rjgreaves V HSBC ***SETTLED IN FULL***

[moose73]

I have sent the initial letter to HSBC on 12th December asking for £460.50 of charges back. LBA will go on 26th Dec.

 

I was going to go down the 8% interest route at MCOL stage, but I am now wondering if contractual interest would be better (would be more!)

if so what interest rate is used on the spreadsheets? I have tried it at 15.9% but is that correct. On a different thread somebody had 29.8% (which is nice!)

 

Also would this have to then go N1 instead?

 

Thanks

 

Rob

[Michael Browne]

Also would this have to then go N1 instead?

 

 

Yes, because the POC space at MCOL is very limited. The two rates are probably authorised and unauthorised interest rates.

Look at this long thread:

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

[moose73]

I had look at the MCOL claim web site, under claim amounts there is box for solicitors costs:

 

Solicitor's costs

 

The following amounts for Solicitor's costs are allowed:

• Amount claimed is £25 or less no Solicitor's costs are allowed.
  
• Amount claimed is more than £25 but no more than £500 then a maximum of £50 is allowed.
  
• Amount claimed is more than £500 but no more than £1000 then a maximum of £70 is allowed.
  
• Amount claimed is more than £1000 but no more than £5000 then a maximum of £80 is allowed.
  
• Amount claimed is more than £5000 then a maximum of £100 is allowed.

Can you claim this for your own time? I think someone was charging £9.50 an hour for their own time IRC? can I enter £70 here or do I need an actual solicitor to claim this back?

[Michael Browne]

I think someone was charging £9.50 an hour for their own time IRC?

This was probably a fast track, multi-track or Mercantile case. These costs are not allowable in small claims.

 

do I need an actual solicitor to claim this back?

Yes and a solicitor is likely to charge more than the costs allowed.

[moose73]

Ok.

 

Thanks

[moose73]

dropped at bit of a boll-ck!:o

 

didn't put the overdaft interest into the spreadsheet.

 

I have now done this, and reissued the LBA (with the correct schedules of breakdowns) with a further 14 days before action.

 

Is this ok?:-|

[moose73]

quick question:

 

I have been dealing with DG for a credit card account that i had with HSBC and have a monthly agreement with DG through payplan for this.

As my claim is for a different account (My cuurent account) how does this affect things?

 

will DG settle but then pay themselves the money to the credit card account?

 

has anybody been in this situation?

[moose73]

anyone?

[moose73]

Quick update:

 

Filed MCOL claim for a total of £879 including court fees and 8% interest on 19/1/07. This has now been Acknowledged today.

 

I also sent a copy of the charges etc being claimed to the court. I think I should also send a copy to DG, but when do I do that, as I have had no correspondence with them?

 

Is there anything else I should do or just now wait?

[Michael Browne]

but when do I do that, as I have had no correspondence with them?

When you receive the Notice of Acknowledgement fom the court. Their details will be on page 2

[moose73]

thanks, will wait for that then.

[moose73]

When you receive the Notice of Acknowledgement fom the court. Their details will be on page 2

 

I received the notice of issue on 23/1/07 but not the notice of acknowledgement, however it confirms this on the MCOL web site as 22/1/07.

 

Shall I send the schedule of charges to DG or wait for this other form to be sent? (Will it be sent?)

[pharma rep]

yes send copy of schedule to DG ..I did this and it saves them asking for it at a later date..

 

hope this helps

[lateralus]

i bet you get it tomorrow - it's usually 3-4 days after it shows on mcol.

[moose73]

i bet you get it tomorrow - it's usually 3-4 days after it shows on mcol.

 

correct;)

 

got it today, said they would defend etc.

 

I have sent the breakdown of charges to them today.

 

Anything else I should do?

[lateralus]

not really, if you really want to be proactive - you can ring dg in about 3 days and ask if your breakdown has been received (back before the holidays, this was enough to spur them into action - but now the goal posts have been moved under the weight of so many claims, most are not seeing offers until the defense has been filed (28 days from the service date) between the defense and the due date for the allocation questionaire which is the next stage. - so, it won't hurt and probably won't do much but ring if you like - i usually tell people to ring after it's been defended - but ring, it might help)

another heads up: lately some people have been receiving offers from colin langdale at hsbc offering pretty much what you asked for but no interest an no court fees and this comes just after you file - i think it is a psychological thing to make you unsure of yourself. be aware, once you've filed the offer you want would be from dg not hsbc.

take up knitting.................

[moose73]

yep thats true, colin Langdale made an offer from my inital request, but it was just under what I was asking for, and shortly after my initial letter I revised it to ask for the overdraft interest back as well. I sent a letter back saying I would accept it a part settlement but I wanted the rest as per the latest schedule of charges which I sent him again. Never heard anything back from him after that!

[lateralus]

i bet you get one - offering full amount - pre claim figure - let us know. i like keeping an eye on their strategies. haven't figured out yet who gets them and who doesn't - i'm still working on that.

[moose73]

I have not heard a thing since the acknowledgement. I did send the breakdown to DG but that was Jan 26th.

 

Should I be getting the allocation questionaire?

 

They acknowledged on 22/1/07 and it was issued originally on 19/1/07.

 

What is likely to be next?

[lateralus]

the aq is what comes after they defend at the 28th day. i make that around the 16th for you - keep an eye on the mcol button - if it gets to the 28th day and it let's you press - then do so - usually they defend at the last minute and it will say you can't go further, that's when you'll get the aq stuff - check the deadline straight away - that's important to keep in mind.

[moose73]

In a similar position with Nationwide as well, started MCOL on 2/2/07. they acknowledged on 8/2/07.

[moose73]

the aq is what comes after they defend at the 28th day. i make that around the 16th for you - keep an eye on the mcol button - if it gets to the 28th day and it let's you press - then do so - usually they defend at the last minute and it will say you can't go further, that's when you'll get the aq stuff - check the deadline straight away - that's important to keep in mind.

 

As its the 18th today and should be more than 28 days, I tried to press the start "The defendant has not filed an admission or defence to my claim" ( which they haven't) but it says :

 

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

 

whats the score?

[nettyg]

hi rj

keep trying that judgement button, but i suspect they do not change anything until monday. ring the courts tomorrow and tell them that they haven't entered a defence - chances are, the court will give hsbc more time to do so

[moose73]

its a bit rum, 28 days should be 28 days!!

[moose73]

Phoned the court and they say its the 21st, (it will actually be at midnight, so 22nd really)