Matt666051 Vs HSBC

[matt666051]

Checked through 6 years of online statments and have sent a prelim today requesting £3001.50 plus interest of £452.83 (used moneysavingexpert.com form to calculate this - very handy).

 

Lets see what happens now:!:

[Guest bong]

just checking - that wasn't the 8% statutory interest was it?

[matt666051]

No, I don't think so. :o :o

 

Reclaim bank charges: they're unlawful, so you can get six years money back | MoneySavingExpert.com

 

The calculator on here worked it out and I included a print out in my letter from the template there.

 

I used their template as it is the same ones a friend of mine recently used to get his charges refunded.

[claire78]

That was the court rate of interest that MSE was stating, which you are not enitiled to, and which we dont recommend that you try and claim before you issue court proceedings.

 

The interest you CAN claim at this stage is the debit interest that the bank has charged you on the charges.

 

I would send an amended letter with either the overdraft interest, or no interest stated immediately, asking that they disregard your first letter.

 

Good luck

[matt666051]

Oh, ok. Bit misleading on their website really.

 

Will do, thanks for the advice.

[Guest bong]

I've just checked out that link - it is the statutory interest. Be aware that you're not actually entitled to 'claim' this until you begin a court claim. Although it is in your letter and I wouldn't worry about it, I just thought I'd point this out so you know.

[Guest bong]

claire - just seen your post - I think the worst that can happen is the bank says "you're not entitled to that bit", it won't prevent the claim from proceeding to court eventually.

[matt666051]

So, just see what response I get from that (if any)?

[Guest bong]

The thing is it won't affect your right to claim at court, all it does is maybe give the bank the impression that you weren't that clued up about your rights, and thats assuming the person reading your letter knows what your rights are, but at the end of the day if they wanted to settle before court, which is virtually unheard of with HSBC, they would just deduct it. No harm done in my opinion.

[matt666051]

Well, no response from HSBC. No suprise.

 

Have drafted a letter advising of my intention to pursue the matter through the courts.

 

Maybe this will wake someone up and get them to at least responed to me.

 

-----------------------------------------------------------------------

 

I will not lie down and take a shafting.

[Guest bong]

Are you basing it on the CAG template LBA?

[matt666051]

This time I am yes.

[matt666051]

Modified

[matt666051]

I modified the ending slightly to try to get them to pay up minus interest which would be claimed at court stage.

 

"I require repayment in full of the £3,001.50. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice."

[Guest bong]

looks good. I'd insert 'court' in front of the word claim.

[matt666051]

Ah yes, good idea. Thanks.

[lateralus]

i did exactly the same thing 3 months ago and it affected my claim not one jot - when i wrote the lba - using template - i put something in like - as you can see this claim will escalate to xxxxx when the 8% is added when i file my claim. please find my revised schedule, blah, blah.

now, as you have that sorted out - did you claim the interest on the overdraft - if you didn't, i think you could still add it at this stage saying something like - as i have had no response from you on this matter - i have decided to include the overdraft interest which added to the original claim now stands at xxxx.

if you haven't added it already and want to have a go - i've written a little simplified step by step for the interest

HONEYGIE sees you HSBC!

it's post number 9. if you already have done it or are a whiz at spreadsheets - forgive my elementary approach.

[matt666051]

Thanks, I have noted earlier in my letter that if the claim went to the court stage I would claim the interest back but at this point I would be more than happy with the £3001.50 that I thought was gone forever.

 

Not that I worded like that to them. Don't want to show signs of weakness, otherwise they will be picking the flesh from rotting carcass probably.

[lateralus]

let me try one more time - it's me not you - bear with me.

on each of your charges - you may (or may not) have been charged interest on the overdraft itself, this is recoverable and at the level you are talking about, it would be well worth an hour figuring it out. my claim was for 1500 and the overdraft interest added another 250-300 to the claim.

THEN: the 8% interest you add on at claim level is levied on that total - which means it rises even more. if you haven't considered it, just look at that post i gave you above - in honeygie's thread. look back at your statements and see how many "interest" DR charges - then you will have an idea - it depends on your balance at the time as how much will come up on the spreadsheet as part of your claim but honestly, the spreadsheet does all the work. just have a look.

[matt666051]

Ahhh, I understand now what you mean.

 

Well my interest charges are fairly minimal they only amount to around £0.80 each month I had charges.

[lateralus]

then i think you do right not to include them.

are you allright with the 8% you will be adding at the claim level?

here is the spreadsheet link that figures it for youEngland - Simple - Excel

[honeygie]

hello matt... it was the same withme.. i think it all amounted to something almost £60...but i still included it... i figured they had the nerve to rob me of even a few pence... well i want them all back if they are rightfully mine.. i worked hard for that money, thank you very much... but then again it is up to you to decide.. goodluck;)

[matt666051]

Lateralus, I have calculated my 8% interest, was about £430ish, so in one way I wouldn't mind if it went all the way to final stages before they finally chicken out. But if they make me any sort of offer over £2,500 before xmas (yeah right) then i'd take it just to relieve all this stress.

 

Honeygie, I think the amount I would be cliaming in interest would be about that too, but as I have sent two letters already i'm gonna stick with it.

 

Thanks Both

[matt666051]

Well the MCOL went today (had to wait to get paid to afford it first)

 

Anyone got any advice about what to do from here other than keep my fingers crossed that they don't defend?

[lateralus]

you'll get notice of service from courts in a couple of days they have 14 days from the date of service (on the letter) to respond, shortly after you will probably get notice of acknowledgment - which buys them another 14 days(28 from the date of service). when you get the ackn. letter - send 3 copies of your breakdown of charges to the court - referencing your claim no. and send 1 copy to the person (if one is listed) on pg 2 where they tick the box - intend to fully defend..... send dg a copy of your breakdown - also a little cover letter referencing your claim number and a little addition for them charges+interest+court fee = total. then just sit back and wait (or, if you are the proactive type - call them about 3 days later and ask if they received your breakdown).. it's a waiting game after that. but all who hold out, get their money - so.....just have a little patience. you will get there.