Money Claim

[Essayeffsee]

I have not heard anything from HSBC regarding the initial letter and the LBA I have sent off and today is the day to proceed with Moneyclaim.

 

Does anyone have any advice please on what to do and how to do it?

 

Any people who have gone down this route please pass on your experience. Im beginning to doubt my ability to get money back!

 

Thanks

 

(I know I should keep this in the same thread but think MoneyClaim is worthy of starting a new thread - sorry)

[angela1606]

from what i can tell it is a simple process right this is what i have so far for you

[biglondon12]

First of all, stay positive! There is absolutely no reason why your claim will be any different to anybody else, ie. your bank has unlawfully been taking charges from you and it is down to you to get them back! The MCOL process is actually very simple, just check out the library for notes on how to fill out your claim, and keep reading the threads to see how easy it really is.

Good luck!

[angela1606]

step 1 register for moneyclaim

 

step 2 claim description you can put what you like here ive put account number

 

step 3 claimant details which is you so your name and address etc

 

step 4 defendants details so hsbc name and address which i believe is

8 canada square, london, E14 5HQ if you click lookup next to postcode will find exact address

[angela1606]

step 5 particulars of claim is this i believe

 

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).

human right not too sure if yes or no yet

right to claim interest absoloutly

type in amount of claim which is amount owed + 8% interest

press the calculate next to court fees and it will calculate it for you and give you a total amount of claim

that is as far a i have got with this at mo

[Essayeffsee]

First of all, stay positive! There is absolutely no reason why your claim will be any different to anybody else, ie. your bank has unlawfully been taking charges from you and it is down to you to get them back! The MCOL process is actually very simple, just check out the library for notes on how to fill out your claim, and keep reading the threads to see how easy it really is.

Good luck!

 

Thanks John.

 

Im not a particularly lucky person and it wold be just my luck to be the person who doesnt get this!

[Essayeffsee]

Thanks for help - Im just registering on Moneyclaim now.

[Essayeffsee]

step 5 particulars of claim is this i believe

 

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).

 

human right not too sure if yes or no yet

 

right to claim interest absoloutly

 

type in amount of claim which is amount owed + 8% interest

press the calculate next to court fees and it will calculate it for you and give you a total amount of claim

 

that is as far a i have got with this at mo

 

Do I work out 8% of the total claim or 8% per claim made made and then add it on?

[Essayeffsee]

Ive sussed it finally!!!

 

Moneyclaim submitted today. Fingers crossed.

 

Now £120 lighter! HSBC owe me a fortune!!!

[biglondon12]

you'll be fine sunshine, just wait for the post to rock up

[hughesh]

This thread is really useful - I'm just putting together my MCOL. But I'm still a bit confused - the last bit of text about interest rates, what is the daily rate of interest I need to put down?

Thanks in advance - this bit of the proces feels very intimidating - not the submitting the MCOL, just the part about being confident about what I'm putting my name to!

[hughesh]

Also - I assume there is no Human Rights Act issue and I need to click 'No'??

[Essayeffsee]

I clicked no.

 

I didnt charge daily rate - AMended this bit. Just put the 8% interest bit in.

 

I did it this morning - hopefully it will be here shortly as the sooner it comes the sooner I can go on holiday!!

[angela1606]

the daily rate i believe is your claim x 0.00022

[hughesh]

Hi again

Although replies above have given me a calculation to divide my claim by 0.00022 to get a sum of money, on the moneyclaim website the pop up box that comes up when you click on the 'Yes I'll claim interest' button states "...and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}."

 

In which case, what is the actual daily rate of interest? It seems like I have to state a % interest rate rather than a £ amount? Do I just divide 8% by 365 days? (it's a long time since I did my maths o'level!). If so, that would make it 0.02%? Or am I being a bit dim?

 

Cheers

[barracad]

The daily rate of interest is your claim amount (excluding interest and court fees) multiplied by 0.00022

[angela1606]

if you do this (your amount of claim x 0.00022) it will give you an amount. you claim your amount + 8% plus the daily rate of interest ie my claim is

amount owed 4,388.00 + 8% interest is 780.73 = 5168.73 now 4,388.00 x0.00022 = 97p per day so from the day i file my claim if it takes them 14 days to pay me they will have to add another 13.58 to my total sorry if it doesnt make sense hehe

[hughesh]

Okay, think I'm clear now - thanks, experts!

 

This bit (the moneyclaim bit) is the one that I've found it hardest to locate clear guidance for on the site - so hope the above helps answer Qs from others, too.

 

My partner had a speedy offer for around 95% of his claim, we've heard nothing back about my a/c or joint a/c (all 3 a/cs HSBC) so I'm about to submit a joint moneyclaim for these. Here goes...

[angela1606]

good luck keep us posted

[Essayeffsee]

Thanks Mods for not merging my two threads.