givememymoney V HSBC

[givememymoney]

My first post now I have a spare minute!

 

Things are progressing nicely. I sent my initial letter at the beginning of Dec 2006 and the LBA just before Christmas. I am filing my MCOL tomorrow so may well be looking for help

 

Had the usual response from HSBC (we will investigate this sometime during your lifetime etc..)

 

I am claiming around £2500 and had a letter at the weekend offering me £2200 which I am turning down.

 

Any advice at this stage gratefully recieved and messages of support are always welcome.

[Boobaby]

My first post now I have a spare minute!

 

Things are progressing nicely. I sent my initial letter at the beginning of Dec 2006 and the LBA just before Christmas. I am filing my MCOL tomorrow so may well be looking for help

 

Had the usual response from HSBC (we will investigate this sometime during your lifetime etc..)

 

I am claiming around £2500 and had a letter at the weekend offering me £2200 which I am turning down.

 

Any advice at this stage gratefully recieved and messages of support are always welcome.

 

Just carry on your nearly there......

 

If you wanted advice though this would be mine - file an N1 and not an MCOL. An N1 can be found in the library templates which is basically an exact copy of the N1 form you would submit to your local Court. What you need to do is bring up a copy of the N1 and complete (you will be unable to download and save this document). What I suggest you then do is check, double check & triple check the details on there then copy and paste the information you have input into a word document and save (it will only allow you to copy the details you have input). Then print out 4 or 5 copies of the N1 back to back. You will need to take 3 copies of the N1 to the Court with you along with the schedule of charges (3 copies) and the fee. If you go onto the MCOL site it will tell you how much that is.

You can submit your claim MCOL as you wanted to do originally. The same information will need to be submitted but you will need to be very careful as you have a limit to the number of characters you can input on the MCOL and I find there is a danger of leaving something out!

 

The choice is yours, anyway good luck and I hope I have explained in sufficient detail, if not and you require any further info etc. Then post again.

Boo

[lateralus]

not to interfere but the mcol is so convenient! i am a lazy sod! the only tricky bit is getting the particulars into the tiny space but, if i may be so bold, i'll pm you mine to use as a template. so between the template in the library and mine - you'll see what to do.

by all means use the n1 instead if you like - just giving you options.

[givememymoney]

Well I have submitted my MCOL now to see what the response is. I am actually quite excited ;-)

[nettyg]

good luck with your claim g.m.m.m!!

i'm glad you chose to go mcol -all those instructions for N1 gave me a headache lol

netty

[givememymoney]

My MCOL has been acknowledged today I assume that means now that HSBC have 28 days to file a defence is that right?

[lateralus]

from the date served (you should have received a notice of issue with a date - count from that date - yes, 28 days.)

now, send the court 3 copies of your breakdown referencing your claim number and 1 copy to dg - address on pg 2 of the ackn. also referencing your claim - then, nothing to do but wait a bit.

[givememymoney]

A few questions:

 

I am about to send a letter to DG with my schedule of charges what do you think?

__________________________

 

I understand that you will now be representing HSBC Bank Plc in regards to my claim against them for unlawful bank charges.

Please find enclosed a schedule of those charges for you records amounting to a total claim of £xxxx including interest and court fees on the date of issue. Note that this claim is currently accumulating interest at a rate of £0.xx per day until judgment or the claim is settled from the date of issue which was the xxxxxxx 2007.

In addition to this claim I am aware that HSBC intends to levy further unlawful charges against my account amounting to £125 on xxxxx 2007. Should these charges be made against me and this case go to court then I would ask the judge to take these into consideration. In the event of a settlement being offered I would also expect these further charges to be refunded.

_______________________________________

 

The date of acknowledgement of my MCOL was 18th Jan is it now 28 days from this date before DG have to file their defense?

 

Thanks

[givememymoney]

bump!

[lateralus]

it's the date of service(issue) that you count from - and yes, they now have 28 days from that date to submit their defense. now, you send your breakdown - letter is fine but put in your claim number somewhere. dg address is on pg.2. of the acknowl.

also, send 2 copies of your breakdown to the courts also referencing your claim number.

[nettyg]

hiya

on your acknowledgment it will show the date that the claim was 'served' to hsbc. you count 28 days from that date so that will be 15th February that the bank has to file the defence by.

[givememymoney]

Ok so things have moved on a bit in the last few weeks. The MCOL deadline has passed and HSBC "say" they are going to defend! (I will post the details of their defence later.)

 

My AQ deadline is 6th March 2007 and I have a N149 form to file in an take to the court on or before that date.

 

Any advice on the next course of action would be appreciated. i.e. should I hassle DG when should I file etc!

 

Thanks

 

[nettyg]

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

there you go, start getting your teeth into this now!

[Michael Browne]

See these 2 threads:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[nettyg]

snap!!!

[givememymoney]

yeah touch and go as to who gets the prize as Nettyg got in first but Michael's post is prettier!!! I will leave it to the forum to decide!

 

[Michael Browne]

but Michael's post is prettier!!!

Whoo hooo!!

[givememymoney]

This is the defence that HSBC have filed. I presume that this is a standard defence but would welcome that being confirmed:

 

------

1.The Claimant's account is governed by the Defendant's personal and/or business banking terms and conditions.

 

2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

 

3. The Defendant denies that the charges applied to the Claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

 

4. The charges applied to the Claimant's account are reasonable and are properly and fully disclosed in the Defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatvely, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

 

5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled ti the relief claimed or any relief.

 

------

 

I assume that the spelling mistakes and poor grammar are because they are a little bit busy at the moment!!!

[andrewjb2]

Same as mine.....

[andrewjb2]

ive had spelling / grammar errors on both the letters ive received recently.

 

but then I did type claiming charges from 2006 instead of 2001 on my last letter to them!!!!!!

[givememymoney]

I am now starting to pull together my AQ and have a question. As I mentioned in Post #8 HSBC charged me a further £125 since I submitted my MCOL. Am I pushing my luck to have this included now or should I include it as part of my schedule of charges in the event that my AQ actually gets filed and I have to keep my commitments as specified in the Draft Order of Directions that will go with it?

 

Thanks

[Michael Browne]

After you have filed you can only add further charges by amending your claim (£35 fee - unreclaimable)

[givememymoney]

Looks like I will have to keep it simple then and go back for those charges at some future date - once I have another account setup of course

[nettyg]

you could always 'ask' them for it back and see what happens. i did, and they said the usual nonsense... lol, so here i go on the second claim - basically to be pedantic - that's me

[givememymoney]

well the interesting thing for me is that in april I am getting an extremely large bonus which I could leave in the account for a few days until they ring offering me their usual services, investments etc... and then ask for it back and if I don't get it take all my money elsewhere!!!

 

:D