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Kopella v HSBC ***SETTLED IN FULL***


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Hi,

 

Have just started getting all my information together today & preparing to send Preliminary Letter, but i'm a bit unsure on a couple of things, can anyone help?

 

Where do I send the letter?? To my branch address or somewhere else??

 

Also, I have noted down all the dates and amounts of the charges, will this be sufficient if i just send it with the letter? they don't need copy statements do they as they will have all the information there??

 

Emma xx

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I sent mine to my local branch. Did the job. Did you put them into the spreadsheet. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html. Put your figures and charge type in the spreadsheet and send this with prekim letter. Dont add the 8% on at this time.

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ok, is Canada Square like the Head Office??? Do you think it'll be quicker to send it directly there or should i go to the branch first??

 

Also, i'm really confused with the interest thing. If i write down the interest charges from my account during the same months the charges were taken, it's not for the charges is it, surely that is itnerest for the previous month?? & also, i had an arranged overdraft with the bank at the time so some of the interest is for that, i'm really not sure which interest charges i should put in the spreadsheet & whether alot of that is just for the organised stuff and not to do with the charges :confused:

 

Please help

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Hi Kopella,

 

Firstly good luck, stay calm & be ready for a lengthy & rewarding ride! You will get there in the end.

1) Send it to your local branch. I did, as alot of people did on here, it will get its way to the right hands.

2) You can only claim back the unfair charges, like going over your overdraft limit and so on, you can't claim back the overdraft interest each month they have taken out. HOWEVER, when you claim back for the unfair charges, you get to claim 8% APR per year on each extortionate charge. So for example, if a year ago they took out £50, that is 8% of £50 additional money for you to claim. The link/excel sheet that someone has helpfully added here automatically adds up for you the added interest (as long as you put the dates in) you can claim on the amount the bank have taken off you. Hope thats clear im not gd at explaining!! I sent this attached to my letter on the ltr b4 action and then with the LBA.

Gd luck!

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Emma,

Here is something i made earlier: hope it helps:

 

boxxer(now emma), this business of adding interest is complicated (for some of us) because of two different "interests". go have another look at the bank template library - 2. letter prelim by bankfodder - here's the quote:

 

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 .

I enclose a schedule of the charges which I am claiming with this letter

 

now:

if you go to the spreadsheets you'll see there are two, the simple and the advanced. on the one with the blue and yellow columns - it has a place to include all those little interest charges from your statements and it will add a portion of the interest - depending, i think whether you were in credit when these occurred - anyway - the spreadsheets do all the work. all those little charges add up and that is how you come up with the "you have taken £XXXX plus £XXX which you have charged me in overdraft interest".........

 

after the prelim, and the lba, when you are filing your claim with mcol THEN: you use the other spread sheet which adds 8% to your total - but it's not a flat 8%, each item shows how many days from the date you incurred the charge to the date of your claim. again, the spreadsheet does all the work - so go back to your statements and mark all those little interest charges, then do the spreadsheet, then send the prelim - with a schedule of charges.

 

when in doubt - go back to the templates.

 

i hope that helps - it's how i did it - and i really don't understand it - just followed the instructions and it seemed to work.

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Hi,

 

Thank you for your help, I am just inputting my charges into this spreadsheet and have noticed that 3 of the charges over the 6 years are for only small amounts like £10, £11. This doesn't really make sense as it doesn't fit with the "pattern" for the rest of the charges but they are for the same thing & have the same title on the statement. Should I still include these?

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  • 2 weeks later...
  • 2 weeks later...

Hi,

 

Ok well i've done the Preliminary letter & LBA &had no response at all from the bank, I sent both letters recorded delivery to my branch.

 

Today is the day that I file my claim & am about to do that,but can someone tell me, is it normal for them not to respond at all? I'm slightly worried :mad:

 

Emma x

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ok, well I figured it's best to stick with the same address i've used uptil now. Have done my claim. Is that it for now??? do i need to send anything more?? I know it is probably stated on here somewhere & I have looked, honestly & it seems thats as much as I need to do but i'm quite worried as i'm not used to taking legal action against big companies lol :)

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Good luck Kopella

 

HSBC acknowledged my claim just over a week ago, and I've heard nothing else since. So it looks like we're playing the waiting game.

 

By the way, the same day they acknowledged, I received a reply to my LBA, stating that they would win if it went to court, but they were willing to offer me about 75% of my claim. I wrote them a lovely letter back stating that I had already issued the claim. Was far happier that way, as now I get all that lovely interest back too!

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I haven't heard anything at all from them yet, maybe I will receive a similar letter as you have over the next day or so. I will also politely decline if they do make any offer less than the full amount plus interest, the fact that they have totally ignored the letters has really irritated me lol.

 

Good luck with your claim too :)

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  • 3 weeks later...

HSBC's 28 days to defend are up on the 13th December... and I still haven't had even one letter from them. They have acknowledged the claim and nothing more. Fingers crossed they'll do nothing still and i'll win by default, if not i'll be on here panicking very soon :)

 

Emma xx

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have you sent a breakdown of your charges to dg. you may find this shakes things a little (or not) but may be worth a try. send them to the address and name found on your acknowledgment where they ticked their intention to defend with a notation of your claim number on them. some have done this - others just wait to hear - if you send them - it gives you a reason to call them next week to "just to make sure they received them"

about 6 weeks ago - i was confidently predicting the letter asking for your breakdown in the third week of your filing period (that would be this week) but they seem to be really stretched at the moment. regardless, that timeframe may still hold and that means you could hear from them any day now. good luck. keep posting

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Ok, I need to check what I should do here. I have gone through MCOL, HSBC acknowledged the claim but i heard nothing from them at all. The 28th day is Wednesday & I am happy to leave that date to pass, but am just checking. I received an offer this weekend, which was for the current full amount i'm claiming including 8% apr up to the date of the letter.. but not including my £120 court cost, obviously I want this paying for also, and they are asking me to sign to agree to confidentiality, which I am not willing to do. Do i write back saying that I will accept that as a partial offer but the interest will need paying upto the date the cheque is sent + £120 court fee, or do I just leave this until wednesday now as the date is so close & it's unlikely they'll respond & get a cheque to me before wednesday. Advise would be appreciated as i am a little unsure of how i go about this purely as the court date is so close.

 

Emma x

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Also, if I am awkward now & don't accept that offer which is only £124 short of the full amount... will it take loads longer to actually get the money & how long roughly??

 

Thank you in advance

 

Emma x :)

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It's entirely up to you what to do, if you think that the amount minus the court fees is an acceptable amount to you then you should accept.

Alternatively you could accept it as a partial amount and advise them of the full amount owing and that confidentiality is not acceptable to you.

 

If you decide to wait until wednesday for the judgement, you should get everything.

 

I would fax a letter to the solicitors and advise them of your intention to continue with court proceedings (if thats what you want to do) unless an offer of full repayment without confidentiality is received by first post tomorrow morning.

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Yeah, thats what I thought, but with them offering the full amount of the claim including 8% apr, the only thing they haven't included is the court costs, can i still not accept & say i want the court costs in order to settle before wednesday??

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