EMILY & JOHN vc HSBC £9000 **ANOTHER WON**

[biglondon12]

Afternoon all!

My partner and i have put in claims for our cash (approx £4500 each)

 

So we're making inroads here :

 

Summary so far -

10th July, Prelim's sent

24th July, LBA's sent RD

28th July letter recv'd addressed to Emily from Mr colin Langdale referring to letter dated 10th July.

 

This letter has tried to fob her off to the financial ombudsman, and "represents our final response on this matter".

I take it we are to continue following our timetable and to action court proceedings on 11th August?

 

I am waiting for a response to my letters too, similar amount - will update here soon, keen to see what action HSBC chose to take as it would appear that they take a different approach everytime. I bet they have spent hours reading these threads in efforts to our dupe their customers!!!

 

Thanks for the advice CAG, without this site we would not have the confidence to approach HSBC in the first place

[HSBCrusher]

In case Mr Langdale is reading... Hello!

 

normal letter, no worries there.

 

All the best with your claim!

 

Crusher:D

[sar011279]

Just a standard fob off letter, stick to your timetable, remember if it goes as far as filing a court claim you can also get the 8%!!!!

[biglondon12]

thanks Crusher and also Sar....

i remember all those times at the end of the month when HSBC have taken my last few quid and more!!!

We're gonna take our money back!!!

So the MCOL text, i take it we just personalise the particulars? i'm hoping for the 8% aswell.

ANother question though .....i am £3500 overdrawn , and have £3500 on my HSBC mastercard (wil also claim on this too). Are HSBC likely to withdraw my credit line, ie cancel my OD facility etc, so when i get my money back it will just get swallowed up in unauthorised OD? I guess it pays it off for me but i was really hoping for a holiday!

[zedcee]

I have seen that others have requested payment in cheque form - this might be a good idea if you are worried

 

zoe

[biglondon12]

ah good idea i'll have to mention that to them at some point, how can i request a cheque though? hmmmm....

[Antibankvillain]

Hi, this is my first post!! I'm so glad I found this forum. Could someone please have a quick read of my predicament and see what they think please.

 

I owed HSBC approx 24.5k and have gone bankrupt. this has been great for me, but my current account was joint with the missus and they are now pursuing her for the 3.2k we have overdrawn in there. They are threatening to sell this debt to metropolitan collections services (mcs) in 2 weeks if we don't pay infull. My wife is a fulltime mum and I am a mature (bankrupt) student therefore no means to pay. I wreckon atleast 1k of this is charges and interest. Can I follow the template for letters or will it all change if they sell the debt to MCS? Can I do the same route against mcs? I tried to negotiate with hsbc but unless we give them a lumpsum for atleast 75% of the outstanding amount they wouldn't even consider negotiating!

Help please as I don't want the missus to have to declare bankruptcy aswell.

 

Thanks,

David.

[zedcee]

Hi John,

 

see littlemissfoolish's thread for some info on this

 

z

[sar011279]

ah good idea i'll have to mention that to them at some point, how can i request a cheque though?

Have a look at my thread - Excess Overdraft Limit.

 

Antibankvillain - Might be better if you can start your own thread, that way we can follow your progress and offer help if you need it.

Might be getting your prelim in before they sell the debt, as far as I know (please don't quote me) they can't sell the debt whilst there is a question on the account.

Is this amount unsecured??, if so I don't think that they can make you bankrupt. Worst case senario, they sell your debt, MCS chase you for it, if you still can't afford to pay they issue a default and apply for a CCJ, the court would then ask for proof of your income and expenditure and , if applicable, tell MCS what you can afford to pay on a monthly basis. Might ruin your credit rating but... Do make sure though that you pay at least £1 per month into your account. If your really struggling I would suggest that you contact Consumer Credit Counselling service, they helped me loads and can compile your income expenditure for you.

Good luck

[biglondon12]

cheers z, i have spent hours reading these threads so thanks for pointing me in that direction.....

this place is so helpful!!!

thnx,

John.

[HSBCrusher]

Just to reiterate, and to focus on the best advice is that if you are in finantial difficulteis with massive debts- as s@r says, see the CCCS or the citizens advice, and right away!

[biglondon12]

Morning!

I've read in these forums about HSBC sending this letter as a "final response". What's the take on filing the MCOL claim early? I see others have continued with their timetable and waited for the 14 days quoted in their LBA to expire.

