Clare vs HSBC - round 2!!!

[Clare1981]

Hi all,

 

Wanted some advice, want to start my 2nd claim against HSBC for around £1000. For those of you who don't know I held off from claiming my charges from May 06 to Jan 07 because it would have gone over 5 thousand and the MCOL fees would have doubled!

 

So, the question being is, do I dare?!!! I want to because they are rightfully mine and the fact that our car has died and most of my first win has gone on a new car! And I was REALLY hoping for a holiday to Disneyland Paris for the kids birthdays in June!

 

Anyway, I'm waffling on now! I have the charge ready in a table to send, just need to amend the first letter I sent last time... a few questions...

 

1. Will they definitely close my account on the 2nd claim?

 

2. I have charges ready to be applied in January on the 14th but would like to send the first letter before this date, how should I word this on the letter?

 

3. Ummm... Ive forgot now.... ill be back!!

[Rooster-UK]

Hi, Clare.

 

Not definite closure but highly likely. Get a parachute account.

 

Blah blah charges from to plus any charges that are applied, subsequently up to and including the date of settlement.

 

Don't include any charges that have not yet been applied.

 

Regards, Rooster.

[Steviec100]

If they try to close your account, I would ask for them to put in writing why they are doing so.

Surely they are not allowed to close your account for claiming back money they stole from you?

[Clare1981]

Prob not but then they werent allowed to charge us these ridculous charges but they somehow did!!

 

Also, another one of my questions is that we have 2 other accounts with them, are they likely to close them too?

[nettyg]

Hi Clare

 

You're right about the charge being double. I've just been filling in my MCOL and the fee is £250!!! But i suppose i am claiming for just over £5k. As long as they pay it back i'll put up with it (that's just as long as i can find somebody with any dosh to borrow it off) lol..

Good luck with round 2 and happy new year

Netty x

[Clare1981]

Thanks Netty, and to you! Good luck!!

[Clare1981]

Okay... Im back!! Thought i could do it alone and not bother you lot but I cant!! I am so angry at the moment... HSBC wrote to sday they were closing my account as of yesterday... so my wages and hubbys wages have gone into a new account, Direct debits and s/o were being transferred and those that didnt or if it didnt happen in time would just be refused by hsbc and we would be wrote to and then we'd pay them another way!!

 

So yesterday, accounts supposed to be closed, they let 2 direct debits come out, leaving me way o/d and guess what?! Today they returned the d/d and charged me £25!!

 

Anyway... its along old story but basically I started my mcol on saturday for my second lot, its saying 'issued' and i cant remember now what that means! Do they no get 28 days? Or is that after acknowledgement?!

 

Also I now have this charge of £25 to add on plus they are intending to take out charges of £150 on the 17th of Feb!! Havent been able to include that as I havent paid it yet. And how can they take it if the accounts closed?!

 

Been on the phone so many times today and yesterday, they said it hadnt been closed as I was o/d but I emailed them a repayment proposal last week. Im going to send a letter tomorow as there is no way we can afford to pay off our o/d! Maybe when they give us our money back we will!!

 

I need some serious help!!!! Lats where are you??!!!

 

Sorry for any sp's or typos, in a rush, be back soon xxxx

[Clare1981]

Just bumping this up again?!

[nettyg]

hi clare

on the issued notice, it should say when it was 'deemed served'. you'll get the acknowledgement in a couple of days. it's 28 days from the date it was served. good luck

[gordylar]

Hi Clare,

good luck on the 2nd claim, juts a quick one apparently on watchdog the other night they were on about reclaiming bank charges and about banks closing accounts, and that it is illegal. they also said if this happens to contact them. Didn't see the program myself but my mum did and told me about it. Might be worth following it up if you fancy being a thorn in their side ;-) .

[lateralus]

also, crusher sent me some info on the financial ombudsman fining them if it happens (you could get £250) but i can't find it - try a pm to crusher - he'll tell you.

