Maniac886 V HSBC

[maniac886]

Just a quick question..... I sent the prelim with the attached charges to HSBC but unfortunately some statements were delayed by a week cos of royal mail.....I have found that I need to add another £200 in charges and I am not sure what to do?

[lateralus]

i would check and then check again - b ecause you don't want to do this too many times, it really isn't too important at the prelim stage as the verrrry seldom take any notice, but by the lba you really don't want to be making amendments. i think - just hang on til the 14 days have passed and then send your lba according to the template with maybe one additional sentance, like: please find attached a revised schedule of charges and at the top of the schedule - put revised schedule of charges and put a date on it. unless someone thinks different - just let it go until the next letter but use the time to go over your statements with a fine tooth comb.

check this link again Sticky: Charges description on statements - Please Read. and - what have you done about overdraft interest - have you included it?

[maniac886]

Well I have gone through all my statements now for the last 3hrs and am 100% sure I have not missed any charges. However I have not included overdraft interest as I find it too confusing and I know i will mess the whole thing up if I try and work out how much interest they owe me.

[lateralus]

welllll, as you have a few days to wait before sending off your lba with "revised" schedule, just have a little lookie poo at this thread - i'm now calling it my idiot's (referring to myself i hasten to add) guide to interest.

i wrote it for one person and she got it - so i've sent it to several others and - well, just have a looksee.;

ok, take it from the top. you have all your statements for the last six years, right. go through them and mark all the charges: Charges description on statements - Please Read this is the list of charges you can claim for. now, next to those charges there is often an debit for "interest". so, as you are marking all the charges, mark all the interest items as well. look at everything with a DR next to it, if it is on the list in the link, mark it, and all the interest with DR next to them.

then, go to:6. Interest calculation spreadsheets go on England, Advanced - Works (or excel) to get the spreadsheet. now, at the bottom, click on Charges & Interest. this will bring up a blue and yellow spreadsheet.

start with the oldest item marked on your statements and start entering them, the date listed on the statement, next column the charge - just call it exactly what the bank called it and next column put in the amount.

when you come to an interest one, move tab to the right hand side and put in the date, the interest, the balance at that point (here i will tell you that if the balance is in the minus numbers, a portion of the interest will go onto the spreadsheet - if you are not in negative balance - nothing of that interest will be added - so you will only see an amount come up if you have a negative balance at that point). as for the agreed o/d amt.

(i don't think this column was in there when i was doing mine - so try leaving it blank - if this messes it up - you will have to ask someone else what to do with it)

proceed through your statements from the oldest to the newest adding on all the charges and interest debits. you will see a total emerging, one on the left side and another on the right side. at the end those are the "you have taken £XXXXX(left side) plus £XXX(right side) which you have charged me in o/d interest.....total £XXXX.

That's about as clear as I can make it - i don't claim to understand it - it just worked for me. This is the information you will need for your prelim. letter and the spreadsheet is your schedule of charges.

 

more info but not for the prelim. and lba letter:

when you have the spreadsheet done that far, you can click on the 8% button at the bottom and reenter it all again with the date (put a date about 30 days from now - that way, it will be figuring your 8% interest that you can add at the mcol stage at about the same date as you will be filing) it figures the 8% for you based on how many days have elapsed since you incurred the charge. this gives you the 8% interest you will add when you file your mcol.

 

i have to tell you again maniac - i am completely useless with this stuff - it is very step by step. let me know how you get on with it. after all - the interest is money THEY charged you on money you didn't have in the right place at the right time because of their policies - all very unfair - why let them have it and why let them get away with it.

 

again, i really never understood what i was doing - just followed the step by step instructions at the top of the site and honestly - the spreadsheet was pretty simple - even for me and i'd never done anything like it before

[maniac886]

Haha I will try and do this but it will take me ages.... I have a question though. As i have seperated all the statements that have got charges on them .....can i not just look at the interest charges on these?

[lateralus]

you could, but just leaf through the others and look for anything with a DR next to it and make sure it isn't something you should be claiming for.

really - the spr/sheet took me about an hour - and it had like 85 entries on it and believe me, i'm slow......

[maniac886]

Just a quick update, I have sent the LBA with the new totals but they have ignored it so its time to file a claim.

 

I have a quick question though:

 

In the Money Claim On-Line (MCOL) Particulars of Claim I am unsure of the correct daily rate of interest to claim, in regards to this section:

 

continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

Basically the figure i get when i times total charges by 0.00022 is different to the one on Vampiresses spreadsheet. Which one should I be using??

 

The total claim is £447.50,

447.50 x 0.00022= 0.09845 V Vampiress spreadsheet which says 12.16p

 

Which one is correct??

[lateralus]

it's the figure on your breakdown of charges - before adding the court interest times 0.00022, my claim was for about 2000 before int and court fee and it came out to around 45p per day - just so you have something to compare it to. also, maybe it's because of the date you put on the s/s? when i did mine - i tried to figure when the claim would be going in and used that on the s/s. i'm really not very good at the s/s stuff (thus my step by step approach i send to help others like me) but if it's not something like £5/day, don't think it matters too much (very slip slod of me) just use the formula and not on the interest - that may be the difference. good luck, every step is a step closer to getting your money.

[Guest ian cognito]

447.50 x 0.00022= 0.09845

 

This is the correct formula and I have checked your maths so use this figure.

 

Not sure how vamps spreadsheet works it out so best sticking with what the court say.

