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Sigma & HL Solicitors issue claim form***Claim Dismissed***

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I've sent my initial letter and am today sending the LBA letter to HSBC - anyone had any success with these - they really are awful people to deal with!!! lol Trying to claim just shy of £5k

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks very much - very informative - is there anywhere I can post my progressed as I have received a letter in reply and would like opinion on it but I am unable to post in that thread.

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You need to go into the HSBC forum, and start a thread called something like: Affirmation v HSBC

 

From there you can ask any questions, post updates, and receive replies from forum members, all relevant to your particular claim.

 

I will keep an eye on your thread for a few weeks, and if you have any questions just ask...:)


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sent the intial letter after gathering all info about excessive charges taken from my account and received the following in reply:

 

Thank you for your letter of XXXXXX requesting a refund of Bank Charges of £not far off 5 Grand going back 5 years (it was 6!!)

 

The bank does not agree with you contention that teh charges that have been imposed constitute a penalty and therefore unenforcable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you speciffically to clause 7.11 in section 2. If you authorise a payemnt that would, if met by us, lead to your account going overdrawn or over an agreed limit the bank considers whether or not to make this paymetn and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumstances in whcih these charges will apply are clearly set out in our terms and conditions whcih you will have been provided with a copy when you opened you account.

 

Whilst I accept this letter will not provide the response that you hoped for, I trust I have been able to clarify the banks position. if you are not satisified with the bank response you should now refer your complaint to the Financial Ombudsmnas Service, as this represents our final repsonse on this Matter

 

Yours sincerely

 

Mr Coling Langdale

Senior Quality Officer

 

Incidently there is a section on the Ombudsmans site about bank charges where they state that 100% of their cases have resulted in repayemtns as "goodwill gestures"

 

I have sent my LBA today but is the above a typical response?

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i class their response in one of three ways - the no response, the fob off response (we'll look into it, maybe, someday and get back in the distant future) and the one you got - the sod off response.

just stick to your schedule.

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We've seen it all before, Yawn!, and we know Colin well. Keep to the schedule set out on this web site and you won't go wrong. I got my a full offer on Saturday, stick it out and it won't be long before you get yours.:)

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great - I figured as much but obviously its often a case of feeling its little old me against the biggest company in the world!! lol

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Already received a response - stating that as they said in their previous letter that they had given me my final response and should take the matter to the Fincial services Ombudsman if I want to take things further - it was a very short letter and didnt even attempt to enter into any correspondence!!

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get that lba ready

and insert the word "positive" where you say i have had no ... response.

give 'em 14 more days - then file your claim.

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sorry I meant that I had recieved a second repsonse following my LBA - I am going to write to them giving them updated figures (more charges being applied since last letter) and a copy of the N1 (inclusing 8% interest) that I shall file a week on monday.

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i got the two responses from hsbc aswell, one to tell me they were looking into it, second to tell me if i don't like it read the enclosed leaflet about complaining to the ombudsman - whoopy doo!!!

 

i wouldn't bother putting a stamp on another letter, just stick to your timetable and get that lba at the ready - you mean business!!

 

good luck

netty


If i've been helpful in any way....then tip my scales over there!

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doh! you've already sent your lba lol

in that case get ready for mcol stage 14 days from the date you sent lba!!

now you do mean business lol


If i've been helpful in any way....then tip my scales over there!

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Sending this to HSBC today - any thoughts on it?

 

 

 

 

Dear Sir/Madam,

 

Re: ACCOUNT NUMBER: XXXXXXXXX

 

Thank you for your letter dated 7th February 2007 in response to my letter of 5th February 2007.

 

It is clear from the contents of your letter that you do not agree with my contentions and are continuing to levy substantial and unlawful charges onto my account. Therefore I intend to continue my claim through the County Courts and this action shall be initiated as per my schedule in my previous letter on the 19th February 2007.

 

For your information I enclose the revised Schedule of Charges that will be submitted with my Claim Form that will include interest pursuant to section 69 of the County Courts Act 1984.

 

This will mean that the claim will escalate from the sum of £4,958.00 in respect of penalties charged plus the sum of £156.63 in respect of interest charged thereon where the contended penalty charges have caused such interest, totalling a claim of £5,114.63 as of 12th February 2007 to the total sum of the above charges plus the sum of £1,009.34 in respect of statutory interest on the contended penalties plus the sum of £29.91 in respect of statutory interest on the interest charged on the contended penalties which totals a claim in the sum of £6,153.89 plus costs to be decided.