We're ready to go but could always wait for the sake of a week or so.....

[sar011279]

Yeah, they've had plenty of time and will probably ignore your LBA anyway. Start filing your mcol. The site is quite self explanitary and you can save it as work in progress and you back another time if it gets too much!!!!..... Yeah 8%

[biglondon12]

I can't wait to get on to my other banks, it's kind of exciting knowing that i am finally getting my own back !

So I've done most of the text and saved the half completed application ready to go! However it's a real squeeze for 1080 chars......

 

Now might sound like a stiupid question, or maybe it's just too early (!) but do I type the particulars of the claim in 3rd party context, ie "The claimant etc etc..." or as if I am writing it myself...ie, " I am claiming etc etc..."

Also, as for including a schedule of charges is this req'd with the MCOL or is that just for a paper based claim?

 

This is what I have done so far and it just about fits.....any comments from anyone would be much appreciated!!!!

 

I have a contract with the defendant dating 1998, which is conducted on their std. T’s and C’s. I am claiming the return of money taken by the defendant in

the way of charges over the last 6 yrs(£3,021.50) plus the interest they have

levied on those charges(£624.32). The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I am also claiming interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 10/07/00 - 11/08/06 of £816.51 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80.

[sar011279]

Don't think it matters too much if you claim as 'I' or 'the claimant'. You will probably get a letter from DG Solicitors asking for a breakdown of charges (stalling tactic), so I'd just keep hold of them for the moment.

The text sounds fine, pretty much waht I put on mine. Good luck!!!!!

[biglondon12]

Thanks, it took me ages to fit it in to 24 lines though!

 

SO in the box where it asks for Amount Claimed (and you hit calculate to work out court costs) do we put in the total amount (charges + interest) but also including 8% interest, or just total amount without the 8% interest? I am assuming we put in the figure WITH interest as this is the total amount being claimed, however with 8% it takes the figure above £5000 and court costs up to £250. Obviously we will get these back, but £250 is a lot to shell out....would rather fork out £120, but don't want to put the wrong figure in for obvious reasons...

[barracad]

You need to put the total amount you are claiming - including interest but excluding court fees.

[biglondon12]

Thanks Barracad, so be it. However £250 is a small investment given the return.

[goforit]

Afternoon all!

My partner and i have put in claims for our cash (approx £4500 each)

 

So we're making inroads here :

 

Summary so far -

10th July, Prelim's sent

24th July, LBA's sent RD

28th July letter recv'd addressed to Emily from Mr colin Langdale referring to letter dated 10th July.

 

This letter has tried to fob her off to the financial ombudsman, and "represents our final response on this matter".

I take it we are to continue following our timetable and to action court proceedings on 11th August?

 

I am waiting for a response to my letters too, similar amount - will update here soon, keen to see what action HSBC chose to take as it would appear that they take a different approach everytime. I bet they have spent hours reading these threads in efforts to our dupe their customers!!!

 

Thanks for the advice CAG, without this site we would not have the confidence to approach HSBC in the first place

 

If thats there final response just go straight to court now.

[biglondon12]

we're tempted....but is there any advantage / disadvantage to keeping the claim under £5000?

[HSBCrusher]

...

[barracad]

Advantages of keeping under £5,000:

• Fixed costs whether you win or lose (only pay court fees)

Disadvantages:

• By severing your claim, you are purposely trying to avoid moving off the small claims track - any subsequent claim could potentially be struck out for abusing the process and you could wave goodbye to the rest of your money.
  
• Banks won't be forced into standard disclosure where they have to show their true costs.

My advice would be to keep it all as one claim - it will cost you more to submit the claim, but you get this back anyway.

 

On the fast track if you lose you may have to pay costs, but these are fixed.

 

However, with the fast track you can force the banks to prove their costs, which they aren't going to do - so they will settle out of court in exactly the same way as if it were small claims.

 

Fast track is less risky than small claims in my opinion.

[HSBCrusher]

Go with Barracad on this one, I hadn't read your thread properly (sorry)

[biglondon12]

thanks...that certainly clears things up. My MCOL is ready to go at any time from now until 7th August, my £250 is at the ready as soon as my salary goes in ! Will keep you posted . .

[sar011279]

Good luck!!!!!!!