boXXer vs HSBC ** WON **

[boXXer]

Hiya everyone!

Right, i am VERY confused by all of this, lol. Ive been reading various threads for a while now, and the more i read the more i get confused. (god im so stupid!)

 

Could someone please confirm that im doing this the right way???

 

1. i sent off a letter for my statements and data protection act (what is this BTW?)

 

2. got my statements, and worked out all my charges for six years.

 

3. i am just about to send my first letter about claiming back my charges (i understand you dont add any interest yet) and i have to include a breakdown of charges? is this correct? Giving them 14 days from when i posted this letter.

 

4.if no reply, fob off letter or offer under 100%, then send LBA letter saying im going to court about it in another 14days. This part you include the 8% interest i believe?

 

5.give them another 14 days, then file the claim with moneyclaimonline?

 

Any help would be much appreciated, im just very confused with it all.

 

Thanks! Mike.

[Guest NATTIE]

LBA is not an 8% it is interest on the unlawful charges at the rate that was charged, advanced spreadsheet requires then file. Court is where 8% which is for basic spreadsheet.

Hope that helps and good luck

[boXXer]

ok, i see. sort of, lol. So basically, my next letter is just to send off the request for the bank charges alone, giving them 14 days to reply? So when do i need to add the 8% on? and at what stage? have i got the order of things right? as i wanted to send the letter off tomorrow. Cheers for all your help!

[Guest NATTIE]

The first letter is DPA asking for transactional history on the account. When you have 6 years worth of statements then you add up the charges and interest on advanced spreadsheet at the rate set by the bank then its prelim letter. 14 days later, providing they haven't settled, then its LBA. If they still fail to settle then its suing them with 8% interest on basic spreadsheet.

Hope that helps

[boXXer]

ahhhhhhhhhhhhhhhh, right. Thank you sooo much. Makes much more sense now. So, basically, ive got to find out the daily interest rate on my HSBC overdraft?

[boXXer]

actually, i have charges on my account saying "interest" then a small amount like 1.26. Can i just total all these charges up instead of having to work out interest rates?

 

Cheers!

[Guest NATTIE]

No unless you have no overdraft facility on your account

[boXXer]

yes, i have a overdraft facility. So i cant claim back those small interest charges. Sorry for all the questions, im just confused on what all the interest charges are for! lol.

 

Your help is very much appreciated though.

Mike

[boXXer]

also, do i have to send a schedule of charges on the first claim letter? or wait till the LBA?

[Guest NATTIE]

Yes

[lateralus]

boxxer, this business of adding interest is complicated (for some of us) because of two different "interests". go have another look at the bank template library - 2. letter prelim by bankfodder - here's the quote:

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

now:

if you go to the spreadsheets you'll see there are two, the simple and the advanced. on the one with the blue and yellow columns - it has a place to include all those little interest charges from your statements and it will add a portion of the interest - depending, i think whether you were in credit when these occurred - anyway - the spreadsheets do all the work. all those little charges add up and that is how you come up with the "you have taken £XXXX plus £XXX which you have charged me in overdraft interest".........

 

after the prelim, and the lba, when you are filing your claim with mcol THEN: you use the other spread sheet which adds 8% to your total - but it's not a flat 8%, each item shows how many days from the date you incurred the charge to the date of your claim. again, the spreadsheet does all the work - so go back to your statements and mark all those little interest charges, then do the spreadsheet, then send the prelim - with a schedule of charges.

 

when in doubt - go back to the templates.

 

i hope that helps - it's how i did it - and i really don't understand it - just followed the instructions and it seemed to work.

good luck......

[boXXer]

excellent reply mate. Your a STAR! thats help me loads. Do i have to claim back for the interest? as i might not bother because i cant be arsed to go back to 6 years of statements for a extra £100 or so. what do you think?

[boXXer]

also, will "bankfodders" letter be ok to send? or are there a few around?

 

and what happens if they offer a settlement figure thats not 100%? what letter do you send then?

 

Cheers people!

Mike

[lateralus]

As for adding on the overdraft interest - in our case: the charges for 6 years was about £1500 and the fiddly bits for interest on overdraft - and also d/d and s/o added on about £150. So it's up to you. I think most would say, it's your money so why let them keep it.