 

To clarify, the sum payable as of today’s date to avoid any further action is in the sum of £5,114.63. Once a claim has been issued in the County Court the minimum sum pursued will be in the sum of £6,153.89.

 

Should you wish to stay all proceedings please credit my account with the sum of £5,114.63 by the 19th February 2007 else I shall issue my claim in the County court on that date without further notice to you.

 

Yours faithfully

Does anyone have DG Solicitors address?

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hi aff

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham B15 1QZ


If i've been helpful in any way....then tip my scales over there!

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well its taken some time as I was applying for remission of the Court fee. when i first went to the Court office myself they took a quick look at it and immediately turned me down because once my rent was taken from our total income it left us with more than £350 - despite the fact that our outgoings were more than our income. This seemed incorrect to me as I was applying on the basis that the £250 court fee would cause undue hardship. So I took my papers with me and wrote into the court - resubmitting my claim and spelling out my reasons for applying for remission of the fee. this was a couple of weeks ago and yesterday I received notice of issue and the appeals officer had granted me full remission of the fee. the claim will be deemed to be served on the 7th march and the have until the 21st to reply.

 

it is worth mentioning how appallingly HSBC have behaved since I started this process. previously I was charged regularly and would never receive a letter, phone call, nothing. Now even if a payment runs 50p over my overdraft limit I get a charge and the DD returned plus a letter and a phone call!!!! they really are applying strong arm tactics to my account now - it seems that we are no longer a customer but an annoyance that must be crushed and bullied into submission, its as if they take offense that we dare to question them. I will not bow to these sadistic bullies - they care not that they are literally playing with the quality of their customers lives - when you have payments for an existing loan, gas, electricity, opticians and car insurance returned in the space of two days - what on earth do they think we are to do? and then to phone up that evening to ask why they bounced and can we make a payment to HSBC via an alternative card. - yeah OK I'll let my car go uninsured and sit here in the cold and dark so long as HSBC have their money back!!!! lol Thank god for my boss who has helped me out and things are back on track - it really was the constant charges that once take a grip you cannot loose that cause the continuation of the troubles so many of us find ourselves in!! Since the start of the date of the claim they have added another £125 in charges with a further £150 due for the infamous "total charges" within the next week. once this claim is sorted I will pursue them for those charges and then - and this is what I look forward to the most - I can enjoy having some spare cash again but better still i can turn round and give them an almighty big fat F*** O** and take my business else where!!

 

This has turned into quite a rant but I have man flu and I'm still boiling over the new charges!! lol

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well done, you!!!! getting the court to give you the remission was no small achievement! score one for your side for that alone. and now that the claim has been deemed served - don't you just feel that empowerment - everybody gets it: - a little nervous, yes!!!! now i'm on my way! feeling.

 

very, very good luck on your claim - keep in touch. as you've done the N1 - you've already sent copies of your breakdown with your claim. when you get your acknowledgment - send dg (their solicitors - address on pg.2) a copy of your breakdown of charges with your claim number referenced. it's taken you a bit to get this far - but you are now well on your way to getting it back.

 

it's well known that hsbc tends to close accounts on the second claim - so it would be a good idea to find an alternative account now - in case they decide they don't want you any more.

 

you come on here and rant all you like - hope the man flu is better soon.

keep a record of the charges you will be going for next - there may come a point when you could throw them in (not usually but once in awhile they may see sense and reverse them). they aren't in this business for the joy of it are they?

 

keep posting!

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natwest do a simple 'step up' account. you can apply online in about 10 minutes. no cheque book, just a hole in the wall card and a basic account with no overdraft facilities. very basic, but if you're as serious as me about not getting into a financial mess again, it's all you need.

good luck aff


If i've been helpful in any way....then tip my scales over there!

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I have a joint account with my wife at Lloyds TSB so we will switch to that once this is all over. i fully plan on leaving HSBC anyway but should they close the account instead of me I shall certainly complain to the ombudsman given their recent decisions about accounts being closed out of spite.

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Well surprise surprise I received a letter form the court telling me HSBC intend to defend - do you reckon my case will be the one they actually do go to court on!? lol hardly think so but no harm in hoping! Roll on the next 28 days where no doubt anotehr few days will be granted because the defense wasn't filed in time! lol

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Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, 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 £(AMOUNT).

 

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

 

Yours sincerely,

 

Although if you filed an N1 instead of the mcol - you will probably have include the extra copies already.

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, 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

 

Yours sincerely,

 

hope that helps.

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Thanks for that but it was an N1 I field and so they have the schedule of charges - I was posting to say I have had the acknowlegement and notice of intent to defend. just a case of sitting back and waiting for them to file defence and then getting the AQ.

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