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RaoulDuke

Raoul Duke V HSBC

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Hi All

 

I sent my PRL on **th December for £*** of illegal charges. I had a response from Colin Langdale on 22nd Dec saying they are investigating. I've heard nothing since, so I'm going to send a LBA today.

 

I have one question though, in the LBA template it starts with "I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]."

 

This is not strictly true as they have responded to my letter, has anyone any suggestions for a change or shall I keep it the same as the template?

 

 

Also am I right in assuming I don't add the interest on until it gets to the court stage?

 

Thanks in advance for any help.

 

Raoul

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Hi. Just change it slightly to say "that you have not responded positively".

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Adding interest is usually best done when you issue your MCOL. Hope this helps. Good luck.

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Thanks for that, I've sent it, although in my haste I didn't make the change to the opening line!!!

 

I've also had to add a line saying I'm still waiting for any notes on manual intervention.

 

The full letter is as follows

 

Mr Colin Langdale

Senior Service Quality Officer

HSBC Bank plc

Service Quality Team

Arlington Bus. Centre

Millshaw Pk La

Leeds

LS11 OPP

 

 

2nd January 2007

 

LETTER BEFORE ACTION

 

Dear Mr Langdale

 

 

ACCOUNT NUMBERS:

******

******

 

Your Ref: *******

 

 

I am very disappointed that you have failed to respond to my letter of the ** December 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £****

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the ** December 2006.

 

I also requested in my letter dated ** December “disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.”

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

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Good job. Keep us posted.

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Hi All

 

I recieve an offer letter from Colin Langdale dated 11th january 2007. It was £1306.50 less than my charges. The main juice of the letter is as follows:

 

"If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challange in relation to these fees.

 

HSBC is, however midful of the mamangement time and irrecoverable legal costs that it may incurr in relation to such a claim. For those commercial reasons alone and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £3467.00 representing the charges applied in full and final settlement of this matter."

 

According to my previous coresspondance I was going to submit my claim to the court on 16th January. Do I still do this or do I write back to HSBC (if I decide not to accept the offer)? Any comments on this or directions to a similar thread would be brilliant.

 

I'm going to look for some now.

 

Many Thanks

 

Raoul Duke

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Raoul, writen back saying you will accept this as part payment only on the clear understanding that you will pursue for the remainder.

 

File your claim as per schedule.

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Hi Stansfield and everyone else

 

Stansfield I really appreciate your help thanks.

 

Right I'm going to send this today, what do you think?

 

YOUR Street

Town

City

Postcode

 

 

16.01.2007

 

Colin Langdale

HSBC bank PLC

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 OPP

 

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear Colin Langdale

 

Thank you for your letter dated 11th January 2007 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £4773.5

Since previous correspondance you have taken a further £125 unlawful 'fees' from my account.

Therefore the new total is £4898.50

I am enclosing a updated copy of the schedule of the charges which I am claiming. I sent you the previous versions in my original letter of the 13th December 2006.

I also requested in my letter dated 13th December “disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.” This has not been forthcoming.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until 16/01/2007 to respond before Court action commences. I will extend this timescale until 26/01/2007.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

[signature]

 

[print name]

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Sorry should have said, Looking at the dates I've extended the claim date by 10 days as today is teh 16th? Thought if/when it goes to Court it would be in my interests to show I tried my best to reach a settlement first?

 

A good idea or should I just send the letter and proceed with action?

 

Raoul

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Hi everyone

 

I'm compiling my MCOL document at the moment and am unsure about something!!!

 

I'm using the registered address for HSBC as advised by the site rather than Colin Langdales service team address. So thats fine and using the template and my figures I've got the following:

 

The Claimant has accounts 88888888 and 8888888 with the Defendant, opened 8888888 2. Since 30/11/2000 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £4898.50; (b) Interest per S.69 County Courts Act 1984 of 8% continuing at 8% until judgment or settlement at a daily rate of £1.08; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

The advice with the template says not to include the interest total as it is for guidance, however when I click on the button to state I will be claiming interest the following window pops open with the text:

 

"Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. "

 

So do I need to use this text with the dates and total interest after all?

 

Any help would be great!

