Lisa v HSBC ***SETTLED IN FULL***

[Lisa-19]

Hi there,

I'm fairly new to this. I've been reading the faqs, threads and user guides but have only started posting today.

 

I'm claiming back charges from HSBC for the last 6 years, on behalf of my partner.

 

I'm currently going through his statements and am slightly confused as to the difference in what the charges are called. Some say 'Charge' and some say 'Total Charges' - this isn't the total of the charges for the month as they don't add up (and it's clear to see that it's a seperate amount of money taken out). I was just wondering if anybody might be able to shed some light on this as this charge business is all new to me!!

 

I apologise if this question has already been addressed somewhere else, I have looked but unfortunately couldn't find anything.

 

Many thanks,

 

Lisa

[Dani]

In my experience, charge is like a dd or cheque which has bounced and they charge around £30 for the privilege.

 

Total charges is the amount they like to take monthly for been over your limit! In any event, claim for them all!!

 

Hope this helps!

[westwalian]

Hi Lisa

 

I've not long joined....just sent my claim to HSBC 7 days ago, no reply as yet. I've just entered everything onto the spreadsheet and see what happens!

[Lisa-19]

Hiya,

Just finished entering charges onto the spreadsheet (v. useful by the way - thanks) - claiming back to January 2003, charges totalling £1685.

 

Sending the prelim' letter tomorrow.

 

Fingers crossed, although I'm not expecting a response from what I've read anyway.

 

I can't wait........and it's not even my charges i'm reclaiming it's my bf's lol!!!

 

HSBC here it comes :grin:

[Would like it back]

Hi lisa. im new to. this site is so helpfull like a whole army of normal folk standing up for each other. All the best

[Lisa-19]

Well, I've finally started the ball rolling. (on behalf of my bf)

 

I sent the prelim letter to HSBC today, requesting a refund of charges totalling £1685.50

 

I'm determined to stick to my deadline and stick this out.......although I have to admit I'm abit nervous, knowing that it could end up in court :o

 

Anyway, just wanted to say thanks for everyones help and support

 

I'll keep this thread updated with any progress.

 

Thanks again,

 

Lisa

[callumsgran]

You're welcome Lisa, good luck m'dear

[Lisa-19]

OK, So the 14 day deadline for the prelim is up. The LBA (and charge schedule)will be going tomorrow

 

I'm getting quite excited now

 

Lisa x

[Lisa-19]

well i typed up the LBA and my bf signed it ready to go in today's post. I left him the responsibility of posting the letter. As he wasn't near a post office but was the near the actual bank where I sent the prelim (and the lba is addressed to) he decided to just take it in there. For some unknow reason he didn't quite understand "don't get into conversation with them, just tell them you want written correspondence" and they will be calling him back later today.

 

Basically, I just want to know if this will affect the claim at all?

 

If they do call tonight I will make sure my bf refuses to talk, asking for written correspondence only.

 

Any help would be much appreciated.

 

Lisa

[Michael Browne]

Doesn't affect your claim at all. And keeping everything in writing is best.

[Lisa-19]

Hi there,

Time for the MCOL, only I have to do it manually on the N1 form. So I've filled it all in, got it all signed and ready to go and I check my partners account only to see he's got a £45 charge due to be applied on December 14th. Can I claim this back even though they haven't technically taken it yet? if yes, how do I do it? do I add the £45 to the charge schedule and then add it to the overall total? Any help would be greatly appreciated.

 

Thanks

[Michael Browne]

Not until the charge is incurred,

[Lisa-19]

Hi there,

So I filled in the N1 form and took it (along with the schedule of charges) to the local court. This was last Friday (1st Dec') and I haven't heard anything yet. I was just wondering when the 14 days starts? was it from Friday? Monday? or does it start after I've had some sort of confirmation? Any help would be much appreciated.

 

Thanks guys.....I really wouldn't be able to do this without your generous support!!

 

Lisa

[Michael Browne]

MCOL is 5 days after filing, I assume local courts are similar. you can always phone and ask.

