Ishmo186 vs HSBC

[Kazzy77]

when u fill out mcol form, it will ask you for the amount. I'd put it in exactly to the penny as per the spreadsheet (including the 8%) and then it will calculate the court costs u will need to pay. you dont need to send any other documents.

 

with mcol you have to pay online using a debit or credit card and the court cost amount depends on how big your claim is.

[ishmo186]

hey guys still not got any reply from HSBC and the 14th day is coming up aftermthe lba letter, i hope its not because i have sent my letters first class and not recorded delivery??? getting abit worried. if they havent replied should i still send my MCOL?? or shud i start again but this time send them recorded delivery?

[Kazzy77]

dont restart...you've come this far so just file with mcol when the deadline is up. legally your letters would have been assumed as received after 2 days so you'll be fine. they may say they have not gotten your letters but it would be amazing if both went missing in the post and even if they do use that tactic, you'll still get your money back with interest anyways.

 

good luck with mcol

[ishmo186]

thanks kazzy,another thing tho is that i have just checked my online banking and have jus found that they are taking more bank charges off me on nov 7th this is after my deadline when i send my mcol, should i include these charges even tho the charges are after i send my mcol as i dont want to put in another claim?

[Kazzy77]

i would try ringing them first and reasoning that you are already claiming against unlawful charges and that it would be seen favourably by a judge if they were to let you off that charge. i did this and it worked. just keep your cool and be reasonable and u should get away with it. i was cocky and rude but that was a silly thing to do as wouldnt look good in court. i just get too wound up other their attitude lol.

 

if they say no, then its up to you. i have seen other threads where people claimed charges back in mcol before they are taken and its worked. there are also other threads where people have left the charges out of mcol but are able to get DG to repay the charges in the settlement so that may be another option. If it were me, i would do the latter as i would feel that hsbc may try to get out of repaying me at all based on one charge claimed too early.

 

the main thing is that u feel comfortable and relaxed with making your claim so its entirely up to you

[ishmo186]

thanks kazzy but i think i am going to just add the extra charges into my claim with mcol, the thing i dont get is that when i enter my figure into the mcol sheet it will be different from the original schedule of charges that i sent to the bank so do i need to send the bank the revised version?? or just add them into the mcol? just to let you guys know after i have sent my LBA my account has turned into chaos, my direct debits have bounced left right and centre, ive been slapped with £100 in charges for them bouncing in the last 2 days, its chaos lol many grueling phone calls have been made and they have all been pretty sound. just cross my fingers and hope this claim goes through quick, i have heard absolutly nothing from the bank but i think that they have got my letter as they never bounced the direct debits that go over my limit but have done so now?!

Does anyone know roughly how long it takes for the whole claim process to go through (from the mcol stage) and also i am thinking about opening another bank account, so does anyone have any recommendations who to go with or are they all money grabbers lol! thanks for any advice

[Kazzy77]

they are all money grabbers lol. Ive joined my husband barclays account and found them to be really nice but it depends on the branch, i guess. the one we use...the staff are great but a mile the other way from our house and they r rude, unhelpful and in my opinion, all unfit to work in a customer related role.

 

that'll be the daily interest increasing the money owed to you. just see what the outstanding balance is as of today and put that into mcol (with the 8% added). if you are adding future charges then put those on the spreadsheet also. When you do the particulars of claim, make it clear u are claiming daily interest also and that way, you can insist on the difference between the time of mcol and when DG finally give u a proper offer.

 

does that make sense? i think the words clearly but dont think it reflects when i type it all lol.

[ishmo186]

yeah that make great sense thanks, gettin nervous at this stage hence all the questions lol alot of people at work are very doubtful of me doing this sayin "it's your fault in the first place for going over your limit" and things like this and being a young lad am quite nieve lol so i am very thankful for all the help!3 days till mcol lol keep you all posted!

[Kazzy77]

if they think they can put one over on u or intimidate you into believing u cant win they will do it at every step. if this happens then come back and post about it and we can reassure u they r bluffing lol.

 

as for what other people say...they obviously dont know what its like getting into a bad cycle of charges. iccuring 1 charge means they can charge u more next time and so on until it snowballs so once it happens once, its very hard to get out of.

 

hsbc would have been really pleased when you inccured charges and took advantage of the fact. they want you to stay in a spiral and thats what the issue really is, not ur spending habits.

 

I think everyone here has had people around them telling them this wont work and its their own fault but those will be the same people eating their words when u DO win.

 

i got to rub everyones noses in it yesterday when i got my full refund offer. of course, i did it all tactfully but with great enjoyment lol. in a week ir 2 from now that'll be what u are doing while they all shake their headsd saying they cant believe u won!

