Gemz Vs HSBC

[lateralus]

HSBC Bank, PLC

8 Canada Square,

London,

E14 5HQ.

[Gemz]

thanks again, just submitting the claim now, very scared

[nettyg]

the address wasn't on any of my statements either but it IS on the back of any envelope that you receive from the bank

[lateralus]

also in the faqs - right side - bank contact details

 

you should feel quite proud of yourself - never filed a claim before - first time for everything - you mastered it right? - there you go!

[Gemz]

How do I find out how much the court costs will be to edit that into the claim?

 

"Do you want to reserve the right to claim interest?"

[Gemz]

Sorry I'm confused on the last bit, if I add the court fees in the main claim window, then it adds it on again at the bottom.

 

So is the amount in the claim without the court fees?

[lateralus]

i think that's right - it adds the court cost . yours is a smaller claim - don't think yours will be 120 - more like £30 or so?

so, yes, the amount inthe claim is with the interest but without the court fees

[Gemz]

*bump* Wanted to check this fully ....

 

The Claimant has held account xxxxxxxxxx since

2004. From Jun 04 to Dec 06, HSBC

has made 11 charges for: Overdraft Fees (when

debit balance exceeded specified overdraft

limit), plus interest charged on them. These

charges represent a penalty and do not

accurately reflect the Defendant's

administration costs. Further, they are

contrary to the Unfair (Contract) Terms Act

1977 s.4 and the Unfair Terms in Consumer

Contracts Reg. 1999 para.8 and sch.2(1)(e).

Further, they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Claimant claims from the

Defendant a sum equivalent to the total

amount unlawfully debited from the account,

being 690.89. Also claimed is interest under

section 69 of the County Courts Act 1984 at

8%APR from date of each charge to date of the

claim, total 47.38. Total with interest and

court costs is 738.27.

[Gemz]

i think that's right - it adds the court cost . yours is a smaller claim - don't think yours will be 120 - more like £30 or so?

so, yes, the amount inthe claim is with the interest but without the court fees

 

It's £80. Which do I click on the "do you want to reserve the right to claim interest?" question - yes or no

 

Then I'm good to go :o:D

[lateralus]

tick yes. looks fine.

[Gemz]

Thanks, all sent, so now I guess it's the waiting game.

[Gemz]

Got the Notice of Acknowledgement today

[nettyg]

hi gemz, on page 2, when you get your copy in the post, will be the date of claiim deemed served. it is that date that you start counting down your 28 days.

 

you're well on your way now.

[lateralus]

are you sure it's acknowledgment? that's very fast - you only filed tuesday eve. - you sure it isn't notice of issue?

[Gemz]

It was the Notice of Issue, got the Notice of Acknowledgement today.

 

Got confused

[Gemz]

Got another offer from HSBC today, £665 - have ignored it and filed it as evidence

[HSBCrusher]

be sure to accept it as a part offer.... there is a letter in the library for this purpose

[nettyg]

hi gemz

how u doin?

[Gemz]

Oh, I didn't know that - it wasn't in the step by step that I saw :o

 

Thanks HSBCrusher

 

I thought once it went to court it was an all or nothing

[Gemz]

I've looked through the library and I can't see the letter, help please

[sarah13]

think its this one http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html - its the one labeled letter 1 (there are a few to choose from)- hope it helps

[Gemz]

But we've already made an MCOL application, those all look like replies to earlier letters

[GuidoT]

If you have not done so already, as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[Gemz]

Now I'm totally confused, I have the notice of acknowledgment, it is dated the 8th February on the MCOL website.

 

Since then I have had a letter from Colin Langdale which makes no mention of the court process and offers £690.

 

So HSBCrusher said that I have to reply to this as an offer of part settlement - is that right?

 

Then I send the schedule of charges to MCOL and a copy to the solicitors?

[GuidoT]

I see that it covers all your charges, but as you have filed your claim it does not include interest or the court fee, as Crusher said reject the offer as here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

And send the charge schedule as my post 73.