Sexy_Em vs HSBC

[jonni2bad]

No, just stick to your timetable and respond only to actual offers of money, if they happen before the date of your court action.

[Sexy_Em]

really?! Because Im worried that Ive maybe been sending my letters to the wrong person?!

 

Have draughted the following letter:

 

Dear Mr Langdale,

Thank you for your letter dated 27th December 2006, concerning my request for a refund of my bank charges. I have enclosed a copy of both your letter (a) and the letter to which you refer (b).

As you will see from my original letter dated 16th November, addressed to Mr Shepherd, I gave HSBC 14 days in order to respond to my request. As the letter was not received until 20th November, the deadline for response was 4th December 2006. I was never given communication, and so a second letter offering a further 14 days was issued. This letter unfortunately got lost in Royal Mail’s system, and so the exact same letter was again issued on the 15th December, and finally received by HSBC on the 21st December. Again, a copy of this letter is enclosed ©

I understand that the Bank Holidays surrounding the Christmas period would make the 14 day limit unfair, and so am willing to add a further 3 days to this period.

While I appreciate offer of communication to be received by 15th January 2007, I am sure that you will agree that you have already had more than sufficient time in which to conduct your investigations.

I require repayment in full of my money. If you do not comply fully by 7th January 2007 then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

Lote of love (lol)

Sexy_Em

[Sexy_Em]

im jus panicking arent i?!

 

I need to go open a bottle of wine LOL!

[lateralus]

i agree with jonni, it's just stalling tactics, stick to the original timeframe.

[Sexy_Em]

ok. thanks

 

x

[Sexy_Em]

im claiming for 2 bank accounts...

 

do I need to fill out one mcol for each?!

[bidstermeister]

Colin Langdale IS the correct person - He offered me my refund, just use the Arlington Business Centre, Leeds address. I sent several letters, and many e-mails to their customer services address, plus several e-messages via internet banking.

 

Took 2 months in all - but well worth it.

[lateralus]

if both are personal accounts and both in your name (even if one or both is a joint) yes, you can put them together - keep them separated up to the mcol stage and then combine them - what is the total?

as for addresses and addressees, doesn't matter - as long as it is hsbc it will get where it needs to be.

[Sexy_Em]

total including interest of 8% is only £400 for both, but still - its mine!!

 

so i'm about to submit my mcol (only charging me £50 because its only a little claim lol), I know I have to send my particular of claims as well - do I post that seperately?! Am rather confused about that bit to be honest.

 

Thanks for ya help guys.

 

Bidstermeister - I have Colins address to be at Coventry....hmmm interesting!!

[lateralus]

go ahead and log into the mcol website - work your way through - you being the claimant - hsbc at the head office - canada sq address found on all statements as the defendant, work through to the particulars of claim, play with it - use the template - try to get your info into the small space allowed - just keep eliminating words you don't need til you get it small enough - the word count will tell you how much you are using.

when you have it all the way you want it - if your time is ready to file your claim - you can then press submit, pay and that's it. you can pop in and out of the site until you are ready to submit. it's very user friendly.

the particulars is a part of the claim. later (in about a week or so) after you've filed the claim - we get to the part where you send your breakdown to the courts and to dg. ok?

5. Money Claim On-Line (MCOL) Particulars of Claim

[Sexy_Em]

done all that, thanks dude you're a diamond. has been paid for and sent (£50, bargain!!)

 

Have found these two letters to send with particular of claims:

_______________________________________________________________

 

HSBC

 

 

ACCOUNT NUMBER: *****

 

Dear Sir/Madam,

 

Further to my recent correspondence to your department dated **/**/** and **/**/**, in which I requested the repayment of unlawful charges which have been levied to my account, your lack of positive action to resolve this matter has regretfully left me with no alternative but to seek redress at the County Court.

 

I wish to inform you that I have today (date) issued a claim for the repayment of the unlawfully taken charges, plus statutory interest, plus costs. The claim will be served to you in due course.

 

Please find enclosed a schedule of the charges I am claiming, along with the interest accrued to date. A copy of this has also been sent to the court. Please note this schedule does not include court costs.

 

 

 

 

Yours Faithfully,

 

 

ME!

 

 

_________________________________________________

 

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

Dear Sir/Madam

 

ME vs. HSBC Bank PLC

 

Claim No: ****

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £***

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

 

 

Yours Faithfully

 

 

ME!

 

____________________________________________________________

 

How do these look to you please dude?

