Andy B v's hsbc About Ready to go.....(ish)

[andrewjb2]

Hi everyone,

 

I have a HSBC Personal Bank Account. Just spent the last 2 hours, down loading my last 6 years of statements from the HSBC website, 3,2k's worth of charges!!!! I have filtered out the date and just left what appears to fees.

 

Im just about to write my Preliminary approach for repayment and have a couple of questions i hope someone can help me with.

 

• There are a number of £10 'card abuse fees,' can i claim them??
  
• I have noticed a number of different addresses on the site and in peoples posts. Where do I send the letter to? local branch or a central office?
  
• reading the Prelim template I dont understand the following section,

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

 

do I have to calculate the interest?

 

Sorry if these are simple questions but im going through quite a steep learning curve. Reading and studying the site seems to be generating as many questions for me as its solving

 

Any advice would be greatly appreciated.

 

Thanks

[lateralus]

hi andy, read this:

Sticky: Charges description on statements - Please Read

then try my post to honey on this thread HONEYGIE sees you HSBC!

honeygie

 

 

as for the address, local is fine for now. remember to send all post recorded delivery.

so, give it a go and if you still don't get it - get back to us. really, we've all been there.

[andrewjb2]

Thanks lateralus,

 

Im getting somewhere now, all the numbers in and added up amounts to following:

 

Total Penalty charged; £3242

Interest on Penalties: £363.82

 

Now heres what I dont understand...

 

The interest on penalties is exactly the same, (after the first 10 months) as amount as the interest i have been charged each period. I cant get my head around how i can claim the total amount of interest im being charged each period, interest for my overdraft that i have agreed to pay???

 

Im sure im missing something but cant quite see what...

[Guest bong]

Hi Andy

 

it is probably working out like this because after 10 months your overdraft is made up entirely of charges!

[andrewjb2]

Thanks bong,

 

I think i get it now.

 

OK, ive filled in Vampiress's advanced spread sheet and have the following numbers:

 

Total Penalty charged; £3242

Interest on Penalties: £363.82

 

are these the 2 figures in need to input ito the prelim letter?

 

Letter is typed and addressed to my local branch, am i ready to go???

[andrewjb2]

sorry folks one last thing,

 

when entering 'account balance on interest date' onto Vampiress's spread sheet should i enter the most overdrawn value for that charge period if my account is in credit on the 'interest date?'

[Guest bong]

Thanks bong,

 

I think i get it now.

 

OK, ive filled in Vampiress's advanced spread sheet and have the following numbers:

 

Total Penalty charged; £3242

Interest on Penalties: £363.82

 

are these the 2 figures in need to input ito the prelim letter?

 

Letter is typed and addressed to my local branch, am i ready to go???

 

yes these are the figures you use in the letter

[Guest bong]

sorry folks one last thing,

 

when entering 'account balance on interest date' onto Vampiress's spread sheet should i enter the most overdrawn value for that charge period if my account is in credit on the 'interest date?'

 

that wouldn't be accurate. you would need to work out your average balance over the month.

[andrewjb2]

i have worked out the averages and all end up positive, so i may as well leave the sheet as it was.

[Guest bong]

i have worked out the averages and all end up positive, so i may as well leave the sheet as it was.

 

yes, when I had months like that the interest wasn't usually very much anyway so I just omitted it because it didn't add to the claim.

[andrewjb2]

Hi,

 

Sent the prelim RMSD, which was delivered at my local branch. No response. Then sent My Letter Before Action on 20/12/06. In between Christmas and New Year i received a standard letter from Leeds regarding my first letter.

 

I have just been online to co chek the delivery date of my letter before action and it has not been delivered. the text on the royal mail site states:

 

We have tried to deliver your item from our HINCKLEY Delivery Office before 05:29 on 21/12/06 and we have left a while you were out card.

 

It looks like the branch has made no attempt to collect the letter from the royal mail dsorting office, which is 100 yards away!

 

Im really not sure what to do now.... any advice?

[andrewjb2]

Hi,

 

Sent the prelim RMSD, which was delivered at my local branch. No response. Then sent My Letter Before Action on 20/12/06. In between Christmas and New Year i received a standard letter from Leeds regarding my first letter.

 

I have just been online to co chek the delivery date of my letter before action and it has not been delivered. the text on the royal mail site states:

 

We have tried to deliver your item from our HINCKLEY Delivery Office before 05:29 on 21/12/06 and we have left a while you were out card.

 

It looks like the branch has made no attempt to collect the letter from the royal mail dsorting office, which is 100 yards away!

 

Im really not sure what to do now.... any advice?

[fatboydukey]

Hi

 

I would probably suggest sending it again because the sorting office only keep recorded items for 1 week before sending back to the sender. I just made a claim to the Post Office as a 'special delivery' letter was delivered late - I got back £4.10 today!! lol! Wish it was that quick getting the bank charges back!!