[Lisa-19]

Ok,so I spoke to the Court and they told me it was served on 6th Dec and that HSBC had acknowledged this which means they now have 4 weeks to enter a defence. Is this normal??

 

Also, I'm slightly concerned that I haven't received any information from the Court informing me of the progress of my claim.

 

Slightly anxious now!

 

Can anyone offer any advice to put my mind at rest?

 

x

[Lisa-19]

Hi,

I filled in the N1 Form and took it to the Court on Friday (1/12/06). I hadn't heard anything so I called them today and was told that it was served on 6/12/06 and that HSBC have acknowledged it which means they have 4 weeks to enter a defence. Is this going according to plan?

Also, I'm quite concerned that I haven't heard anything from the Court (even just confirmation that it had been served). Am I to assume this is just delayed post (possibly due to Christmas) or is this standard procedure?

 

Last question, I promise....... Do I just sit back and wait now??

 

I don't know whether to be excited or scared!!

 

Cheers,

 

Lisa x

[Kopella]

is going just as mine did, just wait for a response now, I heard nothing until today & the 4 week deadline for my case is in 2 days so don't worry if you don't hear from them, i think quite alot of people aren't hearing anything until right at the last minute now. & don't worry if you get a court paper saying that HSBCs' solicitors intend to defend the claim, that is normal too.

 

Good luck & if you're scared just come on here, it helps

[Lisa-19]

Thanks for that Kopella.

 

So would the 4 week deadline start from the 6th Dec, when it was served or the 8th when HSBC Acknowledged it??

Also, will the deadline date be exactly 4 weeks (making it early Jan) or later due to Christmas (bank holidays e.t.c) ?

 

Thanks again!!

 

Lisa x

[Kopella]

I'm not an expert & am not 100% but as far as I am aware, the 28 days is from the date the claim was acknowledged by HSBC, thats when I counted mine from. Also, the deadline doesn't change regardless of xmas, the banks solicitors may not respond promptly due to xmas & new year but the 28 day deadline cannot be extended. (as far as i'm aware, am not a legal eagle so am not 100% )

 

Hope that helps x

[Clare1981]

Yes this is totally normal, they get 4 weeks from the date it is 'deemed served'!

[Lisa-19]

Hi there,

So the N1 form went to the Court on Friday 1 Dec. The Claim was deemed served on 6 Dec and HSBC acknowledged it on 8 Dec.

 

I (well, my partner....technically ) received an offer of £1455.00 today. This is £350.50 short of what we asked (including court costs).

 

I honestly can't believe they actually made an offer!!! Wow!!

 

However, now I'm unsure as what I should do.....my instant reaction is to just take the money and run, but then I think well if they made such a large offer then why can't they just pay the rest? It's my partners £350.50, not theirs!!

 

The letter came with a slip to sign and return if we want to accept in full and final settlement. If I convince my partner to hang on for the rest, what do I need to send? and to where?

 

Thanks so much for all your help and thanks in advance to anyone who can help with the above questions.

 

I feel great now Woooo!!

 

Lisa xx

[Michael Browne]

Reply to whoever sent the offer.

 

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[Kopella]

Go for the full amount, as you said, it's not their money & if they were so certain they were in the right, they wouldn't make an offer.

[Lisa-19]

Well it seems as though convincing my partner to hold out and wait for the remaining £350 is going to be more difficult than I had first thought.

 

I think that what with the amount of publicity the subject is receiving at the moment (bbc news this morning and a programme on bbc 2 tonight) my partner thinks he’ll be the one the bank will make an example of.

 

Whether we settle in full or partial (if I get my way) I assume that the 28 days from when HSBC acknowledged the claim, still stands? (obviously I’ll retract the claim if we settle in full and final).

 

Either way it’s a great achievement which wouldn’t have been possible without this website or it’s ever helpful users.

 

Thanks again,

 

Lisa x

[Clare1981]

Good luck in whatever you decide to do!! I can understand where hes coming from but Id def. go for the whole lot!! Obviously its up to him and if he decides to accept then I can def see why!!