 

thanks ever so much

[Sexy_Em]

sent them anyway lol.

 

Received confirmation from MCOL today.

 

what happens now?!

[livelylad]

sent them anyway lol.

 

Received confirmation from MCOL today.

 

what happens now?!

 

 

you need to wait until they respond to your claim. The claim will be deemed served after 5 days of it being issued. They have 14 days to acknowldege the claim, If they dint acknowledge the claim you can file for judgement. If they do then they get a further 14 days to defend the claim Total 28 days from the date the claim is deemed served. If they dont submit a defence you can again request judgement. Hope this helps.

[lovethedam]

i did my mcol on 1.12.06, the 28th day was therefore 28.12.06 on which day hsbc filed a defence.

Then i got my AQ through the post, next i contacted dg sols to give them my schedule of charges and on 6.1.07 i recieved a full offer from sg sols

 

i reckon something svery similar will happen with you so that would put you at around 9/10th feb for your offer

 

fingers crossed

[Amy1471]

Hiya,

 

Tell you what else you could do chuck if they are going to take ages sending you the info, iv got internet banking which does not take long at all to set up, that way you can get all your statements etc off that. It will show you all yours charges etc. If you get stuck setting it up they can set it up for you which would be quicker then them sending you out your statements i would imagin!! And it saves you £10 hehe!!

 

Hope this helps!!

[Sexy_Em]

thanks amy, lol. Im quite a bit after that tho...jus filed mcol!!

 

thanks tho

 

x

[Sexy_Em]

I'm really confused, so I hope you trusted lot can help me again!! hehe.

 

I filed my mcol on the 8th, which means it isnt served until the 13th (2moro!!!)

HOWEVER. I have received a letter from HSBC offering me the amount I was claiming in my letters. This doesnt include the £50 court costs or the interest I am charging.

 

What do I do?! Can I cancel the court and get my money back and accept HSBC's offer, or do I jus wait for the court proceedings to take place?!

 

Please help!!!

 

xox

[lateralus]

i'd ring the mcol helpline and ask if you can cancel and get a refund at this point, i think it is too late - if so - then i think i'd plow on. so, ring the mcol helpline - number on the site, and ask - if it's a no go - then i think you should carry on but that decision is yours, dear. you'd loose the 50 and any interest you are claiming. at the end, it's what you'd be happy with.

[livelylad]

i'd ring the mcol helpline and ask if you can cancel and get a refund at this point, i think it is too late - if so - then i think i'd plow on. so, ring the mcol helpline - number on the site, and ask - if it's a no go - then i think you should carry on but that decision is yours, dear. you'd loose the 50 and any interest you are claiming. at the end, it's what you'd be happy with.

 

Contact the bank and inform them you have already filed the claim, ask them to include the court cost and interest and you will withdraw the claim. Tell them if they dont you will continue with the claim.

[Sexy_Em]

thatnks for that dude.

 

because HSBC hav acknowledged the claim, they have to pay the full amount!!

 

now to test my letter writing skills some more!!

 

thanks for coming back to me so quickly. I really must stop panicking and start thinkin straight!!

 

xox

[Sexy_Em]

How does this sound please?!

 

Dear Mr Langsdale

 

Thank you for your letter dated 11 January 2007.

 

My letter dated 4th December, sent again on 15th December because of apparent non-receipt, gave you 14 days in which to respond before I proceeded to court. Allowing for bank holidays, and the fact that the second letter was not received until 22nd December 2006, this gave you until 7th January 2007.

 

Because I had had no response from HSBC within this time, a claim has been issued with Money Claim Online, and has been acknowledged by you.

 

I will accept the sum of £*** offered, but only as part settlement and on the clear understanding that I will pursue recovery of the remainder with the County Court claim. A further £** is required to cover court costs and interest, plus a further £*** a day interest per S.69 County Courts Act 1984.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

ME!

 

 

Cc – Northampton County Court

[Sexy_Em]

On the letter I have to sign, I have crossed out that I agree it is full and final settlement' and written 'PART SETTLEMENT'

 

Im figuring that I send copies of both of these letters to MCOL, right?

[livelylad]

Looks ok to me dude.

[Sexy_Em]

just the reassurance I needed!!

 

thankies!!

 

debating whether to send spreadsheets showing how much they owe...

decided it cant hurt so may as well!!

 

thank you so much everyone for such speedy responses!!

 

xox

[nettyg]

good luck em

netty