gordylar vs HSBC ****WON****

[gordylar]

Hi there sent off L.B.A. yesterday to the HSBC after the 14 days expired from my first letter asking for my money + statutory interest back (they never acknowledged my 1st letter). Was I right in also asking for the interest? I did this using the letter from the Martin Lewis website which suggested this, however the letters from this website say not to just yet :-|.

 

Seems strange to think, that hopefully I will get my money back, can't help but think its wishful thinking and they'll make a stand against me. Anyway any help along the way will be gratefully received (don't want to mess this one up).

 

What would be the best step now? Should I prepare my M.C.O.L with the county court ready for the expire date of the L.B.A?

 

I will see how I get on with this one then I shall put in a cliam for my business account charges with the HSBC also which I would guess at being about £200-£300.

[Rooster-UK]

It depends what interest you are talking about.

Unfortunately this is not the Martin Lewis site, this is the Consumer Action Group and we have no connection with Martin Lewis.

I've never seen one of his letters so I cannot comment on them. If you are referring to the part of the debit interest applied to your account as a direct result of punitive charges, then yes... no problem.

 

If you are talking about the 8% interest under S.69, then no you can not claim it yet. This is granted at the discretion of the Judge, so how can you claim it before youve even started your court claim.

 

I would suggest that you spend a few days reading the FAQ and the step by step guide in the library section. That will answer most of your questions.

 

Regards, Rooster.

[Jason1975]

Hi Gordylar.

 

With the interest there are 2 types to think about as Rooster has stated. The mistake I made was I added the total interest I was charged on the same day I was charged for the penalty (confused yet?) eg. 1/10/06 say I was just under my over draft limit by £30 but they charge me £50 from the previous month and debit £10 interest. I was claiming for £50 (the charge + £10 (the interest). unfortunatly this is wrong as they are entitled to charge you (within reason) the interest so you can only claim back a proportionate amount that equals your charges..... If you weren't confused you probably are now!!(Sorry if you are) Vampres has some excelent spread sheets to work it all out for you and once you read the 'how to fill in part' for the advanced one it is very straight forward. If you have put the incorrect amount in then dont worry you can change it in the MCOL process. Here are the spread sheets from Vampress.

 

Good luck!!

 

J.

[gordylar]

Thanks guys, the interest I claimed for was the interest the judge would award under s.69 at 8%, seems I was a bit misimformed as you say though Ill change it at the MCOL stage as they wont pay out before.

Thanks for your help

[Jason1975]

Remember at MCOL stage your adding Charges + Banks interest + S69 Interest + Court Fees = big cheesy grin from ear to ear!

 

Keep us posted.

[lateralus]

i see you got your own thread, good. so, now read what i wrote to you in the other thread - it will be right near this one when i post this. let me be so bold as to send my little piece - the link, anyway, read it - it really clears things up, hopefully. it is post number nine on this thread:HONEYGIE sees you HSBC! (1 read it, so, read the faqs, then read this link and see if it helps.

[gordylar]

Thanks for all the replys. Cant wait for the big cheesy grin stage:D .

One more thing I am wondering, my first 2 letters (asking for my cash back and the L.B.A.) were not sent recorded:( .Was this a mistake? as they didnt reply to my 1st letter

ta Gordy.

[gordylar]

Thanks lateralus for the link very useful, answered many questions in my head and supported the answers of others everything helps especially when up against the banks as the always feel intimidating but not anymore bring them on

p.s. should I send another L.B.A recorded delivery this time:o .

thanks Gordy

[lateralus]

i think go ahead and send another lba - but, my thinking, it isn't necessary to wait the second 14 days to file - as you have a letter in your file (future court bundle) with the original date. anybody else???

[gordylar]

Thanks Lateralus

Ill do that as I could see the banks saying to bin any that come through unrecorded and deny receiving them. Be interested to know about the 14 days though should I let it stand at the original L.B.A or for the second drafting of this, if it went to court what would they think?

thanks again.

[gordylar]

Having a nightmare at the moment, am laid up in bed with a bad back so have not been able to send off second L.B.A recorded delivery, 1st time Ive been able to sit up and use the computer since yesterday.

Anyone heard back from their bank after sending letters un-recorded or is it only me who has been daft?:?

