New Claim (£3043.25)

[Trancendent]

Hi everyone,

 

Actually sent my first note in via the messages on online banking, and got back a standard response via letter registering a complaint and saying that they couldn't provide the details only statements, which I could get from my branch.

 

This was a relatively quick response.

 

Then 2 days later a the mailman staggered up the drive with a large ream of paper containing copy statements from the last 6 years.

 

Actually these made for some quite scary reading, in one month HSBC charged me over £400 in charges. Wow!

 

So I am initiating my claim for any amount they charged me over £10, coming to £3043.25, and let's see what they come back with.

 

I'm not claiming the debit interest as I'm not sure about the calculations, but if it goes to court then I shall be adding my 8%.

 

Thanks,

Will

[hagenuk]

Why are you initiating your claim for any amount over £10?

[Trancendent]

That was a quick response !

 

Because of the OFT ruling amount being £12 .... I haven't posted the prelim letter yet, are you suggesting I should claim for all of it ?

 

That would make it £3,173.25

 

Will

[markd]

Yes, claim for all of it! The OFT's report didn't actually state that the £12 should be used as a cut off point, merely saying that anything over this figure couldn't be considered as anything other than a penalty, not a charge.

[Trancendent]

Best make it £3,173 then .....

[hagenuk]

Claim it all, it is your money unlawfully taken.

[Trancendent]

Sent the prelim letter for £3173, schedule via post today, and also posted it via internet banking's messages function.

 

Thanks for your comments people!

[weezypoos]

Good luck Will! Just think, if it goes as far as court you could be asking for 4k! My claim was for 3k and as it went to court I added interest and court fees on and have just received an offer for £3800.

 

Stick at it and get your cash back!!!

 

Louise

[Trancendent]

I shall keep on the case, like it has been pointed out above - it's my money that they have removed from my account!

 

Why shouldn't I have it back from them?

 

I have also sent away to capital one and citicard for their cc charges as well, so the overall sum might be well over £5k when you add them all together!

 

Thanks for the support !

[Trancendent]

Received another standard letter today :-

 

Apparently, they 'Do not agree with my contention that the charges that have been imposed by the bank constitute a penalty charge and are therefore unenforceable', shame that ...... they are also claiming that they could win a legal challenge (of course they would SAY that!)

 

Question is, should I wait till the 14 days expire in case I get another response, or should I just send them an LBA now ?

 

Thanks,

Will

[hagenuk]

Opinion is divided on this. As they have already stated that they will not issue a refund and that they could win a legal challenge then there would appear to be no need to wait, they are unlikely to change their position and send you a cheque.

 

However, some would argue that in the interests of being fair and reasonable it is wise to demonstrate that you have given them every opportunity and have tried to avoid litigation at all costs.

 

It's your call, although you have waited this long for the money, what's a few more days?

[weezypoos]

Its up to you Will but personally I would wait. If the case were to go to court (it wont) at least the judge could see that you had been reasonable and given the amount of time stated in your Prelim. Anyhow, you never know, they are so snowed under you may even receive an offer before the 14 days are up. There are threads around where people have received a bog off letter and an offer a day later.

 

Up to you, either way you will get your money back

 

Good luck

 

Louise

xx

[Trancendent]

Thinking that 'at all costs' would include attempting a dialogue over why their charges are unenforceable. maybe a letter in between, politely explaining why their terms and conditions are unfair, and giving them another attempt to explain their charges ?

 

Will

[weezypoos]

Great, if you want the same letter you just received! They are incapable of explaining their charges as there is no explanation for their charges. Just a greedy, thoughtless Company!

[Trancendent]

Shall wait till 14 days has expired, then shall send an LBA but that should give me time to add the debit interest on the charges to the amount.

 

Thanks for the help...

[Trancendent]

OK, have sent LBA and had another letter saying that they do not agree that their charges are illegal etc, go to the Financial Ombudsman etc, and that that is again their final word on the matter.

 

So now proceeding to the MoneyClaim....

 

That 1080 character limit is a bit of a pain, and I could do with someone checking my particulars statement.

 

I'm thinking of something like this :-

 

The Claimant has account 01181718 ('the Account') with the Defendant, over the last 6 years the Defendant debited 100 charges to the Account; a schedule of charges is supplied.

 

The Claimant contends that the charges debited to the Account exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not related to any alleged actual loss, but unduly enrich the Defendant with a view to profit.

