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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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HSBC DEFENCE - Fees Vs Charges NEW TACTIC?


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I have been charged about £1000 by HSBC on my current account with HSBC.

 

I haven't totalled any of the other charges.

 

Can I claim for just the exceeding overdraft charges?

 

Also what should my schedule of charges look like ? Just a list of all charges with dates when debited?

 

Cheers J

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Hi petschs, here is the link for the spreadsheets http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html#post750

 

You can claim for just the charges you mentioned. If you don't want to use the spreadsheets then a totalled up list of charges with the dates and descriptions of charges will be ok.

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The charges you can claim are listed here

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

which are more than just excess od fees.

You should use the spreadsheets if you can, as you will then be able to add on the interest. You should be using the higher contractual interest rate too, this will punish the bank for unlawfully charging you!!!

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

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Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Shall I just simply list the charges I'm claiming with the dates on the preliminary approach letter?

As I was under the impression not to send the spreadsheet with interest initially.

Also - when/if I come to sending list with interest stage - what is the higher rate ?

Cheers

James

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One other quick question -

 

Is it ok to only claim for "exceeding overdraft charges" and nothing else?

 

Or do I have to mention every charge for it to work?

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  • 2 weeks later...

Do you have to claim overdraft interest aswell as charges?

 

I am about to send LBA - for 946.00 of charges - however because I generally got paid a day or two after charges were taken - the interest generated by being overdraw was minimal.

 

Can I just simply claim for charges + standard 8% (but not for overdraft interest)?

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Hi Petschs

 

Alot of people DON'T claim the overdraft interest (I didn't) as it can be complicated calculating it.

 

Make sure you don't include the 8% statutory interest until you file the claim.

 

Regards

for FAQs & Step By Step

click here

for Templates Library

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for Court Bundle

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________________

 

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here

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  • 3 weeks later...

Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

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Hi!

 

I believe you send them the new schedule of charges with the 8% on it now, but if you do it on line then you can't and you should have it to hand should the solicitors request it. You would have prepared it anyway to be able to put your totals.

 

There seems to be a few of us doing them today and tomorrow

 

Good luck

 

TP

xx

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

 

lol

 

no madder than the rest of us!

 

You wait now until their solicitors tediously request that you forward them a copy of your schedule - that is what seems to be happening on here. I've filed an MCOL too and am waiting for their response, although they have 14 or 28 days to do so.

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The Canada Square one

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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  • 3 weeks later...

Anyone been paid out by HSBC after MCOL and defend in full reply recently?

 

I had reply they are defending in full about 19 days ago - so they have 9 days to actually show me some sort of defence - and was just wondering if anyones just been paid out after this stage - recently!

 

Jimbo

 

HSBC Mcol'd for just over £1k

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Hi,

 

Yep loads have received either an offer OR full payout.

 

There is NO loggic to how they handle cases, sometimes thay pay quickly, others seem to be at the 23rd hour - and it is VERY frustrating, but stick with it !!!

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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  • 2 weeks later...

Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the amounts taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the charges taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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