off his tempory work today so its a double whammy

[Castlebest]

Hiya Lizz here we go

 

I am so sorry Pete/Johnny I have had flu flu and have been out of it, feeling much better now and conscious I need to get this sorted out, thank you so much for your help.

 

no need to apologise to Johnny and me we are happy to help whenever you need a question or two answering.

 

The value of any charges on your credit card?

 

Because of the stay on my current case I had given up hope on claiming until the banks and OFT get sorted.

 

The test case and the FSA waiver have nothing to do with credit card claims these should be submitted to the court and a court date set to force the bank to deal with you because it shouldn't get stayed.

 

As all the bills I had were online, they have stopped my access before Xmas so I am awaiting for statements but I think only possibly £500 or so as I only stopped paying August last year and they don't hammer the charges like the bank account.

 

£6369 plus 190 court fees and 100 solicitors’ fees.

 

You need to get the value of your credit card charges sorted out ASAP to use as a defence against HSBC's claim to you although, because its the same company, I think at a push you could probably use the current account charges as a defence.

But it would be best if you knew exactly how much they have taken from you on all of your accounts.

 

yes they have refused to deal with pay plan, pay plan have called and written to them as have I but they wouldn’t budge they just kept asking the same question, why can't you afford to pay it now when you never missed one payment before, I explained my debts had escalated and my partner was being made redundant but they were very none

 

I have today now received a letter threatening court action for the bank account which has gone from being £3000 OD with an authorised overdraft last august to £5580 today with various charges

 

i have sent them a reply registered post they too refuse to accept pay plans payments.

 

thank you again

 

Lizz

 

If they do anything with your current account they will run smack bang into your own claim for more money than they say you owe them they are just trying to force some money out of you by bullying and threatening you. Write back and quote your county court claim number to them .

 

 

Hi All i put in a defence for my claim but i have today received a letter stating that i did not reply i am of course going to reply with all my proof of postage but help what do i do now? :*( my partner has been laid off his temporary work today so its a double whammy

 

Who did you receive a letter from, the county court or DG solicitors ?

 

pete

[headoutthesand]

With regards to the credit card claim against you, what defence/admission have you entered ? I assume you have defended the charges, admission on the balance and stated you have been making payment offers through payplan and offered an installment of the same amount backed up with the income / expenditure form.

 

Yes get a copy and proof of the original postage in to the court asap.

 

----------------------------------------------------------------------

On the bank charges -have you now entered a claim for hardship directly with HSBC for all the charges (all those stayed in court and all those incurred since entering the claim - ie everything they have charged you since 27 July 01 ) If not, you need to do so.

 

Forget the stayed claim in court for now, you can update the totals if necessary later. I wouldnt put a second claim in for the additional charges, if you need to later on then amend the original claim to include them - your fee will most likely be covered with an EX160 exemption.

[adason]

 

Who did you receive a letter from, the county court or DG solicitors ?

 

pete

 

i sent it to the county court and kept a copy for myself i have just returned to work and tried tracking my recorded delivery the number kept coming up not found so i called them and they have no record of delivery - omg does this mean the CCJ stands?

 

i have my signed proof of postage just not proof of delivery?

 

i feel So so stupid for not checking sooner I guess with everything going on I have had my head in the sand L

 

Thanks Lizz

[adason]

With regards to the credit card claim against you, what defence/admission have you entered ? I assume you have defended the charges, admission on the balance and stated you have been making payment offers through payplan and offered an installment of the same amount backed up with the income / expenditure form. .

 

yes to all of the above

 

Yes get a copy and proof of the original postage in to the court asap.

 

should i still do this? it hasn't been delivered

 

On the bank charges -have you now entered a claim for hardship directly with HSBC for all the charges (all those stayed in court and all those incurred since entering the claim - ie everything they have charged you since 27 July 01 ) If not, you need to do so.

 

i have, have had no reply yet and i did it in Feb

 

Thanks Lizz

[Castlebest]

should i still do this? it hasn't been delivered

 

Yes you must get the CCJ set aside you have proof of posting, its not your fault the royal mail cant provide proof of delivery. I have been told that when a large batch of recorded delivery letters arrive together they don't bother getting a signature for all of them, and if it is in a large batch it stands a chance it didn't get put with your file in time but none of this is your fault.

 

Send another copy of your defence with your letter too just in case they still cant find it

 

pete

Edited April 6, 2009 by Castlebest

[adason]

Do i have to buy the book to get help on a set aside or is there another link which explains?

 

thanks again i had a sleepless night last night

[johnnymitch]

Hi adason , sorry to hear you're not sleeping well - because of this hassle I take it ?

 

Hope these links might help set your mind at rest ....

 

How to set aside a judgement in the County Court (CCJ)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

http://www.consumeractiongroup.co.uk/forum/show-post/post-2069060.html

Come back if you're in any doubt - someone will answer ......

[adason]

this is excellent advice thank you so much i wish i had spent the £4.50 sending special delivery its alot cheaper then £75 boohoo

 

thanks again everyone, once i send this off will the courts write back to be and if i get a hearing date will you all help me with a deffence?

 

Lizz

[johnnymitch]

You're welcome , lizz

 

If you go to the link I gave you on the National Debtline site - down the left hand side there is a progression of actions -have a look at them , especially the 'what happens next' section .....

 

And of course there will be someone who can help you to prepare a defence..... again you only have to ask .....