 

The contract clause under which the Defendant has levied charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977

and common law.

 

The Claimant claims for the return of fees taken (£ 3173.25), court costs, interest under section 69 of the County Courts Act 1984 at 8%/year as per the attached schedule (£749.39) Interest at that rate up to the date of judgment or payment at a rate of 87p/day.

 

Sound OK ?

 

Thanks in advance, Will

[Trancendent]

MCOL Filed today against HSBC for

£3173.25 Charges

£120 Costs

£749.39 Interest

£4042.64 Total

[stephie]

You've probably got less than ten days before the full offer comes in:D Hang in there!!!

[Trancendent]

I intend to, then the credit card companies are next, thanks for the support

 

Willl

[Trancendent]

MCOL has been acknowledged with intention to enter a defence, but no other contact has been received.

 

So do I just wait and see now?

[Trancendent]

OK, I've recieved an offer from DG for £3547.11 with an attached confidentiality agreement (My court claim with and fees + interest is £4068.74, but only £3173.25 of charges), the question I have is how to respond to them.

 

Do I send a letter declining the offer as a full settlement, but accepting it only as a part payment ? Or do I just ignore it and wait, as there are only 10 days left for them to enter a defence ....

 

I've hacked the std letter about a bit, can someone give me some comments before I send it today.

 

I was thinking of a fax to them, something like this :-

 

Dear Madam,

Thank you for your letter dated xx/xx/xxxx.

I respectfully decline your offer of settlement and request, once again, that you settle the full amount on the previously faxed schedule (£xxxx.xx).

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, via the existing county court claim ref xxxxxxxx.

 

You now have until xx/xx/xxxx to respond satisfactorily to the court claim before I apply for a court judgement against you.

I trust this clarifies my position.

 

Yours faithfully,

[Jaynekul]

I am so glad you have had this offer. We are like mirror images. I have had similar bank charges applied and am also going after Capital 1 & Citicard. Lets hope we both have a good Xmas. This year started with a phone call from HSBC telling me I was overdrawn by £42 & I thought New Years Day was a bank holiday! Well next year will be! Keep at it Im just behind you waiting for a reponse to my Prelim letter 8 days to go before the LBA!

[Trancendent]

Or maybe even this ?

See if they are prepared to pay more for a confidentiality clause ?

Response to settlement offer on court claim

 

Dear Madam,

Thank you for your letter dated 13/10/2006 detailing your client’s ‘ex-gratia’ offer of £3547.11

Unfortunately the amount of £3547.11 is not a settlement of the full amount claimed, and therefore I am unable to allow this to account for a ‘full and final’ settlement of the claim.

I am also unable to agree to the confidentiality clause detailed in your letter.

I can only accept the sum offered as part settlement and then only on the clear understanding that I will pursue recovery of the remainder, via the existing county court claim ref 6QZ66214.

However, if you were to make me an unconditional offer for the full amount (£4068.74) it would be immediately accepted.

Should you wish to make a settlement that includes a confidentiality clause and no admission of liability, then alternatively I would consider a higher offer than £4068.74.

You now have until 28/10/2006 to respond satisfactorily before I apply for a court judgement against you.

I trust this clarifies my position.

 

Yours faithfully,

[Trancendent]

I am so glad you have had this offer. We are like mirror images. I have had similar bank charges applied and am also going after Capital 1 & Citicard. Lets hope we both have a good Xmas. This year started with a phone call from HSBC telling me I was overdrawn by £42 & I thought New Years Day was a bank holiday! Well next year will be! Keep at it Im just behind you waiting for a reponse to my Prelim letter 8 days to go before the LBA!

 

I was defaulted by both Capital One and Citicard, and I'll have those *a$%^&" for the charges that they piled on.

 

Just ignore all of the standard letters that you get and stick to your timetable.

 

You will get letters saying that they disagree with you, but I think they'll only listen when you issue court action, so make sure you stick it out.

 

I faxed my schedule to DG at 1:30 pm, and the offer was delivered via the snail mail by the next morning.

[gbzstro]

You are on the right lines - but DG will just enter a defence on day 28 (as they have done today in mycase) to prevent you from requesting judgement. so i am not sure I would use that as a threat - I would just remove the following - the reset seems fine

 

"You now have until 28/10/2006 to respond satisfactorily before I apply for a court judgement against you."