GallagherLad v HSBC

[GallagherLad]

Great site, just about to start my claim against HSBC for £1500 (inc 8% interest)

 

I have online baking, added up all charges and added 8% using MSE interest calculator.

 

I read with delight the successes we are having on here, but cant help but notice a trend towards having to go to Court to settle. If the banks are setlling everytime, why go through the stages? Is this a requirement to send letter 1 asking, letter 2 threatening court, then issuing legal? Why not get to the point and go straight to court and remove weeks of work, which appear to be at no avail as more people have to get to the court stage before the bank gives in.

 

I suppose my question is can I go straight to MCOL and issue against HSBC?

 

Thanks for your help and time

[gizmo111]

Hi and welcome,

 

It is a requirement under CPR that the defendant is given enough notice to settle before court action - so no you cannot just issue a MCOL without contacting bank first.

In adding on the 8% - be aware thatyou cannot so this until you actually get to the stage where you file the claim.

 

Good Luck

[PKea]

You Need to have a good read of the FAQ.

If it was that simple there wouldn't be any letters. They are there for a reason.

Have a read through the threads in your banks forum and get well acquainted with the process first.

DONT RUSH IN

[GallagherLad]

Hi and thanks for the quick reply

 

The 8% is added as this is what the courts will apply, using Money Saving Expert templates, I thought this was a good negotiation tool also. I understand that this is doesnt have to be paid, unless the courts rule in my favour. They may give a % though, if settled prior to judgement.

 

Thanks for asnwering the question, I am guessing the letter required (as a minimum by CPR rules) the one that gives the bank 7 days to repond to the claim, or I will commence court proceedings?

 

I dont see the point of giving them 14 days to do nothing, but then you need to write another letter!

[GallagherLad]

You Need to have a good read of the FAQ.

If it was that simple there wouldn't be any letters. They are there for a reason.

Have a read through the threads in your banks forum and get well acquainted with the process first.

DONT RUSH IN

 

I have read FAQs thoughly, but I am trying to understand the need for the cat and mouse manouvers, unless absolute neccessary.

 

Just wondered whether you guys were being overly nice to the banks, I like to get to the point, thats my style naturally! If you are going to win anyway, why not give minimum notice and get the MCOL in early as possible? This money means a lot to me, so I need it back ASAP to pay of the other products the bank sold me to get out of the overdraft!

 

I am now much wiser with money, this just puts me back to square 1

[gizmo111]

You need to read the FAQ's - you write 2 letters each giving 14 days to respond - the 8% is not a negotiating tool and cannot be added until you file at court.

[Rooster-UK]

Gallagher Lad.

 

I think that you should think hard and long about what you want to do.

This site is nothing to do with and has no connections with the MSE site. Why are you posting about MSE methods on the CAG site.

If you want to use this site, fine. But do things our way using our letters and methods.

We have helped our users to reclaim £5,000,000+ so what is the problem with our methods.

If you want to use MSE methods, it's up to you, but when you take on a major financial institution with unlimited funds and an army of corporate lawyers and get it wrong, they'll have you for breakfast.

If you've used methods that are alien to our site, then we may not be able to get you out of the mire.

 

If you're stopping, then welcome....but do it right.

 

Regards, Rooster.

[livelylad]

The 8% is added as this is what the courts will apply, using Money Saving Expert templates, I thought this was a good negotiation tool also. I understand that this is doesnt have to be paid, unless the courts rule in my favour. They may give a % though, if settled prior to judgement.

 

 

Using this tactic will show a bank and their solicitors that you dont know what you are doing.

[barracad]

If you are going to win anyway, why not give minimum notice and get the MCOL in early as possible?

 

Simple answer - because if you don't give them notice you are liable to have your claim struck out, or have costs awarded against you (even if you win).

 

This is not a get rich quick scheme. There are no shortcuts.

[GallagherLad]

Thanks for all the advice

[MARTIN3030]

Hi your posts moved here from welcome section into HSBC bank group:)