Themadcap vs HSBC

[themadcap]

in the LBA stage (to commence proceedings on 17th jan) with HSBC for £5860 wondering whether i should go for it all or lower to £5000 for the small claims court any advice would be greatly appreciated

thanks

[lateralus]

ask a moderator to move your thread into the hsbc forum, then you will get lots of advice. is it all one account? you could separate it into two by using dates (i.e. 2001-2003, etc.) but it would mean two lots of court fees, etc. see if you can get this moved and others will tell you. i'm going to look back and see what i can see, i'll get back to you.

[themadcap]

thanks

how do i contact a moderator?

 

cheers

[lateralus]

here's one: MARTIN3030

go on privale message in your welcome box - top right. click on send new message - put him in the address box and move thread in the subject - then ask him to move you from the hsbc success thread into the regular hsbc forum. i've also asked bong to take a look , she's a wizzzzzz!

[Guest bong]

hi there.

 

I would keep your claim intact. firstly they are likely to close your account if you make 2 claims in succession, if you filed them at the same time the court would combine them and the claim isn't that much over £5k so you still stand a very good chance of getting into the small claims track. However, it is probably to your advantage (at the moment anyway) if it does go into fast track. this is because you probably stand a much better chance of getting the bank to settle your claim quickly, because they will want to avoid disclosure that comes with fast track cases.

 

does your figure include county court interest?

[lateralus]

let's get this thread moved, madcap - zootscoot and blueskies are both moderators and are both on-line right now - pm one of them to move it into the forum.

bong, dear, for future reference, is it the done thing to ask a mod to move a thread you see in the wrong place or leave it to the person - as they maybe couldn't find it again.

[MARTIN3030]

Sorry chaps I been out all day and only just got the message......but I have done it now.

 

For future reference Mods are able to move threads change titles and merge threads users cannot.

Only Admin can change user names.

You are welcome to let me or one of the other Mods know if you see something that needs sorting.

 

Btw I would agree with Bongs reply regarding filing.

There is no benefit to splitting them up for the money we are talking about over the 5K.

Just also out of interest The 5K ceiling is not absolutely set in stone....the Judge has the discretion to allow amounts that go over this,and in fact there have been cases where 5 and half grand have been allowed.

 

Ta:D

[nettyg]

Hi i'm glad i read everybody's threads now because that one just made me feel a whole lot better. My claim is for £5086 before any interest is applied and i was also worried that the small claims wouldn't touch it - PHEW!!!

Netty x

p.s. Lattie will tell you what a stresshead i am lol... so once again i'm relieved.

[lateralus]

thankx martin - that's lots of useful info.

so, in future, if i see a thread out of place it's not being too nosy parker to let a mod know - i will do that!

and thankx bong for always being there!

[themadcap]

Thanks for the help!!!

ive just been on moneyclaim online and can make my claim there for full amount £6550 inc 8% interest, although got a letter on saturday saying HSBC are charging me £25 for informally declining an overdraft (no idea what this is about wonder if theyre trying to get their own back!) and a further £25 everytime they need to do this whilst im ovedrawn so will call into the branch and try and get a summary of these to add on as i need to initiate proceedings by friday 18th jan going to cost me £250 for court but money well spent and will not be too long before ive got it back

 

will keep everyone informed of my progress and if i need any help

cheers

[themadcap]

called into my branch today to discuss the informal overdraft fee (they agreed to remove it as my account was £265 in credit when £125 payment asked for - cheeky!) so thought i would ask for my next charges info which was £150 to be debited on 8/2/2007 they gave me a printout of this, can i add this to my MCOL as i will be submitting it on 18/1/2007 and these charges arent due to come out till 8/2/2007

 

any help greatly appreciated

[lateralus]

not unless they have actually been charged - you could wait until the 8th to file - that won't upset the apple cart.

[themadcap]

thanks, i think ill keep it as it is and make my MCOL on friday and claim the £150 later on

[lateralus]

ok, i'm sure you've read before - hsbc are known for closing accounts on the second claim. as long as you are aware. any chance of a meaningful dialogue with your manager (or someone with a little authority) asking if they wouldn't like to in this instance reverse that charge coming up, as you have filed a claim and wouldn't hesitate to do it again but it seems like a lot of fuss over one charge - and you are hoping to be in a much better financial position in the next few weeks. doesn't hurt to try! they have done it before. or, if they won't, when it comes to an offer with dg - ask them wouldn't they like to avoid another claim and include this one charge (which by then will have shown up) as a goodwill gesture with your claim (this is when they make an offer) again - doesn't hurt to ask politely!

[themadcap]

thanks, that was kinda the way i was thinking, im claiming over £6.5k so even if they say no to reversing the £150 i can afford to soak it up as i do want to keep my account open

cheers lateralus for your help much appreciated will post any happenings shortly

 

 

 

 

 

[themadcap]

paid my MCOL today so now well in motion will let everyone know how i get on

[themadcap]

Just had notice d&g solicitors intend to defend all of my claim (no surprise there then) I assume i will recieve allocation questionaire shortly? it says they have 28 days to submit their defence, can anyone help me so i know what i should recevie from d&g or county courts and what i need to send and to whom

 

thanks

[lateralus]

i'm going to get this tattooed on my head!!!

with pleasure............now that you have the notic. of acknw. (or if you are going by the mcol, you'll have the paperwork shortly) send the courts 2 copies of your breakdown, referencing you claim no. and send dg (address and maybe a name on pg.2) a copy also referencing your claim no.

as for what happens next - this just gave them an extra 14 days (28 in total from the service date) to submit a defense - if they do - you'll get the aq stuff in the post. nothing else to do now but send breakdowns and then wait.

[themadcap]

AQ filed today e-mailed dg friday and phoned today but alas no reply! They have to file theirs by tuesday although they will probably try and get an extension (maybe i will get an extension when i get my money back! ha ha) p****S you off how they try to hold out though,the judges should ask on what grounds but will keep at them anyway.

later guys and gals

[nettyg]

look forward to a nice offer very soon tmc!!

[themadcap]

Phoned the court this morning DG have failed to submit the AQ on time was told the judge is looking at it today and will make a decision of which i will receive a letter from court letting me know his decision.

Oh well ive waited 4 months already so can wait a bit longer.

[themadcap]

DG phoned Friday saying they have received my breakdown ( recvd 5/2/07 recorded delivery) good of them to let me know over a month later or maybe they meant the one with my AQ as i sent them a copy of that also out of the goodness of my heart with a standard disclosure request, said they were looking at it and would send out a letter,I was under the impression HSBC would look at it as they always say its with their client when contaced!!ha ha ha, not received anything from court despite DG not submitting AQ on time and was told judge would look at it on Wednesday last week, anyone else at this stage? it becomes quite boring and tiresome now just waiting around before they give you what is yours back.

oh well catch everyone later

[lateralus]

i've written a new "nudging letter" - have a look and see what you think -it's in post #1

When you have filed your AQ................ (1 2 3 4)

lateralus

[themadcap]

Thanks for that, i will wait a couple of days to see if i get any mail before sending the "nudge", obviously need to alter to suit my situation, i have only phoned 2or 3 times as i agree it could be seen as harrasment and i dont think it moves things on very much.

 

cheers

themadcap

[lateralus]

the background to this letter was that i thought a default judgment was lovely - means you are going to get it all back - then crusher did his imitation of a party pooper and i have "rethunk" my ideas. it isn't - an offer is lovely - so try to nudge them into an offer especially when a court date is looming - read more on the thread above - post 58.