juswillson v HSBC

[juswillson]

Hello everyone,

I have just sent off my letter to the bank requesting statements and am very confused as to what I can & cant claim for, I printed off all my statements last night and highlighted everything that indicated a charge (excluding atm) and it came to over £5000 excluding interest which confuses me even more! I wondered that the statements that the bank will provide would have more detail as to the ones that I can claim for?

If anyone has any advise please feel free.

Kind regards

Justin

[nettyg]

hi

welcome to the site.

Charges description on statements - Please Read

 

take a peep at these and build up your confidence in the process of claiming back your charges. if you get stuck with anything, don't worry - help is at hand. so any questions you may have - just ask.

 

i suggest you read through as many threads and faq's as you can. read read and read again so you familiarise yourself to it all. everything is there somewhere.

 

good luck with your claim

netty

[juswillson]

I am now at the stage where I sent the Letter Before Action and have heard nothing so I am moving onto the next step of making a court claim. The question I have is that I ordered the Smal Claims Pack and it says for claims upto 5k the trouble is mine is for 6k - does this mean that I cannot go to small claims court?????

 

I am confussed and would appreciate some advice as I dont want to make any mistakes.

 

1) Where do I make my claim if I cant go to small claims court?

2) Does it cost more money?

 

Many thanks

Jay

[Guest ChloeJane]

Hi Jus!

 

Step 7 is not as scary as you think! Its empowering really as you are taking that step that says, fine - don't think I am serious, watch me!

 

From here on it is important that you are confident with your choices and what claim type suits.

 

Personally I am an N1 girl - You can get fee exemption or remission if in hardship too! So here are some links to consider your options.

 

COURT INFORMATION - WAYS TO FILE AND FEE EXEMPTION INFORMATION

 

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

N1 at your local court. - FEE EXEMPTION ALLOWED

 

4. Particulars of claim - N1 - hard copy version

or

 

Money claim online - NO FEE EXEMPTION

 

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

An important link for money claim is here -

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

 

All the best for your claim.

 

CJ

 

[chelli]

hi jus

i am aliitle ahead of you i filed my court on the 4th may and yesterday i recieved a lettere from the courts saying that ABBEY is going to defend. My claim is for 7k and i have sent it through small claims. For claims above 5k, the fee is £250. I filled out a N1 form (like chloejane) and took it into the court. The staff were really friendly and actually made me feel good for taking the bank to court. They tell you what to do, what to bring and what will happen next and there are some leaflets in there which gave me alittle more insight into the possibilty of going through Fast track too. The impression i have got is that most these cases are kept within small claim (mainly due to the banks wanting to keep this a low profile), and that when/if you get to the AQstage you can request to be put through small claims any way.

i will keep you informed of my progress

chelli

p.s which bank are you taking to court?

[chelli]

p.s read the thread by noobrider (abbey) he is alittle ahead of me and claiming over £5k

[juswillson]

Thanks to both of you for the advice, I am taking HSBC to small claims and finding it all a bit confusing as this is not something that I understand to easily. ChloeJane you mentioned in your response about exemption if in hardship but the link has been removed - does this mean that you can be exempt from the cost of taking them to court?????

Jay

[livelylad]

Threads merged,title changed and moved to HSBC forum. Please stick to this thread.

[juswillson]

Dear all I am just filling out the particulars of claim and feel a bit stuck at the section below.

1) What is the [date when the money became owed to you] is this the date 6 years ago or is this the date when I first sent the letter to HSBC saying that I claiming charges??????

2) What is the daily rate of interest [enter the daily rate of interest]

3) Also in the value section on the N1 form it says the following and I dont know what to put in this section??????

: Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

Any advice will be appreciated

Jay

_______________________________________________________

c) 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 16th May 2007 of £917.09 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]

 

 

[chelli]

no1 - this is the date of the first charge you are claiming for (6years ago)

 

no2 - is £917.09 the amount you are claiming for minus the 8% interest. (ie just charges) if so your daily rate of interest would be £917.09 x 0.00022p = 20p.

no3 - you put

 

charges £XXXX (917.09?)

Interest under s.69 County Court Act 1984 £XXXX

Court fees £XXX

Total £XXXX

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.20p per day OR at such rate and for such periods as the court deems just.

hope this helps

[juswillson]

Chelli

Thanks for the info but the charges /interest is really confusing me

 

My claim is as follows:

Bank charges £5,099.50

Interest on Penalties (as listed on statements) £917.09

TOTAL £6,016.59

 

This is the calculation that I put on my schedule of charges and interest to the bank as these were the ones that appeared on my statements. Have I completly screwed up the interest schedule to my misunderstanding of the process?

If so do I have to go through everything again or just alter the claim on the N! for the correct interest?

Thanks again for your help as this is really doing my head in and if it wasn't for such a large amount of money I would give up chasing the HSBTheives!!!

Kind regards

Jay

[Guest ChloeJane]

Hi there,

 

Interest would have to be the most confused area of question on the site.

 

So to begin -

 

Simple method - if you are claiming your fees and charges back - then you add no interest at this point.. Your schedule should be in the format of - date - charges - description.

 

Contractual method - if you are claiming contractual interest you need to fully understand it - and be prepared to defend it in court - has a higher level of challenge possabilities!

 

To understand what interest can be charged link here -

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=6

 

You can only claim interest on the fees that took you into your overdraft - ie. if you had a DD that bounced - and the charge took you into an overdraft limit.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=4

 

In your schedule of charges - without interest at this point - you add the 8% interest at the time of filing your N1 or MCOL.

 

IF - you have added the 8% prior to this - take off the 8% from the schedule - resend LBA - changing it to 7 days - put at the top of the LBA - ammended schedule - and wait the 7 days.

 

Then go on to filing.

 

Is this clearer ? If not post back and will look again to clarify.

 

CJ

[juswillson]

DATE PENALTY APPLIED

DETAIL OF PENALTYPENALTY CHARGEDCUMULATIVE PENALTIES CHARGEDINTEREST DATEINTEREST CHARGEDACCOUNT BALANCE AT INTEREST DATEINTEREST FREE OVERDRAFT (ENTER AS +)INTEREST ON PENALTIESTOTALS:5,099.50917.09Estimate of previous charges:0.0024/01/2001Charge28.0028.0002/02/200149.07240.92 0.0024/01/2001Charge28.0056.0005/03/200141.72-1,766.81 5.2725/01/2001Charge28.0084.0002/04/200114.48-2,431.78 1.4925/01/2001Charge28.00112.0003/05/200128.66-1,779.84 4.4825/01/2001Charge28.00140.0001/06/200118.22-1,088.61 5.11

 

 

Thanks I think I made a mistake then as I listed all the charges as down the left as shown above and all the interest charges as they appeared on my statements under the interest on penalties on the right. To make things easy should I just delete the interest and make a simple claim for the bank charges especially if this will give me more chance of a sucessfull resolution.

Kind regards

Justin

[Guest ChloeJane]

Yes!

 

Simple is good!

 

So just delete the interest - make sure it is in the format of date - amount - description.

 

Ammend it and send it off as an amended LBA - the proceed to the next stage which is court.

 

It will show that you have ammended and sent them the ammendment giving one last opportunity.

 

When you have done that - come back and post the amount of charges - and PM me or a Moderator and someone will happily check your interest before filing.

 

CJ

[pinkduchess]

I messed up on my interest calculations at the start too.

 

It is worth giving the spreadsheets another go rather than just not claiming it as it can amount to a sum worth recovering.

 

Then once you know you're working with the correct figure you can decide if its worth it.

 

good luck