 

Anyways, everyone here knows u can win so listen to the threads here and not those trying to make u feel guilty and as though u r doing the bank an injustice cos that really isnt the case!

[ishmo186]

thanks agen kaz, well tomorrows th last day of the deadlin so im gonna fill in the mcol in the morning and put it thru, ie heard absolutly nuttin ignorant b*****ds lol thanks everyone for the advice!ill keep you all posted and let you no tomorrow how it goes!!

[ishmo186]

hi guys today im sending my mcol so i really need your guys help, ive put claim description as money owed by hsbc, that sound ok? and the service address where the documents are to be set is that my local branch? thanks

[ishmo186]

hi guy really need your help todayas im sending my mcol and want to get it perfect, ive put the description of claim as moey owed by hsbc, does this sound ok and also for the service address do i put my local ranch as i sent my letters there thanks alex

[ishmo186]

another thing should i check yes or no to the human rights act? thanks

[ishmo186]

What do you guys think

 

Claimant has account 61234641 with Defendant from Sept 1997 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 2004 to 2006 of £1386.70 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £80.67

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7/11/2004 to 22/10/2006 of £ 1386.70 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £80.67

 

let me no thanks

[ishmo186]

hold on here it is again that one was too long lol

 

Claimant has account 61234641 with

Defendant from Sept 1997 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 2004 to 2006 of

£1386.70 and also interest at same rate up

to the date of judgment or earlier payment

at a daily rate of £80.67

 

what do you think and shud i tick yes or no to human rights? thanks again

[ishmo186]

Ignore them last posts i read them and put it properly now all ok anyway sent MCOL lets see what happens!

[ishmo186]

hi guys can anyone shed some light onto which option to select?

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

thanks

[Guest bong]

ishmo you only issued your claim yesterday! ! those options are for if/when they don't acknowledge or enter a defence and you are applying for judgement. the court will write to you in the next few days to let you know what date your claim will be deemed to be served on the bank and they will have 14 days to acknowledge your claim. If they do acknowledge they then get a further 14 days to enter a defence. if they miss either of these deadlines you get a chance to request judgement by default.

[ishmo186]

so what does judgement by default mean, does this mean that i have won by default? if they do ackknowledle my claim what shud i expect from the bank? a letter from DG? thanks

[Guest bong]

judgement by default means that they haven't responded within the time limits set by the court and you are entitled to ask for judgement. However, the other side can ask for judgement to be set aside if they want to enter a defence late. So its never cut and dried until you have the money.

 

I think what will happen next is that you will hear from DG but at what point I don't know. I think they are tending to wait until the very last minute because they are dealing with so many claims at the moment.

[ishmo186]

i was just thinking, what happens if i get another charge during the mcol stage, as i have already sent off the mcol and the figure that im claiming for, when DG ask for a breakdown can i include it into this???or would i have to go thru the whole process again to get bk the outstanding money?

Also on my MCOL i have put the address of my local bank,is this ok or shud i have put the address of head office?

thanks for the help

ishmo

[Kazzy77]

when DG ask for a breakdown, add in any further charges and just say in your cover letter that u want these charges back also. they will pay if they want you to accept their offer which will follow. they may try to offer you only part of what u have put in your mcol but you can insist on having the rest. they will be desperate to settle out of court so u will hold all the aces really.

 

make sure you do appear reasonable though as if it did go to court (which is highly unlikely) then u would want to look nice a nice, reasonable person

[ishmo186]

OMG i dont believe HSBC, i popped into my branch today to enquire about increasing my overdraft slightly so it will cover this months bills before i get my money that i am claiming from them and they said "NO" they they said i should of increased it whilst i had the chance when i first applied for my overdraft!!! so hsbc wont even lend me a hand by increasing my OD but would rather say no and make all my DD bounce!!! ive had to resort to ebay to try get some last minute cash, ive been thinking of changing bank but when i went into abbey national to open an account they have told me that they cant transfer all my bills and money coming in as i didnt pass their credit score check, so i hope to god that hsbc wont close my account oterwise i will be F****D as i have no way to pay my bills or money going in from work!!! any suggestions? thanks

[Kazzy77]

my suggestion would be to try more than one bank. i got one with barclays and i'll bet my credit score is lower than yours lol.

 

i have read a few posts saying that natwest give some kind of basic bank account that is really easy to get and co-op bank may be worth a try too.

 

if the worst came to the worst, you'd just have to stay with hsbc and wait for your credit scoring to improve.

 

heres one link regarding the way to improve your scoring but theres plenty more indepth ones if you google for it

 

Improve your credit rating | This is Money

[ishmo186]

thanks kazzy for the confidence booster, i will give that link a good read to see what i can do, thanks again kazzy keep you posted