As for the templates - that's what they are there for - copy them and then edit away to make it suit your situation. I think, and I'm sure those in the know would agree - yes, you are in a hurry to get your money... but it's worth taking the time to read all the info in the faqs and the library templates to get it right - as mistakes could result in problems or delays further down the line. Take your time and get it right. In our case, i wrongly added the 8% on in the prelim. letter, (that shouldn't have been added on until you actually submit your claim on mcol); later had to make it look like that was what they could expect if they didn't settle - so no lasting damage but it was just not following the game plan, my error. So many of these people have been there, done that. Use their advice. Good luck...........

[boXXer]

Right, sent off the prelim letter yesterday first class recorded, giving them 14 days, so on the 18/10/06 im gunna be sending my LBA. So now im BRICKING it big time, lol. Will be fine though i hope! cheers for everyones help so far!

[boXXer]

HELLO! just to make sure...... I claimed for all charges over the last 6 years, is this correct? as i just thought "was i supposed to claim for charges over the £12 mark?"

 

Also, now i have sent off the letter, i think HSBC have been trying to call my mobile CONSTANTLY for some reason. Is this normal?

 

Cheers for any help!

Mike

[boXXer]

right, 14 days are up soon!! Will be sending the LBA on wednesday, along with the schedule of charges again. wish me luck!

 

I cant seem to find any templates for the MCOL stage. Are there any on here?

 

Thanks!

Mike

[boXXer]

can someone help please? just been reading about the MCOL stage of proceedings, and im confused on all the timescales they have.

 

do they have 14 days to acknowledge the MCOL claim, then 28 days to defend from this date? anyone with any answers?

 

Thanks.

[lateralus]

don't worry about the mcol, just get that lba posted on wed. recorded delivery. then circle the calendar for two weeks further along. go back to the top of this site and read the newcomers stuff - read the fuller version. we've all been there -

here it is in a nutshell:

you file your mcol on day 1, five days later it is deemed to be served, if they don't acknowlege, then 14 days from the serving date you can press the button for judgment. probably they will acknowledge straight away, then it's 28 days from the serving date until you can press the judgment button. but that's when it all kicks in - dg will ask you for a breakdown of charges (yes, again), which you will send (recorded always), about the third week into the acknowledgment - you will probably get a reduced offer which you will turn down and then about a week later (by which time you may have received a notice of them defending, along with an aq and a change to your local court) you'll get a full offer. if they defend, you can't press the button for judgment and also, the important date then becomes the date on the defense stuff telling you the deadline for your aq.

sounds complicated but it is really just following the plan. someone should do a flowchart for the mcol stage, it might look easier. just start reading up on all the mcol stuff. but for now - get that lba off on wed. there is a template for the"particulars of the claim" for the mcol, the only hard part is fitting what you want to say into the small area given - but it is possible. we'll all help - just read up at each stage.

[boXXer]

hiya mate. Thanks for the advice. Will get it sent off, then see what happens. Thanks again. Mike

[boXXer]

Hello! today i sent off my LBA to the head office in london, so we will see how it goes. Wish me luck people!

 

From this stage, roughly how long does it take to get your money back?

 

Thanks,

Mike

[boXXer]

oh yeah, forgot to say. Got a "courtesy"call from HSBC today, asking if everything was ok. Is this normal? i just said it was inconvinient (sp) for me at the moment.

 

Cheers!

Mike

[Kazzy77]

lol...how nice of them. what do they expect to come from a call like that? when there isnt any reason for the call? Are u meant to remember all of a sudden that actually, they r a thoroughly nice bunch and drop your claim?

 

maybe it was random or maybe they wanted you to enter into a convo about your claim without them being the ones to bring it up? maybe im paranoid but even if thats the case, doesnt mean im wrong to be lol.

[boXXer]

Yeah i dunno. Seems weird to me too. Ive never had a courtesy call from them before, so why now. I didnt want to gein into a conversation with them about it, so i put the phone down, lol. They do my head in!

 

Looks like you'll be getting your money soon from your sig. How long you got to wait now?

 

Cheers

Mike

[Kazzy77]

here is the link to the spreadsheets that calculate the 8% that u asked about in jodys thread

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

not getting into telephone convos about your claim is the best thing to do. u want it all in writing afterall.

 

i called DG today to check they recieved my breakdown and the blokey told me to expect a response tomorrow so i wait with baited breath! i am also half expecting it to be only a part offer so not getting tooooo excited lol