New Claim with HSBC

[philipbolton]

Good Morning Ladies/Gentleman,

 

I know there is a lot of posts titled "New Claim" and "Help" etc but I just need to clarify a few things. I am aware of the process that I need to;

 

#1 - Send the prelim letter

#2 - Then the reminder

#3 - Then the LBA if still not done.

 

Now this is where I get confused. If the bank pay out, then YaY! . But if the claim is stayed at court or does go to court, how long can it take for it to be decided upon? I am aware obviously of the 8% interest, but how long does it take roughly?

 

Hope this is all correct? I am going to do the preliminary letter tonight, and get it sent off, so just wanting clarification really that I am taking all the right steps, obviously I will keep you updated on here! We need to beat the HSBC down, god knows they do it to everyone i know!

 

All help appreciated!

[johnnymitch]

Hi Philip , welcome to the forum ..

 

You are almost right , except the second letter IS the LBA , sent after the Prelim .(no reminder required.)

 

They will waffle and try to put you on hold , but you need to ignore that and carry on with your claim to the 'stayed in court' stage , where it starts to earn 8% Statutory Interest ......

 

As to when the Test Case will eventually be resolved ... that is in the hands of the House of Lords at the moment , or more accurately , the New Supreme Court .... but at least it's there and you're in the system when the payouts start ... but it's anybody's guess when that will be .....

 

By all means come back if you need more info , someone will answer , and we're user -friendly on here ...

[johnnymitch]

Incidentally , this post courtesy of Mr Lex is a good guide to why you should get your claim to court :

 

Why you should start claim (courtesy of Mr Lex

 

Remember, you need to get your claim to court

 

When you start to send off your letters, 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 to claim at court now :

 

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

 

you are supposed to be protected by the 'waiver', we now know you are not

 

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

 

Once the courts are involved, you get the 8% interest

 

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

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646

[philipbolton]

Thanks for the information. I will be sorting the prelim letter tonight. I will post all replies so i can keep track of where i'm up to. Also if I need any more help

 

So its 40 days to respond to the prelim letter isnt it?

[johnnymitch]

40 Days is for the SAR under the Data Protection Act philip.

 

If you go to this link (templates ) - it gives you them in more or less chronological order ..

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates.html

 

I think 14 days for prelim ..... 14 days for LBA (sorry ..senior moment ! LOL)

Edited September 14, 2009 by johnnymitch
helps if the link is added .....Doh!

[philipbolton]

I already have a full list of charges i wish to claim back amounting to 1100 approx. So I send the prelim letter, how long do they have to reply to that again? Then when they reply and try to fob me off, I send the LBA letter and response time? Then take to court, which is another thing I'm a bit foggy on. But i'm trying to read as we speak! Confusing me a bit, but I obviously can ask questions

[philipbolton]

Also on the prelim do I just state the charges and not the 8% Interest?

 

Do I only add the 8% interest upon taking it to court?

[freakyleaky]

14 days for the prelim then 14 for the LBA then start your court claim.

Yes only add the 8% at court stage.

[philipbolton]

I've lost the letter templates nowwwwwwww ARGHHHHHHHHH.

 

My head is in a tizz today. Long day

[freakyleaky]

Here you go.

 

The Consumer Forums - Bank charges templates (consumer)

[philipbolton]

Cheers!