Megatronman vs HSBC

[megatronman]

bump

[lateralus]

forgive my not getting through all this and just cut to the chase and i'll give you my thoughts - they are offering 1079, you wanted 1258? so far, have i got it? what is all this - i'll show these letters in court business - are you asking for something other than charges + 8%interest + court fee? if so, what and why. tell me, in a nutshell and i'll tell you what i think - for what that's worth - i'll tell you now - i'm thinking if they've mentioned court fee fine i'd probably advice split the dif and send a letter stating that (i'll send a template if you want one) if they haven't mentioned court fee - send a letter saying if you add on 125 for court filing fee then you'd take it (again - i'll send a template if you want one)

which is slightly beter than splitting the dif.

 

reason being - i don't like all this threatening talk from them - even if it's bluster - they look like dragging their heels on this one - you give in a little - then you look the one trying to settle and they are the ones stalling - above it looks a bit the other way around.

i'm inclined to think it's time to make this one go away. but tell me the bare bones and i'll tell you what i think.

[megatronman]

Thanks for replying lat

they are offering 1079, you wanted 1258? so far, have i got it? what is all this - i'll show these letters in court business - are you asking for something other than charges + 8%interest + court fee?

Yes I am asking for charges + debited interest + CI (am excempt from court fees, which is probably another reason why they are dragging this out, since they won't have to pay them either.). The 1073 is their own calculation of charges + stat interest. The 1258 is charges + debited interest before stat interest or CI is added.

[lateralus]

ok, i'm still in the outer reaches here with this a little - if you are saying you put all the debited interest on - then i think you'd better grab the offer (maybe the half way negotiation theory) and run with it - as you should have used the advanced spreadsheet and it adjudges what portion of each interest debit can be reclaimed - either some, all or none of each interest debit depending on the account balance at the time. so, if you've claimed all of each interest debit - i'm surprised they offered that much. take it! as for contractual interest - that is probably another reason they are stalling. so, my advice (worth as much as you paid for it!) is go for the negotiated half way between. as before, if you want a template letter to tweak - let me know.

[megatronman]

Sorry lat, I think there is some confusion here.

I did use vamp's advanced spready so the 1258 figure is correct, in that it is made up of accumulated charges plus the portion of interest charged as a result of those charges (not the entire interest I paid on my o/d) I also tested the same amounts on mindzai's version and got the same exact figure. Are you suggesting I should make an offer for an amount half way between the stat interest and contractual? This would be around the £1700 mark.

[lateralus]

ok, i'm with you now, so, why not figure what your charges would be at 8% and ask for that - it seems a good compromise to me - because they are offering 8% in their own words:

The statutary interest, pursuant to s69 County Court Act 1984, is in our opinion, adequate recompense in respect of the charge from the date it was applied to the date of your claim

Here's a little blurb you could include regarding the o/d interest:

You should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited.

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

So, would your charges plus 8% bring it up to an acceptable figure for you?

Thank them for their previous offer - then how about another little paragraph like:

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (a figure you could live with). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

 

and include any other requests you have - like a cheque or whatever.

 

could you justify more than the 1258 by using 8% interest and possible the daily rate (which shouldn't include interest).

 

i just am afraid you have taken such a hard line with them - they are showing their teeth and daring you to take it to the judges - which you may be happy to do - it might be - as crusher always says - nothing more than a game of chicken. - maybe you feel you should hold out - and if you do - best of luck - i'll watch with interest to see how you get on - i'm just feeling a little shaky over it -

if no one else jumps in here - you might like to pm a moderator to come take a look at it all and give their opinion.

livelylad is always a good bet for a frank opinion.

let me know what you decide.

[megatronman]

Thanks lat.

[megatronman]

Hello.

I'm posting this here as well as on my thread as I have searched the forums and can't find the answer I'm looking for.

My hearing has been set for 31st August, but I want to change my poc. I calculated the daily interest (from the claim date) incorrectly and since the date of my claim was 6th December 2006, it's added up to a quite significant amount. Also I didn't include the supply of goods act, which I wanted, but this part seems to have been removed from the template since last time I looked so I'm not sure now. I'm not sure if I write to the banks solicitors first or take the amended form to the court for the judge to approve. I have the n244 form ready.

