Nooey vs HSBC **WON IN COURT**

[nooey]

Hello!

 

I've had all my statements from HSBC and calculated my charges. Just one question though, on the 28th of each month, I have had 'total charges' charged to my account. These are normally £28.00, £56.00 or £74.00 depending on how many transactions there have been whilst overdrawn.

 

Can I reclaim these or is it just the £30.00 charges for returned cheques and DD's?

 

Thanks in advance.

[Rooster-UK]

Hi Nooey.

 

Yes, the charges are for unauthorised overdraft and therefore unlawful.

Claim them back along with the other charges.

 

Regards, Rooster.

[nooey]

Great news, thanks. That should almost double my claim!

[Hedgehog]

Just to confirm..yes you definately claim for BOTH..

[nooey]

Thank you both. Do I send my prelim letter to my branch or to Binley, Coventry which is where the nice man sent my statements from?

[sugaredhoney]

Hello nooey, I just sent mine to HSBC Bank PLC

8 Canada Square

London

E14 5AQ

 

Just make sure you send yours recorded delivery, doesnt really matter where in HSBC you send it to as they'll forward it anyway but the above ad is head office. Im just a few days ahead (prelim sent on the 2nd jan) so look forward to reading your progress

[nooey]

1st letter went off on the 10th Jan claiming £2406.00. Standard 'we'll get back' to you letter received dated 19th January. LBA off on Thursday 25th.

 

So far it's all very straightforward but to anyone just starting, make sure you read, read and re-read again everything. Don't rush into it. There's always someone who's had the same response/experience as you and theres some great advice on here.

[nooey]

One quick question, what should I replace the first paragraph with in the LBA seeing as I have received a reply from the bank.

[nooey]

One quick question, what should I replace the first paragraph with in the LBA seeing as I have received a reply from the bank.

 

I have replaced this:

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

with this:

"I am in receipt of your letter dated 19th January 2007. However, this sets out no clear timetable to which you intend to work to. In an organisation the size of yours, I consider the 14 days to be ample time in which to consider my request."

Can someone quickly confirm this will be ok!!

Thanks in advance.

 

 

[nooey]

Just an update. I received an offer from Colin which was about £300 short which I politely declined. A couple of days later received two more offers (in the same envelope!) about £400 and £450 short.

 

Anyway, the LBA 14 days is up now and I am filing with MCOL. Does anyone have a link to a template for 'Particulars of Claim'? I can only find the template for the N1 form. Or do I use the same wording?

[lateralus]

5. Money Claim On-Line (MCOL) Particulars of Claim

i'll pm you mine as another example.

[nooey]

Thank you v much! (must look harder in future).

 

Filed with MCOL yesterday (7th March).

[nettyg]

you'll receive a notice of issue in the post in a couple of days. on there it will show the date it was deemed served. that date is what you count the 28 days for them to defend, so keep your eye on the mcol status.

good luck

[nooey]

Had a look and it says it was acknowledged yesterday as well! That seemed very quick.

[nooey]

HSBC entered a defence on day 28.

[lateralus]

don't know if you are following this but you may not receive an aq - you may want to look at this New---after 28 Days - Maybe No Aq!!!!!!!

[nooey]

Thanks for all your help so far. The case has been transferred to my local court and we have had a 'General Form of Judgement or Order'.

 

On it it says:

'Claimant shall file and serve a fully particularised particulars of claim'

 

I don't have long to get that done but what does it mean?

[Michael Browne]

It means the court is not satisfied with the POC's you filed with your claim and are ordering you to submit fuller POC's

 

There's an example here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70304-jordash-barclays-bank-defence.html#post661829

 

File and serve means you must send a copy to the court and the defendant and you must do it before the due date.

 

What else does the Order say?

[nooey]

What else does the Order say?

 

Permission to Defendant to file and serve an amended defence thereafter if so advised by 4pm on XXXXX.

 

 

If I were to fax DG Solicitors, would that count as serving them? Problem is, I've just returned from holiday and it has to be done by tommorow. Local Court is not a problem but its a bit of a trek to Birmingham!

[nooey]

It means the court is not satisfied with the POC's you filed with your claim and are ordering you to submit fuller POC's

 

There's an example here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70304-jordash-barclays-bank-defence.html#post661829

 

 

I submitted the schedule of simple charges as per the excel sheet from this site. Does every charge need to be more detailed then or just attach the schedule to the POC from the link you've given me (with a few alterations)?

[Michael Browne]

Fax should be fine, but send hard copy too.

Excel s/s is fine

 

 

IF you don't submit them by tomorrow your claim could be struck out.

[nooey]

Thank you vvvv much!

[nooey]

Ok, court date is just a day away (wednesday morning). So far we've heard nothing from anyone. I have read on a lot of other threads about the court bundle, however I haven't been asked for any further details other than the Particulars Of Claim which I sent.

 

I am assuming I need to get all this ready for Wednesday but will it be admissable in court? Obviously I'm fairly sure they won't show up but what is likely to happen now?

[lateralus]

take a look at this:

GOT A COURT DATE? A guide to the later stages

 

and i'd def send dg a nudge letter - there are an assortment of ideas on post one of my two aq threads - just tweak one to what you want to say - which is to remind them of the hearing - give them chapter and verse about where and when and then put in the bit about saving the court time and trouble and get to the i would accept......

and get it in the post tomorrow with a copy of your breakdown.

it may be they will make an offer before the court date and if not - it still looks good to the court as you've been making attempts to settle it.

 

actuallly, i've just reread your post and it won't get to them in time for them to make an offer - so forget the nudge. i misread it - thought it was further than wed. so, good luck - let us know how you get on - and def read the other guidance notes for court appearances just to give you a head#s up.

Guidance Notes

 

are there no other directions other than the particulars along with the date and place - take a look at that link i've given you and if it really does go to court - take whatever he suggests for what type of hearing it is - be prepared. and don't forget a copy of terms and conditions - get them off the site here - copy these out if you don't have any others:

Attached Filespersonal_banking_terms.pd f this needs adobe to open.

use the whole thing and highlight Clause 7.13

 

after you've checked what you need to take with you to court - you might like to check my thread - depending on what you need -

court bundles for dummies just check what type of hearing and what gary says on that got a court date link above for what you need.

[nooey]

Ok, a long night printing and revising ahead! In court at 10AM tommorow morning.

 

Having read a lot of other threads, it would appear that by asking for no other directions except POC's, the judge is not expecting a long day with this one!