 

Hope this helps

 

Fatboy

[Guest Battleaxe]

I would have sent the letter to HSBC Corporate office rather than the branch office, This way you are not relying the branch to pick a lewtter up. just a thought.

[Guest bong]

I'd advise you to send a copy (seeing as you know they haven't had it)and say you've discovered that this wasn't delivered and give them another 14. Just my opinion, if you'd sent it normal post you'd never have known it hadn't arrived but seeing as you do know I think it would be reasonable to give them notice of action, in the eyes of the court.

[stringernicy]

I might be able to help slightly, you say you sent your letter RMSD [ROYAL MAIL SPECIAL DELIVERY] I happen to work for R.M. When a calling card has been left and the item is returned to the sorting office it is kept in a secure locker for three weeks. I suggest you ring your local sorting office and ask for it to be redelivered, it wont cost you any extra. good luck.

[andrewjb2]

Update.... After checking the letter from HSBC it is in response to my 2nd letter dated the 18th December. So it seems the letter was delivered, even though Royal Mail dont seem to know that.

 

Im now gonna try to get my head around the MCOL site, cant wait!

[andrewjb2]

Hi, I am about to submit my MCOL and have a couple of questions:

 

What address do I use for HSBC? I have sent my prelim and LBA to my local branch, received what looks like a standard reply from Colin Langdale at Leeds and also have a registered address of Canada Square, London.

 

On my MCOL particulars am I correct in thinking that I should calculate the daily interest rate without including the S.69 8% interest in the total?

 

The Date of the first charges I am claiming for is 15/12/2006, as this was the date I started with my prelim letter. That is more than 6 years ago now, can i still claim, for the transactions between 15th Dec 2000 and today. If not what should i do?

 

Do i need to indicated 'yes' or 'no' to the following question on the MCOL site: Do you want to reserve the right to claim interest?

I have detailed my s.69 interest in the particulars of claim

 

Any advise would be appreciated....

[andrewjb2]

Hi,

 

Think I have worked out the answer to my first 2 points, still struggling with these though:

 

The Date of the first charges I am claiming for is 15/12/2006, as this was the date I started with my prelim letter. That is more than 6 years ago now, can i still claim, for the transactions between 15th Dec 2000 and today. If not what should i do?

 

Do i need to indicated 'yes' or 'no' to the following question on the MCOL site: Do you want to reserve the right to claim interest?

I have detailed my s.69 interest in the particulars of claim

[lateralus]

hope you found the hsbc main address at the bottom of all your statement - head office, canada sq. is the address to use.

if you used the spreadsheet (simple) one, it will have figured the 8% for you.

go ahead and include that first charge - it may get through -or dg may strike it - but go ahead and include it.

and yes. tick, yes.

the particulars is the hardest part - simply because of the limited amount of space they allow you - try looking at the template just below the library section above. if you still have probs, i'm happy to pm mine to you as another example. we aren't supposed to just put them on here - but i'll pm mine to you gladly.

anything else? (most important part - don't laugh - get yourself as claimant and hsbc as defendant - some get it the other way around!

[andrewjb2]

MCOL completed and submitted yesterday nearing on 5k.

 

The template I used for my claim particulars stated that even though I had sent HSBC a schedule of the amounts ,I will be sending it to them again. Is there a letter template I should send with this?

 

Thanks

[lateralus]

you will shortly (a couple of days) receive a notice of issue from the court - use the date on that to count your days, they have 14 to acknowledge - which they most likely will, you will then receive a notice of acknowledgment (by the way, this gives them another 14 days, so that's 28 in total), but on the ackn., pg 2 they tick their intention to defend in full, at that point - send the court 3 copies and dg solicitors (acting for the bank) 1 copy of your breakdown - on both: reference your claim number. use the addresses in the acknow. the court in nottingham and dg's address. that's all you need to do for the moment.

[andrewjb2]

I have the Acknowledgment of service from the court, suprise suprise DG are defending.

 

Just to be sure I understand Lateralus's comments, is it just a case now of sending copies of my Breakdown to the court and DG's, should there be a covering letter? No one has requested any docs.

 

The date of service and acknowledgment was 11th January. Does anyone have an idea what will happen next.......

 

Thanks

 

Andy

[nettyg]

hi andrew

you're at about the same timescale as me - mine was acknowledged 17th with the same nonsense that they intend to defend all of the claim. Yep just send copies of breakdown (2/3 to mcol and 1 to dg) then give a couple of days and start phoning dg to make sure they have them. Lateralus advised at this stage, while we're waiting for the defense bumph to arrive - help out the newbies and get them up to the stage where we are now.

good luck and fingers x's with your claim - keep me posted

netty

[andrewjb2]

Which worksheets do i send to DG and MCOL,

 

the 'charges and interest' sheet

the ' 8% interest' sheet

or both???

 

Is this text ok for my letter to MCol that will accompany the letter:

 

Please find enclosed a schedule detailing the amounts involved in my claim against HSBC.