Lynpax Vs HSBC

[lynpax]

Finally got the nerve to do this (after threatening to do it for several months)

 

I sent the S.A.R on 12th October 06.

Recieved a letter on 26th October 06, saying the statements are on there way. Along with the cheque for £10.

 

6th November 06 - 6 years statements arrive.

 

Total Charges £1306.50

 

I've now got to get my head around putting all this onto the spreadsheet.

[lynpax]

I've listed all the charges on a spreadsheet now.

Do I send this with the prelim. request letter?

I haven't calculated any interest yet. Is this correct?

I'm sorry if i'm coming across a bit dumb!!

[lynpax]

Am I right to think that I can list all charges first, and send them them with the preliminary request.

And still add 8% when it comes to filing the claim with the court?

[cadencealex]

Am I right to think that I can list all charges first, and send them them with the preliminary request.

And still add 8% when it comes to filing the claim with the court?

 

You list all charges and interest they have charged you, and on which dates - but the 8% interest is omitted until you file the MCOL.

[lynpax]

Thanks. Prelim. Letter sent 1st class recorded to

Ian Shepherd

HSBC

Harry Weston Rd

Binley

Coventry

CV3 2TQ

[cadencealex]

Thanks. Prelim. Letter sent 1st class recorded to

Ian Shepherd

HSBC

Harry Weston Rd

Binley

Coventry

CV3 2TQ

 

Job's a goodun!

 

You're on the first step to getting your lolly back!

[lynpax]

Been away for a few weeks, but sent my LBA on 27th Nov.

I've checked with Royal Mail, and they recieved it on the 28th. So i've now got to get my court papers sorted. This is were it gets scary!!!:?

[lynpax]

Can I fill a MCOL in but not submit it til the 11th? Just so i'm ready, cos i'm off work today and aint got much time, over the following week, Thanks.

[babsp2000]

Hiya,

yup I did that....not one problem...you get to a stage where the next stage is submit so just save it there! That sounded muddled but I know what I mean...hope you do!

Babs xx

[lynpax]

Thanks.

[lynpax]

Just working on my MCOL. Having a nightmare trying to get the particulars of claim into 24 lines!! Eventually, is this Ok??

1.The Claimant has an account ******with

the Defendant, opened September 1996. 2.

Since 13/12/2000 the Defendant debited

charges and 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 £1306.50;(b)

Interest per S.69 County Courts Act 1984 of

8%- £224.73 continuing at 8% until

judgement or settlement at a daily rate of

£0.0022; 6. Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of

Goods & services Act 1982. 7. Costs allowed

by the court.

 

 

 

Thank in advance:D

[lynpax]

Also....when do i pay my £120?

[lynpax]

I haven't been able to file my MCOL, due to being skint over christmas, but got paid on Friday and was about to do it.

When I received my mail, there was an offer of £1236.65!!!

 

I think i'm gonna settle, its only £70 short of what i'm claiming.

[lateralus]

70 must be the new black this season - i just saw another- exactly that - 70 short but they are going to take it.

certainly can see why - on the other one - they wanted to settle with it into the account (maybe to clear o/d?), advised them to settle only with a cheque (depends on what you want/need). good luck and congratulations.

[lynpax]

Thanks.

[lynpax]

Can someone please tell me if I can start a new claim, HSBC took £100 last month in charges.

When I settled last time they sent me a letter to sign and return, i've checked what I signed, and all it says is "For commercial reasons alone, and without any liability whatsoever, HSBC is prepared to make a payment to you in the sum of £**** in full and final settlement of this matter"

 

Does the bit where they say "Full & Final Settlement" mean I can't claim agian?

[lynpax]

I've just noticed that I never told you I won, lol

Well they paid me all of it back anyway, and a donation was made.

[nettyg]

i believe on the full and final settlement letters dg send out, they state that you can't claim again for the period of the claim. that's not saying you can't claim again after though so go ahead. just be aware that if you do, they might close your account and it may be advisable to open another 'parachute' account just in case. good luck and congratulations on the last win/

[lynpax]

The letter was from HSBC, not their solicitors.

I'll try anyway.

Thanks.

[lateralus]

well done,

and please could you edit out your particulars in the post up above - the guys here ask we not put them in as it means people don't have to register. thank you.

yes, the acceptance up until recently said you couldn't claim for those charges again - as if......- but i think lately they are trying it on by saying can't claim again for that time period - which would be overstepping what they should put.

[lynpax]

Haven't posted for a while, just to let you know, I re-claimed again for the same account.

They settled in full after the Prelim letter.

[lateralus]

must have realised you meant business!

congratulations x 2!