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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Clarification on charges


Damon999
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I sent out the DPA request letter from the library last week to request my bank statements and have received a reply from them which includes

I am sorry that you have found it necessary to complain about Data Protection.

 

I am currently undertaking enquiries into the matters you have raised.

It also goes on to say that further details of how to escalate my complaint will be given if I'm not happy.

 

I find this reply a bit odd as I wasn't complaining about anything, simply requesting some information.

Is this some sort of standard reply or have they somehow misunderstood my request.

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Hi, and welcome...

 

Yes, a bit weird... But not your problem. You have set a clock ticking, stick to it. If they misunderstood, that's their problem. If they're sending stupid irrelevant letters, still their problem.

 

They've got 40 days. End of.

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Thanks for the super quick replies.

 

I'll give them their time and see what happens then :)

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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  • 4 weeks later...

I have recently received copies of all my statements for the last 6 years courtesy of the DPA request letter (and they did it for free which was a shock), and I would appreciate it if someone could clarify a few of the charges as to wether they should be included in the total.

 

They are:

 

Status enquiry £8.50 (I'm guessing this is a legitimate charge for something)

Card misuse £10

Unpaid item £10

 

Many thanks

 

 

 

MOD NOTE: THREADS MERGED TO ENABLE READERS TO MORE EASILY FOLLOW PROGRESS

 

Damon

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Thanks.

 

It was back in Nov 2001, about the same date I bought my car on finance. Is it likely that the enquiry would have come from the finance company?

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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I totted up all the charges last night, and to my surprise it came to £927.50.

 

I now need to work out the interest. Is this done on the interest charged on the penalty fees for the month those fees were taken as opposed to every month since they were taken?

 

Also, what interset rate should I use as I don't know the interest rate they applied for every statement.

 

I can't wait to get the later sent off :)

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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I have now calculated the interest at the 18% HSBC charged me for all the amounts the charges caused me to be overdrawn and my final claim is:

 

£927.50 in charges

202.06 in interest

 

Total:- 1129.56

 

I hope I have calcualted it correctly.

 

I shall get the letter done and send it off tomorrow, and then wait for the standard reply!

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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  • 4 weeks later...

Well, I sent the leter off and before long received the standard reply refering me to the Ombudsman if I still had a problem.

 

Anyway, I have now sent the Letter Before Action which they received today, and I now wait patiently to see if they have anything more to say before I fill out the monyclaim form.

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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I received a reply from Paul Archer today saying that he is looking into the matters raised and will contact me with a full response as soon as he has completed his investigations. I take it that I still just stick to the 14 days and if I havn't received his "report" by then I file my claim?

 

Also, is this working days as the banks don't do weekends or just 14 days?

 

Finally, please could a mod change the title of this thread to something more general.

 

Thanks:)

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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I take it that I still just stick to the 14 days and if I havn't received his "report" by then I file my claim?

 

Also, is this working days as the banks don't do weekends or just 14 days?

The 14 days includes the weekends. Banks may not be open to the public on weekends but they do work at charging you interest everyday of the year :) So when 14 days are up file your claim and PM one of the mods so they can add it to the litigation thread.

 

Neil

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Excellent. Thanks very much

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Well I have now received a reply from Alan Pretty stating

HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. Fot those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £927.50 representing the charges applied in full and final settlement of this matter.

 

This is the total charges that they took from me, but it does not include the overdraft interest they have taken from me which is another £202.06.

 

Am I right in thinking that I should reply to this with a letter accepting that amount, but on the understanding that I shall pursue the remaining £202.06 in court.

 

If this is the case, should I give them another chance to offer the full amount or just immediately file the court action?

 

Finally, if I do enter a court claim on the remaining amount, what should I calculate the 8% interest on?

 

Many thanks

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Personally i wouldnt chase the interest if you haven't actually gone through the courts. I'd double check you've calculated it correctly as well, seems high.

HSBC £2883.42 - Settled in full out of court.

A&L - DPA sent, until 15-07-06 to comply.

NatWest DPA sent, until 15-07-06 to comply.

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I calculated the interest based on 18% which was their overdraft interest rate at the time, on a cumulative scale, so that every time I was in my overdraft up to and including the amount they had so far taken in charges, I would add that interest to the total. I was in overdraft the majority of the time. I believe this figure is true to the best of my knowledge but if HSBC aren't happy with it I'm sure they could calculate it more accurately. I was actually playing it a little on the safe side so, if anything, I would imagine I underestimated it.

 

I feel that I have a right to this money, as it's what they have taken off me due to taking unlawful charges. This interest does not include the 8% that would be added if I went to court.