[lateralus]

whoa...........i must been hungover, i never even saw the calculations!!!! i'm going back to bed.

[maniac886]

Thanks lateralus and janquinny but can i confirm the following

 

return of the amounts debited of £447.50; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.

 

 

S.69 County Courts Act of 8% - £107.55(according to vamps spreadsheet) calculated by the spreadsheets

 

at a daily rate of £0.09845

 

Are these statements correct?

[Guest ian cognito]

The daily rate is correct, checked it again (no I don't trust myself either), the rest depends on your charges and the dates but the spreadsheet worked for me so they should be right.

[maniac886]

Hi, I just need some advice. I filed a claim online around the 2nd Jan. DG Solicitors have now acknowledged this . However I recieved a settlement offer of just £220 from HSBC today(in repsonse to my prelim sent on 27 nov). As I have already filed the claim this is not enough and so I will be accepting this as part settlement, however I am confused as to whom i write my reply to DG or HSBC. Also how do I make the court aware that I have accepted the part settlement, by letter/phone and should this only be done once the money is in my account?

 

 

Thanks

[maniac886]

bump...anyone....thanks?

[lateralus]

you write the letter to the sender (hsbc), use the template letter in the library for rejecting an offer and include that you have already filed and it will now require xxxxxxx for you to halt the claim (full amount including interest and court fee)......you are accepting it as partial payment - it will disappear into the ether - you don't get it - you are showing willingness to accept it as partial - but that's the end of it.

you are now dealing with dg (don't need to tell the courts you've accepted the partial offer - only if you actual got any money) dg haven't offered - so the courts don't want to know yet.

 

have you sent copies of your breakdown to the court (2 copies) and 1 to dg both referencing your claim number. you should do this if you haven't already.

[maniac886]

Hi, thanks for your reply. I have already sent a copy of the schedule of charges to both DG and the courts. So this basically means, at this point, i just need to send a reply to HSBC accepting the payment as part settlement and will be going for full amaount?

[lateralus]

funny this, i just wrote nearly the same message to gordylar - i think they are trying it on, seeing if they can buy people off - a scare tactic.

 

yes, just send this letter: Rejection of settlement offer and add that line from my post above saying...as i've received no positive respons... i have filed,... claim no..... it will now require... etc.

 

so, your date of service is about 7 Jan? (check your notice of issue), and they've acknowledged, right, so they get 28 days - keep an eye on the mcol when that date gets close - they will probably defend, but if they don't - you press for judgment.

if you wanted to be a bit more proactive - you could ring dg and ask if they have received your breakdown details.

[maniac886]

funny this, i just wrote nearly the same message to gordylar - i think they are trying it on, seeing if they can buy people off - a scare tactic.

 

yes, just send this letter: Rejection of settlement offer and add that line from my post above saying...as i've received no positive respons... i have filed,... claim no..... it will now require... etc.

 

so, your date of service is about 7 Jan? (check your notice of issue), and they've acknowledged, right, so they get 28 days - keep an eye on the mcol when that date gets close - they will probably defend, but if they don't - you press for judgment.

if you wanted to be a bit more proactive - you could ring dg and ask if they have received your breakdown details.

 

 

They have till the 1st Feb to defend so not long now! Incidently I have another HSBC account which i was claiming around £750 and today HSBC have written saying they will give me £680. They are lucky as today is the deadline for filing a claim! I will accept that offer as £70 is not worth going to courts for!

[lateralus]

and quite possibly saved your account - if that's an issue - as hsbc tends to close accounts when a second claim is filed.

[maniac886]

Hi, just wanted advice. HSBC have given me a credit of £223 as GOGW. I am still owed another £300 and have already agreed that the £223 be part payment. My question is , as this is still in the mcol stages, who should i contact to say i have been payed some of the money back?

[nettyg]

hi

you could send them a letter accepting the offer as only partial settlement and as you have filed a claim with xxxxxx court - you will continue until full and final payment has been received

[juswillson]

I have just done my spread sheet and it works out that I will be claiming appx 5k, do you know if the bank will close my account if I go through with this?

Jay

[nettyg]

my claim is over 5k - the small claims court don't set the 'up to 5k' in concrete so when you get to file your claim on mcol (if that's the route you are taking) you can specify on the form that it should be dealt with on small claims. i presume that this would be exactly the case with N1 form at your local court too. don't worry. i was advised even if it went to fast track - we'd still win as hsbc would then be forced into standard disclosure, and they just don't want to do this by any means.

netty

[maniac886]

Hi, prior to defending the claim hsbc have put in £223 into my account. I have already send them a letter stating that i will only accept this as part payment and would be claiming the rest. Now that I have recieved the AQ, where abouts on the form do I mention this, to make the courts aware that some of my money has been repayed?

 

 

Thanks

[lateralus]

personally, i would check my statements or on-line statements - just to double check that once you said you'd accept is as part-payment they didn't take it back - i can't remember the last time i saw them actually give what they were offering when you reject it as full and accept it as partial. so, assuming they actually gave it to you - and didn't take it back - i'd note it where you show totals saying total: xxx.xx - payment of 223.00 received xx/xx/07 = xxx.xx

 

also, ring dg - asking about your claim - and do they have your breakdown - i've a feeling they don't know it's outstanding. it's just different. ring them to see if they wouldn't like to take care of this small amount claimed before the aq is due. here's some numbers:0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150