 

Cheers

 

Raoul

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yes. you need to specify the dates and total interest.

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Brilliant thanks Stansfield, confused myself by reading into the instructions too much!!!!!

 

My partner didn't look too impressed when I told her I wasn't accepting the original offer!!! if it doesn't pay off I'll probably be posting on here for a couch!!

 

Still have my MCOl ready to go on 26th Jan.

 

Anyone else sending theirs in at that time or just before so I can follow their threads?

 

Cheers Raoul

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Hello everyone

 

No reply from HSBC so sending my MCOL today, in fact HSBC still havn't got back to me with disclosure of any manual intervention.

 

Anyways pressing the submit button shortly!

 

Cheers

 

Raoul

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Right I've submited my MCOL for the tune of £5915.87 (including interest), court charge wa £250, guess I just need to wait now until they defend!

 

Raoul

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hi raoul

yes they will send you a notice of issue in the post and then a notice of acknowledgement. on the acknowledgement page 2, there will be a tick in the box that shows hsbc intend to defend - then it's just a waiting game

good luck with it

netty


If i've been helpful in any way....then tip my scales over there!

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Cheers Netty

 

I've been following your thread with interest, good luck for both of us!

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Dear All

 

Had some more correspondance from a Susan Loker, (as I gave them a further 10 days before submitting the MCOL), anyway they have written the following

 

"Thank you for your letter dated 16 January 2007. I can confirm that the Bank's position has been clearly stated in our letter dated 11 january 2007. this letter constituted our final response with regard to this matter and advised that should you remain unsatisfied, you have the option to refer to teh Financial Ombudsman Service as detaile din the leaflet provided."

 

MCOl has been started anyway now (as they didn't respond in time) so I'm not responding and just follwong the MCOL procedure.

 

Hope your all well.

 

Rich

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yep.. just file the mcol and take no notice of the standard drivel that they send in the post.. the only thing you want in the post from now on from hsbc is a nice big offer!!

keep going to your timescales


If i've been helpful in any way....then tip my scales over there!

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Now would you just think that they would want to save themselves the court fees!!!! They must know by now that people who follow this through step by step, know exactly what they are doing and WILL issue MCOL. How many hundreds of thousands have they spent on legal fees and court costs...... the mind boggles!

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Howdy All

 

I've now recieved two pieces of post.

 

1: Notice of Issue : single sheet stating my claim was issued on 29th January. It was sent to the defendant on the 29th and deemed to be served on the 3rd Feb. The defendant has until 17th Feb to Reply.

 

2: Notice that Acknowledgment of Service has been filed : 31st January. An Acknowledgment of Service of your claim has been filed today, a copy of which is attached. The defendant now has 28 days from the date of service of the claim form to file a defence.

 

Acknowledgment of Service. DG Solicitors. They intend to defend all of this claim. 31st January.

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So now I'm going to send the 2 copies of the schedule to the Court manager and 1 copy to DG with the following letters:

 

The Court Manager,

Money Claim Online

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,

 

and

 

DG

 

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 sincerely,

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Hi guys quick question, I'm sending the charges schedule to DG and the Court manager today, do I send the spreadsheet which breaks down the interest or just the list of charges?

 

NB I've incldued the 8% interest in the MCOL application

 

Cheers in advance

 

Raoul

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hi raoul

yes you send the list with all the interest and charges on. don't forget to ring them in a couple of days to see if they have received them. send them recorded delivery too so you can track on the royal mail site if they have or not.

 

good luck

netty


If i've been helpful in any way....then tip my scales over there!

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Cheers Netty

 

They have now been sent recorded delivery, I'll give them a call after the weekend to see if they have them ok.

 

Raoul

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Howdy all

 

We DG have decided to defend in all, checked the MCOL website today and teh judgement button has disappeared, when clicking on the claim I get the following:

 

spacer.gifThe following information relates to your claim:

arrow_big_header.gifClaim Description

arrow_big_header.gifClaim Number

arrow_big_header.gifStatus of this Claim

spacer.gifHSBC Bank Plc

spacer.gif********

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

For further information, please visit the Tutorial for Money Claim Online or contact the Customer Help Desk.

 

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