Bills Returned??

[ishmo186]

Help Help Help, not heard anthing from hsbc yet BUT i checked my account via online banking and ive gone over my overdraft limit, so i had two bills go out today but on my transactions the money has gone out then it says reversal and then the money has gone back into my account??? does this mean that the DD has bounced?? i also have got a £30 charge???what does this mean? have they stopped me paying for these by bouncing them as revenge, please help!

[dolfos]

sounds like they have returned your DD's and then slapped on another UNLAWFUL charge. They really are schmucks!!!!

You may find they won't honour things they previously may have when you go slightly over your OD now.

Don't panick tough, you will probably need to check with companies the payments to and just apologise and explain their was a mistake with clearedfunds or something. Most companies are very sympathetic as long as you contact them and let them know you are not ignoring payment etc. If it is a one off that you have had DD returned I am sure they will be ok.

This may well be a tactic of HSBC as a kinda of threat before you come after them.

Don't give in to them keep going with your claim you will get it back. It may well be worth considering opening up a parachute account with another bank.

HSBC did notclose my account when I went for them however now if I do go over my limit I now get a courtesey call to advise I have been charged which I never had previously! They also now charge me for card misuse which I never previously encountered when funds have not cleared intime. Previouslythis was never an issue with them. They are trying to claw back what I got off them!

Keep your chin up!

[ishmo186]

thanks dolfos for the advise feel loads better now, just getting abit panicky at this stage lol thanks again.

[dolfos]

I know it's daunting taking on the big guys but believe me and look around the site the little people are now winning and banks are running scaredhence the early scare tactics to try and get you to back down.

Keep going. I will watch your thread. Let me know if I can help in any way there are lots of people who know much more than me here but if I can help i will

[ishmo186]

thanks dolfos still havent heard anything yetstill waiting they have 1 week left to rely, when you put your claim thru mcol how long rougly how long does it take for the claim to go thru and how long until you receive your money if you win, thanks again. alex

[ishmo186]

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?

[ishmo186]

what do you think guys?

 

Claimant has account xxxxx 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

 

shud i tick yes or no for the human rights act? thanks

[Jaynekul]

HSBC have now taken to cancelling my DDS if they are bounced 1xs. They dont tell you they have cancelled it nor does the Co who are asking for it they just dont rec their money and you are charged again nice eh!

[ishmo186]

ignore that mcol letter ive revised it

 

1. The Claimant has an account xxxxxxx

with the Defendant, opened Sept 2002 2.

Since 07/11/04 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1386.70; (b) Interest per S.69 County

Courts Act 1984 of 8% - £80.69 continuing

at 8% until judgment or settlement at a

daily rate of £0.32; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

 

better?

[gizmo111]

ignore that mcol letter ive revised it

 

1. The Claimant has an account xxxxxx

with the Defendant, opened Sept 2002 2.

Since 07/11/04 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1386.70; (b) Interest per S.69 County

Courts Act 1984 of 8% - £80.69 continuing

at 8% until judgment or settlement at a

daily rate of £0.32; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

 

better?

 

You may like to remove your account no.

 

Good Luck

[ishmo186]

Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

[dolfos]

Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

 

Don't stop claim till money in bank. Phone them andadvise them that money has not gone in but don't cancel MCOL till you have it.

They probably have so many refunds its backed up. Call them and remind them clock is still ticking with MCOL to gently nudge them along. Money will be with you soon. Well done x

[ishmo186]

thanks again the money has come in tonight do i select judgement by admission now as claiment has paid on mcol

[gizmo111]

thanks again the money has come in tonight do i select judgement by admission now as claiment has paid on mcol

 

I don'tthink so - normally you would withdraw claim as there is no judgement to enforce - they have paid.

[ishmo186]

does anybody know how to withdraw my claim, would i have to write to them or can i do it online?

[gizmo111]

Write to court - but I beleive that there is a form to fill in - Cobbetts sent me one - but I never filled it in cos I didn't accept. Have you been paid in full?

[ishmo186]

hi gizmo yes i have been paid back in full quite suprising! so do i write to the address of the letter that i received (my claim form?)

[ishmo186]

hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

[Guest bong]

replied on your main thread