me v hsbc - dropped a clanger i think

[maejic]

NEED HELP PLEASE

 

So everthing upto the mcol was going fine, but i think(know) i have filled in my claim form incorrectly dohhh. i didnt even put my account number on the form....idiot my claim was issued on the 12th august, 14 days ago but still no corrospondence or acknowledgement from HSBC. i am now more than a little fretful, are they not taking me seriously because i didnt fill in my form correctly?????

 

ok so here is what i put on my form.......

 

I have a contract with the defendant bank dated 1994 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from May 2000 to August 2006 of £2572.29 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

 

 

I even screwed up the amount to be claimed, with a final claim figure of 2572.29 + 120 fees = 2692.29 claim.

 

i such an idiot, i really dont know what i was thinking.

 

ok panic over, what can i do to rectify this mess? help is needed

[weezypoos]

Okay, firstly DONT PANIC!

 

I dont think there is any need to put your account number on the claim. I didnt. HSBC are able to trace your details through your name and address I would think. This is not a problem!

 

I am assuming that the cock up with the total amount is because you forgot to add the 8% interest. can you confirm this?

 

Ok, so 14 days have passed since you issued mcol. Have you checked your claim on the mcol site? Do you know what stage your claim is at? Does it say acknowledged, or issued? I think that if 14 days pass and HSBC have failed to acknowledge the claim then you can win by default. Have a look at Wardyboy2's thread as he reached this stage. He also never heard a thing and he has just won by default.

 

You have to decide if you are wanting to chase the interest amount. If you are happy to settle for the £2692.29 and HSBC have not acknowledgedyour claim I would go onto the mcol site and claim your settlement by default. If they have acknowledged your claim then that seems to buy them another 14 days to enter a defence so you would wait.

 

CAN SOMEONE PLEASE GIVE ANY IDEA'S WHAT TO DO TO CLAIM THE INTEREST BACK as I would not like to say. It may be too late or you may have to issue another claim if possible at all.

 

Hope this helps a little but please ask if you need further help.

 

Fingers crossed for you

 

Louise

[gizmo111]

NEED HELP PLEASE

 

So everthing upto the mcol was going fine, but i think(know) i have filled in my claim form incorrectly dohhh. i didnt even put my account number on the form....idiot my claim was issued on the 12th august, 14 days ago but still no corrospondence or acknowledgement from HSBC. i am now more than a little fretful, are they not taking me seriously because i didnt fill in my form correctly?????

 

ok so here is what i put on my form.......

 

I have a contract with the defendant bank dated 1994 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from May 2000 to August 2006 of £2572.29 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

 

 

I even screwed up the amount to be claimed, with a final claim figure of 2572.29 + 120 fees = 2692.29 claim.

 

i such an idiot, i really dont know what i was thinking.

 

ok panic over, what can i do to rectify this mess? help is needed

 

So what should your claim amount be?

[maejic]

hello again,

 

Thanks louise for the quote from hitchhikers guide "DONT PANIC", it really calmed my nerves.

 

Anyhow, well the status of my claim is still at "issued" and the notice was served to them on the 12th august, so yesterday was the 14th day. Although when i tried to claim by default today it showed me a message saying the bank still had 14 days to respond, maybe its because it sunday or something?

 

The next question is can i claim back the interest which i missed off my original claim?

 

i work that out to be about £790 on top of the £2572. £3372 which is a tidy little sum.I trawl through the forums to see if i can find anything of any relevence to me.

[gizmo111]

hello again,

 

Thanks louise for the quote from hitchhikers guide "DONT PANIC", it really calmed my nerves.

 

Anyhow, well the status of my claim is still at "issued" and the notice was served to them on the 12th august, so yesterday was the 14th day. Although when i tried to claim by default today it showed me a message saying the bank still had 14 days to respond, maybe its because it sunday or something?

 

The next question is can i claim back the interest which i missed off my original claim?

 

i work that out to be about £790 on top of the £2572. £3372 which is a tidy little sum.I trawl through the forums to see if i can find anything of any relevence to me.

 

AFAIK you can ask court to amend your particulars for £35 fee

[maejic]

excellent ! thanks gizmo.

 

so i will contact the courts on tuesday by phone and take it from there, might have to wait another two weeks but it will be worth it!!!

[gizmo111]

excellent ! thanks gizmo.

 

so i will contact the courts on tuesday by phone and take it from there, might have to wait another two weeks but it will be worth it!!!

 

Good Luck