On top of all this, the bank have just closed my account and sold my overdraft to their dca.

Really would appreciate any help

Thanks

[megatronman]

My hearing has been set for 31st August, but I want to change my poc. I calculated the daily interest (from the claim date) incorrectly and since the date of my claim was 6th December 2006, it's added up to a quite significant amount. Also I didn't include the supply of goods act, which I wanted, but this part seems to have been removed from the template since last time I looked so I'm not sure now. I'm not sure if I write to the banks solicitors first or take the amended form to the court for the judge to approve. I have the n244 form ready.

On top of all this, the bank have just closed my account and sold my overdraft to their dca.

Really would appreciate any help

Thanks

[gizmo111]

You send the N244 to the court with the fee which is non recoverable.

The bank should not have closed your account as it is subject to legal proceedings and therefore in dispute - it is in the banking code around sec 13 I think.

I would write a letter to them point ing this out.

[lateralus]

here are the instructions for filling in and filing the n244 - follow them precisely..The "Claim Too vague" defence and guide to amending a claim (1 2 3 4 5 ... Last Page)

GaryH

[megatronman]

Thanks gizmo and lateralus.

The banking code section 13 refers to credit reference agencies but not to closing accounts. I'll have a look at the fos site.

[megatronman]

Just an update. I received this letter from Metropolitan Collection Services today, dated 13 July.

You have failed to make payment as requested and we therefore now have no alternative but to take further action against you.

 

This may involve: Debt Collectors who may call at your door, or

DG Solicitors issuing legal proceedings which may result in:

 

- a County Court Judgment being registered against you;

-a County Court Bailiff visiting your home and taking goods;

- an Attachment of Earnings order which may result may result in your current or future employer being ordered to deduct payments from your salary.

 

If legal action is taken, it will result in legal fees and costs of £193.00 being added to your outstanding balance.

 

...

[Castlebest]

send them a copy of your county cout date letter with a note saying too late

[megatronman]

Had this letter from DG Solicitors today.

25 February 2010

 

Dear Megatronman,

 

Our records show that you complained about the level of charges applied to your account.

 

Consequently your account was put on hold pending the outcome of the Office of Fair Trading (OFT) Test case.

 

The legal proceedings ended on 25 November 2009, with the Supreme Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations. On 22 December 2009 the OFT confirmed that it was ending its investigation into the fairness of overdraft charges.

 

In the circumstances the bank wroe to all customers with outstanding complaints confirming that no refund of charges would be made.

 

Accordingly, as the complaint has now been rejected, we now require your proposals for repayment of the above debt within the next 14 days.

 

If we do not hear from you within this time, we will continue with recovery action.

 

We trust that this explains our position and we look forward to hearing from you within the next 14 days.

 

Yours sincerely,

 

DG

[megatronman]

I have drafted a letter to send to HSBC regarding the default I have on my file.

I'm not sure if this is the correct way to go about this so, as usual, if anyone has any advice it would be appreciated.

Dear Sir/Madam

 

Account number: xxxxxxxx

Sort code: xxxxxxxxx

 

I have recently checked my credit file and note the ‘default notice’ entry which was registered by you on 15/06/2007.

I note that paragraph 2.2.4 of your terms and conditions states that ‘provided if there is no genuine dispute about the amount owed, we may register the default with the CRAs’.

You will be aware I disputed the legality of charges applied to my account in August 2006. I am therefore curious as to which term in my agreement grants you the right to register a default on the account under these circumstances.

Further, I have no recollection of receiving a default notice, or any correspondance stating your intention to file a notice prior to the date the entry was made.

Therefore, I must request you to substantiate such a notice at your earliest convenience by providing me with:

 

1. The signed true and certified copy of the original default notice

2. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). I enclose a £1 postal order in payment of the statutory fee.

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. Yours faithfully

Megatronman

Edited March 23, 2010 by megatronman