Tara-M vs HSBC- MCOL, little advice needed

[Tara-M]

Hey peeps

 

I have sent my two letters and am at that all important MCOL stage, have been re-reading some of the threads and think I'm about good to go, however have a little concern-

 

I read somewhere that if you opened your account pre 1996 that you may not be covered by the act that we are basing our claims on. I opened my account in 1993, should I be worried?

 

Also, in the time I sent my letters HSBC have charged another £125 in over draft charges, can I add this onto my new 8% spreadsheet even though I didn't include it in the previous spreadsheets?

 

Thanks in advance!

Tara

[HSBCrusher]

 

I read somewhere that if you opened your account pre 1996 that you may not be covered by the act that we are basing our claims on. I opened my account in 1993, should I be worried?

 

NO

 

Also, in the time I sent my letters HSBC have charged another £125 in over draft charges, can I add this onto my new 8% spreadsheet even though I didn't include it in the previous spreadsheets?

 

I ADDED MINE IN, NO PROBLEMS. CLAIM IT NOW, AS IF YOU DO IT LATER THEY WILL CLOSE YOUR ACCOUNT

 

crusher

[Tara-M]

Thanks Crusher, will do, am just filling in the MCOL form now so will just go for it...!

[HSBCrusher]

Excellent!

 

please keep us posted!

 

Crusher

[Tara-M]

Agghh, Crusher I need some help, think it must be because it's getting late but I'm filling in my MCOL and i'm getting confused with the charges

 

On my spreadsheet my total bank charges claim is £1034, the total for the 8% bit is £75.84 therefore the full amount now seems to be £1109.84 and it's approx 24p per day according to the spreadsheet.

 

For the MCOL where it asks for total amount (so it can figure out how much court fees you need to pay) do I put £1034 or £1109.84??

 

Don't want to get this wrong so any advice would be much appreciated!

 

Tara

[HSBCrusher]

The 24p per day goes into the main text (when you click on the button it tells you the wording to enter) total claimed is just that, the total.

Have you claimed for the interest charged by the bank on those charges?

(trying not to confuse the issue )

[Tara-M]

Hi Crusher,

 

I haven't claimed for the interest on my charges (too confusing to work out) and now I'm wondering whether I've filled out the right spreadsheet for the 8% charges, the one I filled in was "from claim date with Statutory Interest" Is this the right one?

 

I've not submited my MCOL just yet, just want to make sure I'm doing everything right!

 

Look forward to your reply...

T

[Tara-M]

Hey peeps

 

Can someone please check this for me before I submit my MCOL online, this is the text for my claim:

The Claimant has an account (my acct no) with

the Defendant, opened April 1993 2. Since

14/11/04 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 £1034; (b) Interest per

S.69 County Courts Act 1984 of 8% - £75.84

continuing at 8% until judgment or

settlement at a daily rate of £0.24; 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.

 

What I'm concerned about is that I've got the 8% bit right i.e. point (b) £75.84 and 0.24p.

 

So, am i basically getting an extra £75.84 plus 24p per day on top of my initial charges until they settle?

 

Sorry just getting all jittery and am normally pretty clued up with this type of stuff!

 

Can anyone help?

T

[Tara-M]

Sorry to be a pain but can anyone help, am just filling in MCOL and wanna get it right, thank you!

[Guest bong]

Hey peeps

 

Can someone please check this for me before I submit my MCOL online, this is the text for my claim:

The Claimant has an account (my acct no) with

the Defendant, opened April 1993 2. Since

14/11/04 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 £1034; (b) Interest per

S.69 County Courts Act 1984 of 8% from xx/xx/xxxx to xx/xx/xxxx of [delete the -] £75.84

continuing at 8% until judgment or

settlement at a daily rate of £0.24; 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.

 

What I'm concerned about is that I've got the 8% bit right i.e. point (b) £75.84 and 0.24p.

 

So, am i basically getting an extra £75.84 plus 24p per day on top of my initial charges until they settle?

 

Sorry just getting all jittery and am normally pretty clued up with this type of stuff!

 

Can anyone help?

T

 

See amendment above.

 

I think the daily interest is 23p (just splitting hairs here!) its 8% on the charges divided by 365, not charges plus interest x 8% divided by 365.

 

Can't check the £75.84 for you because that is calculated by the spreadsheet from the date of each charge.

 

And, yes you get the interest and the daily rate until they settle.

[Tara-M]

Thanks Bong, really appreciate it you are a star! Can get on now and submit the MCOL! Watch this space...

[Tara-M]

Right then, I've submitted my MCOL, paid 120 quid, it's the final count down now.

Am guessing that HSBC will request a copy of charges etc, but just a waiting game now. Roll on Dec when I get my cash back!! Prob not much chance of getting it before xmas but I bet HSBC are trying to offer low settlements at the mo knowing that most people could do with the cash before xmas...

 

T

[Guest bong]

I'm rather hoping that they'll get into the Xmas spirit of giving and goodwill to all etc..

[Tigerpants]

GOOD LUCK TARA!!!!!!

 

Can I just ask a quick question. Mr Tigerpants, who I am doing all of this for, has had this account for about 22 years will we definitely be covered to make his claim. I know that you've said above that its ok from 1993 but we're talking about 1984, will that still stand?

 

TP

xxxxx

 

Sorry for the hijack Tara

[HSBCrusher]

Right then, I've submitted my MCOL, paid 120 quid, it's the final count down now.

Am guessing that HSBC will request a copy of charges etc, but just a waiting game now. Roll on Dec when I get my cash back!! Prob not much chance of getting it before xmas but I bet HSBC are trying to offer low settlements at the mo knowing that most people could do with the cash before xmas...

 

T

They make low offers in any case, its the silly games they play, but I think you stand a chance of getting the money for christmas.... heres hoping!

 

Tiger... You can claim back 6 years easily, no matter of when the account was opened. Mine was opened in the 80s.

[Abba_the_Horse]

Hey Tara

 

Just a quick good luck. I posted my MCOL just over a week ago, not heard anything from them yet. I am expecting a letter from DG asking for a breakdown of charges, and have even prepared a response (see my thread) to send them.

 

Here's hoping we hear back soon. I could really do with the money before Christmas, but am not banking on it.

 

By the way, I understand your worry about filling in the particulars of claim correctly. I had the same concerns... and then went and filled the form in wrong like a buffoon! That said, yours all looks fine to me!

[Tara-M]

Thanks guys, think I got the spreadsheet right in the end, better have done because it's been sent now! Fingers crossed for cash before xmas eh! HSBC owe me one anyway, they closed down my current account by accident last month when they were meant to close down an old joint account, the problems that caused!

 

Good luck everyone!

[HSBCrusher]

Keep us posted!

 

As I always say, no luck required, just knowledge and a bit of work!