[sammy01]

Hi Clare1981- I'm wondering if I should claim again. Successful claim made about a year ago from HSBC. Since then several charges made amounting to £275.00. I understand that a ruling from FSA is due April I think, which is likely to recommend maximum of £12 same as with credit cards. I'm not sure if this will affect claims in any way

[nettyg]

i'm not sure it will affect claims already in progress sammy

[VeryTrying]

Sammy, as Netty says, nobody knows whether or not it will affect existing claims. But, if you don't put your claim in, you'll lose anyway!

 

So what's the best bet? Put in a claim and maybe have the payment reduced because of the FSA ruling (unlikely). Or do nothing and lose out completely (definite).

 

Why not go for it, and open your own new thread to let us know how you are getting on?

[Clare1981]

Thanks everyone, been offline for a while now but its great to be back and read your responses. I will see if I can find something on the web about the watch dog program, sounds interesting!!!

 

I think I am on about day 15 of the MCOL, defence due on the 29th so should be interesting to see what happens!!

 

Im not really that bothered about them closing my account, just abit worried as to how I am going to pay back my £900 overdraft!! I guess I will have to pay that off if I win this claim! Shame... could really do with a holiday!!!!

 

[Clare1981]

Okay... here I am again! In a major panic!! I have recieved a 'Notice of transfer of proceedings' form but it looks different to last time... attached is something headed 'Northampton county court' It has a case number and it says 'Before District Judge Murdoch' then 'sitting at Northampton county court....

 

It then says Without hearing

 

IT IS ORDERED THAT

 

1. The filing of an AQ be dispensed with in this case unless the district judge at the court of transfer orders otherwise

 

It then has a note which says 'Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply within 14 days of service of order.

 

What does all this mean and why havent I recieved an AQ, I also have a letter to forward breakdown of charges which Id forgotten all about so am faxing that tomorow.

 

Any help would be very much appreciated!! xxxx

[lateralus]

hi clare, how's little un?

here's a new thread i started because about 10 days ago we saw this happening.

New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

 

not to worry.

also, even though you aren't filing an aq you might like to read some of post 1 on this thread for some more info:

When you have filed your AQ................

 

see how that works for you.

 

 

and yes, send that breakdown asap!

[givememymoney]

Yeah try not to worry clare just a change in direction from the courts but it will still work out right in the end.

 

Also looks like you have the A-Team on your side!!!

 

'District Judge Murdoch'

[Clare1981]

Ha ha ha ha ha ha!!!

 

Ill try not to worry but I hate it when I dont understand whats happening!!

 

Thanks for the links Lats, ill read it later when I have abit more time!! x

[Clare1981]

Okay... now I have a letter headed "Notice of Allocation to the small claims track (Hearing)"

 

I am so confused right now, I think Im gonna cave!! This to me is like trying to understand a foreign language!! Im just lost, I dont know what to do or where to go and its scary!!

 

Any ideas?? I can type out what the letter says if need be, just dont want to do it now if I dont need too!!

 

TIA xxx

[givememymoney]

Sounds like that as your claim is over £5k then the judge wants to have a hearing to determine whether your claim should continue down the small claims track or be fast tracked. It might be worth giving a bit more info so we can be clear.

[Clare1981]

Thanks for the reply! Its not over 5k, my first one was just under 5k, I kept it this way so it stayed within the small claims court, this is the rest of the first claim and its for £1200.

 

Still want more info???

[givememymoney]

Ok a bit more info would be useful. Is this not a notice of your court date? Or perhaps a pre-trial review?

[Castlebest]

Some district judges try to force DG's hand by allocating the small claims fast track regardless of value, this is not a new thing it's been done before, it gives the court a little more control over the proceedings and as such is a good thing for us.

 

Clare, don’t worry, the court will tell you if they need anything from you and give you plenty of time to do anything you need to do and we will always be here to help you. You’re on the home leg now.

 

pete

[johnnymitch]

Hi Clare,

Just to put my two pennyworth in - my claim was under £1000 and the judge decided he was going for fast track with a telephone hearing - the telephone link to be set up by HSBC - scared them to death - they settled! So don't worry - fast track means if it did go to court you could get 'Standard Disclosure' of all their charges which they desperately want to avoid, so don't worry, - hold your nerve, stick to the procedures, be guided by Latty, netty & pete and you won't go far wrong.

 

All the Best

John