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Anyone else got any thoughts on this. As happy as I am that the charges will be refunded, I feel that they have still won in a way if I do not pursue the rest, but if it's unlikely I'd have much of a case for claiming the overdraft interest charged on these charges then obviously I will not pursue it.

 

Any thoughts would be much appreciated:)

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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I calculated the interest based on 18%

 

I believe the amount in interest that you can charge is 8%. However, if I was you, Id take the refund and drop chasing the interest.

 

Id drop the interest part mainly because you have used an incorrect rate (8% is all you can claim by law) and its probably not worth your time to chase such a small amount anyway.

 

Regards

 

Mailman

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My interpretation of this was that the '8% interest' is what you can add on to the total charges using that spreadsheet in the Library section - only if you claim through court.

 

That 8% is what would have been accruing on the money that would have otherwise been in your account (the charges) if the bank hadn't nicked it!!

 

I think the overdraft interest that you are speaking of can only be claimed back if you went overdrawn as a direct result of the bank charges... It' quite complicated to be fair & I haven't even bothered to try to figure it out myself 'cos it looked like only 12p-80p per statement. I think the amount is at the bottom of the statemnts 'interest charged'??

I hope this helps :p

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Actually the legislation I was thinking of was the late payment legislation, which as we all know :p only applies to business to business relationships!

 

So, Im not actually sure what you can charge as interest however Id say that the amount you would have lost from that money not being in your account would also be bugger all (as most likely the bank was only paying you 1 or 2% interest anyway).

 

Mailman

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I calculated the interest based on 18% which was their overdraft interest rate at the time, on a cumulative scale, so that every time I was in my overdraft up to and including the amount they had so far taken in charges, I would add that interest to the total. I was in overdraft the majority of the time. I believe this figure is true to the best of my knowledge but if HSBC aren't happy with it I'm sure they could calculate it more accurately. I was actually playing it a little on the safe side so, if anything, I would imagine I underestimated it.

 

I feel that I have a right to this money, as it's what they have taken off me due to taking unlawful charges. This interest does not include the 8% that would be added if I went to court.

 

There is a line of thought that you should be able to claim interest at the same rate as the bank would charge if you borrowed money off them. This uses the principles of mutuality or reciprocity - therefore if it is a contract term that applies to one party - then it should equally apply to the other.

 

I am currently testing the water with my claim against Abbey, and if you are using that principle then the interest can be claimed with your initial approach for repayment.

 

As I said, this approach is testing the water - and when it comes to filing in court, it would be advisable to include an option in the claim that should this principle not be accepted, then you would wish to revert to the 8%, as per the County Court Act.

 

 

 

 

 

 

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Thanks for the replies.

 

As this seems to be a bit of a grey area, I think I will just accept the total refund in charges and let them keep the overdraft interest that they have taken due to these charges.

 

At least I will have got most of what they have (edit) back which is a good result.

 

Thanks again for all the help:)

 

moderated: please do not post what may be seen as libelous comments on this forum please ,this is to protect the site

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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No - you are right. The interest that they have charged you on the charges shouldn't have been levied either. If the charges were not taken, then there would be no interest on them.

 

I would write back saying "thanks for the offer, although you seem to have missed the interest that you charged on the charges (at the excess rate, if it is). If you agree to pay this back as well, then I will not continue with my legal action.

 

If you refuse, then I will start action immediatly."

 

Or something along those lines.

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Ok, well I think I'll have a go at it. Ultimately there is little to loose and I think it is important to stand up to them. I have drafted this letter. Any comments?

 

[My Address]

 

[Their Address]

 

19 May 2006

 

FINAL LETTER BEFORE ACTION

 

Dear Mr. Pretty

 

REF:*********

 

Many thanks for your letter dated 16th May offering a partial refund of my total claim.

 

As you are aware, in the period between February 2002 and January 2005, I had a total of £927.50 in ‘fees’ which were applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth. Whilst the circumstances in which these fees were applied may well have been set out in the terms and conditions of the account, the fees themselves are unlawful at Common Law, Statute and recent consumer regulations.

 

As my account was frequently overdrawn during the period in which these fees were applied, I also request that the overdraft interest that was taken from my account, on the amount of these fees is repaid. Had the fees not been taken, the overdraft interest on these fees would also not have been taken. I have calculated the total of this interest to be £202.06.

 

I am willing to accept the payment offered by you for £927.50, however, please be aware that I will still pursue the remaining £202.06. I require the full amount to be repaid within 14 days. In the event that this is not fully complied with, I will begin a claim for any of the total £1129.56 that is still outstanding.

 

Please also be aware that, should a court claim be required, the amount outstanding will also include interest at a rate of 8% as allowed by section 64 of the County Courts Act (1984).

 

I look forward to resolving this matter.

 

 

Yours sincerely

 

 

 

Mr Damon W Oldacre

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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