[gordylar]

Hi all received a letter today from HSBC saying

 

Dear Gordylar,

 

Thank you for your letter dated 4th of Janruary 2007 concerning bank charges. (THEY ARE MOST WELCOME)

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations. (WHAT IS THERE TO INVESTIGATE - GIVE ME MY MONEY BACK

 

In the meantime,I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us, please quote the ref number xxxxxx

 

Yours sincerely

 

Colin Langdale

Senior Service Quality Officer(shouldnt it be BANK CHARGES RE-IMBURSEMENT OFFICER[/color

 

I thought this was an in-appropriate letter, I half expected a letter telling me to "BOG OFF" But it seems to me that they are just stalling.

Therefore when the 14 days have passed since sending them the L.B.A. which is on the 18/01/2007 I shall start the next step M.C.O.L.

 

If I am doing anything wrong any help would be appreciated, think I am on the right lines though, judging from other peoples experiences on this "SUPERB SITE"

 

Thanks Gordy

[lateralus]

sounds fine to me. i call that one the bog off letter, the sod off letter says they haven't done anything wrong so go away.

as for the mcol - it's very manageable - while you are laid up - you can register - go in and out of the site - work your way through to the particulars, see the template and start trying to get yours to fit.

when the 14 days is up - you should be all ready to submit and pay and that's all. if you want another example of particulars - i'm happy to send mine by pm, just ask on here. just keep your stuff kind of general and be sure to include all the legal parts and your totals.

hope your back is better by now.

[gordylar]

Thanks lateralus,

back is better now (almost),keep thinking(wishing) I'm still 17. I would love any other examples of particulars etc that you or anyone else may have thanks, as all and any info etc is much appreciated, and all helps in the fight against the might of the H(igh) S(ociety) B(anking) C(harges) (Wanted to use the initials for something). After all I dont want to mess this up.

 

Ta again Gordy.

[gordylar]

Hi guys,

just a quick one b4 work, a friend of mine sent off his SAR end of November they cashed his cheque on 1st of Dec but he still has had nothing and its nearly 48 days since his request.

Anyone else had this?

What would you do next?

I have advised him about this site.

Got to go now.

thanks Gordy

[lateralus]

Data Protection Act - Non-Compliance - Template Letters

Data Protection Act Non-Compliance - Particulars of claim

i'd tell him to start with these - he will have to register with cag to see them.

[gordylar]

Thanks Lateralus,

your a star but i guess you know that already:D .

Been looking at honeygie and nettyg claim threads, you get everywhere must say though dont retire your too valuable.

Gordy

[lateralus]

aw, shucks!

[nettyg]

you are absolutely right gordy... lattie is a proper shiny bright star!! don't know where we'd be without her.

[gordylar]

Lol netty,

It makes things so much easier to know somebody is watching over and guiding us. I'd be stuffed otherwise. Good luck with your case, I have been watching with interest.

Right then I am now at the mcol stage, d-day for this is tomorrow, however i havent even started anything yet as I have been to busy with work kids etc..

Where do I start ?

How do I find out which is my local court?

I dont want to give them any more time than I have to.I'm going in later tomorrow to get my case registered with mcol.

I know I should have been more on the ball but I haven't.

A point in the right direction would be very gratefully received.

Thanks, Gordy

[gordylar]

Hi all,

right then have just been on MCOL and registered etc, juts need to fill out my case details now then will submit tomorrow.

I will check with all you top people first to make sure all is o.k. with claim form before I click and hand over my dosh, any help & advice on this matter of any type is appreciated, so is all support received, getting to nervy bit now.

Thanks Gordy

[gordylar]

Whey hey,

just noticed I now have 2 pages to my thread:D

 

Can anyone please let me know if I have to specify my local court for my MCOL claim, and if so how do I find out which is my local court

thanks.

[lateralus]

no, they pick - and usually it is the closest.

[gordylar]

GRRRRRRRRRR,

I'M FURIOUS,

received a statement from HSBC with a £75 arrangement fee. When I phoned them up to say that I have no arrangements with them, I was told it was for 3 direct debits that they had paid and was a £25 charge for each item??????? I told them that they should therefore be listed as charges, they agreed after I had to ram my reasoning down their throats, politely though I might add.

They told me then that they were notified fees for being overdrawn and they will debited be on the 29th of Jan and it will be as one notified fee of £75. I told them it was against the consumer contract act and I had not been notified of this fee at any point and therefore they should change it to 3 DR charges of £25 each which is what they are.

Has anyone else experienced this and how do I go about claiming this back as they have called it a fee (talk about wolf in sheeps clothing). Can they do this?

On a lighter note did anyone see the article in the daily mail today where a customer with the RBS (I think) sent in the Bailiffs who seized computers ,a till of money and other goods after he won judgement with mcol and they didnt pay so he then got a warrent Quality, well done that man.

[gordylar]

Friendly nudge!