Need help please

[Puggie]

Hi I put in a claim for my bank charges quite some time ago now and was quickly recieved a reply stating that due to the ongoing court case that it would have to be put on holdwhich i had no problem with.

 

I then recieved a county court claim letter stating that it would be going after me in the county courts for the the sum of money which it says i owe them i snet back all the documents as required filling out as my defence that the amount was subject of a claim for bank charges and that i did not understand why this was being bought before the court as the case was still ongoing.

 

got a letter bacjk from the court stating that my defence was correct and that it would be put on hold till the casse with the oft was finished.

 

his morning i have recieved a letter from the solicitors of the banks debt collection agency with regards to the claim it reads as follows:

 

we refer to the matter ,in particlular to your defence which you have filed in relation to charges being applied to your account.

 

Please find enclosed a Statement of Account as provided by our clients predecessor HSBC Bank Limited.

 

In an effort to bring this matter to a satisfactory conclusion, we can confirm that our client is prepared to accept repayment of the outstanding debt by way of a consent order.

 

We can confirm that a Consent Order is an agreement without a county court judgment being made between the Claimant and yourself , therefore , there will be no public information registered against you upon the county court register in respect of this claim

 

here fore we request that you contact the above office to discuss repayment of the outsatnding balance.

 

We trust that this now clarifies this matter.

 

Yours sincerely

 

un signed

 

Howard Cohen and Co

 

 

 

HELP what the hell am i supposed to do with this

 

i thought the banks had lost

[reallymadwoman]

Why do they think you would voluntarily agree to pay something that is clearly in dispute?

How much are they claiming, and how much did you claim in charges?

[BankFodder]

This is very abusive and unfair. They have placed your claim on hold and then go and start their own claim against you.

 

As RMW has asked, what are the level of charges and how much are they claiming from you.

Can you post their POC for us to see

[Puggie]

We claimed over 1700 pounds and and their cliamimg 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

why thay would think im going to pay voluntarily is beyond me.

 

POC whats that?

Edited November 11, 2009 by Puggie
added question

[Puggie]

Bank fodder sorry im no good with accronyms what is a POC?

[reallymadwoman]

Particulars of claim - be careful not to include anything that might identify you e.g. exact amounts, account numbers etc

[PGH7447]

o god its howard cohen again, so it must be cl finance

 

Report these fools to the oft and trading standards and report cohen to the solictiors ombudsman

[PGH7447]

also send the dca if it is clueless a cca request for loan agreement, and if I am not mistaken a loan and an overdraft cannot be lumped together in one claim

[BankFodder]

We claimed over 1700 pounds and and their cliamimg 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

why thay would think im going to pay voluntarily is beyond me.

 

POC whats that?

OK. If you handle this correctly, it might not be too bad.

 

Firstly, you've been registered on this forum and you don't know what POC stands for. You need to start doing some seriosu reading of this forum so that you know your way around and you understand the procedures you will be employing.

 

Have you put in an SAR? If so when? When did you come up wih the figure of £1700 for charges? Are you sure that it si fully calulated. Have you taken in to account all of the interest they have charged you on this? Have you included overdraft interest on this?

 

We need to see a scanned copy of your POC and your defence. take out identifiers but leave in dates and ammounts

[Puggie]

as i stated i im no good with acronyms if you had said particulars of claim i would have known

right i followed all the advise as to how to claim bank charges back from this forum.

I dint need a copy of my bank statements as HSBC are kind enough to make them available online whilst you have an open account.

 

I used the complex bank charges Calc and i will try and include a copy here

[Puggie]

[Puggie]

I will add that there are more charges to be added to that as since the claim went in they did add more charges to the account

[BankFodder]

Are you in a position now to calculate all of the extra charges?

 

Have you read through at least the first post of this?

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

[noomill060]

Is the oldest charge they told you about the one from 2005?

 

If you have had your account for longer than that, I am sure there will be have been more charges applied before 2005 and you can reclaim these as well. This is why a SAR would have been useful.

[Puggie]

the reason the oldest charge is only 2005 is because that is when they first made a charge against the account i didnt go back any further because before then we had had no other charges levied against us

[noomill060]

Your interest calculations are wrong to the point of being generous.

 

eg: On your last charge dated 13/7/07, interest accrued @ 16.92% is £73.25 to today's date.

 

Compound interest calculator

[noomill060]

the reason the oldest charge is only 2005 is because that is when they first made a charge against the account i didnt go back any further because before then we had had no other charges levied against us

 

OK, just wanted to make sure you werent being fobbed off with an incomplete list of charges.

[Puggie]

Your interest calculations are wrong to the point of being generous.

 

eg: On your last charge dated 13/7/07, interest accrued @ 16.92% is £73.25 to today's date.

 

Compound interest calculator

 

 

sorry i dont follow you the figures on that sheet all come from the date it was sent which was july 2007.

[Puggie]

Are you in a position now to calculate all of the extra charges?

 

Have you read through at least the first post of this?

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

 

yeah i am in a position to calculate all of the extra charges as they sent me copies of my bank statements right up to the date that they closed the account and passed it to CL finance Ltd.

and yes i have read the post.

[BankFodder]

I expect that noomill060 knows that he/she is doing. I don't understand the calculations but I do understand the principles very well.

 

I have realised that most people don't understand how much they have lost to the bank.

 

You need to take a hard look at this - but not for too long

[BankFodder]

Calculate everything. Make sure that you are claiming back any interest on your overdraft too.

 

Let us kow what the figure is.

 

Set about amending your pleadings.

 

Make a complaint to TS that HC are abusing the court process and the terms of the stay. send the same complaint to the OFT.

 

Write to HC and tell them that they are abusing the court process by having a stay and then continuing to chase and threaten litigation on the same issue. tell them that you have complained about them to the TS and to the OFT.

 

Let us konw what the nes figure is. Don't forget that you are also adding 8% right up to now and continuing. With the addiitonal charges, it wouldn't suprie me if you were quits.

 

Warn them that if they try to issue a claim againt you then you will point out their abuse of process to the judge.

[Castlebest]

We claimed over 1700 pounds and and their claiming 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

and if I am not mistaken a loan and an overdraft cannot be lumped together in one claim

 

You can put anything you want to into a claim but the POC for a current account overdraft and a loan account would be huge and I doubt very much if Howie C. has gone to that much trouble.

 

I assume the charges you are reclaiming have been levied on the current account and the loan is just a lead weight that they have added into the equation for good measure.

 

Have you checked the credit agreement for the loan, is is enforceable?

 

Did you submit your charges claim in detail as a counter claim in your defense? (by the way well done for getting that far!!! )

 

sorry lots of questions but the more information we have the better answers we can give .

 

pete

[BankFodder]

Best to lump the loan and the overdraft together if they have taken charges on both.

 

Here is a lnk to another thread in which HSBC are getting beyond themselves

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/231839-iiyama-hsbc.html