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Kat v HSBC ****WON****


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Hi Everyone.

 

I wrote HSBC a letter in December requesting the charges back, they sent one back with the usual "send us a summary of charges" so I did that, and requested the amount be in my account within 14 days otherwise I'd take further action (small claims court). They've failed to comply with this though. I called them on Monday asking what was going on, they said that due to FSA regulations they can't process it any quicker, and will investigate it by next week and get back to me after that.. but it's a blatant delay tactic. I can't seem to find any info about whether these regulations are actually legit or not. Can anyone enlighten me please?

 

And for the record.. £804 in charges, didn't claim for interest (although wish I had!)

 

Thanks, and have a nice day. :)

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don't forget to add on your interest when you file a claim... they have not responded to your satisfaction so interest and court fees should be added to your claim at this point.

 

good luck with it

netty

If i've been helpful in any way....then tip my scales over there!

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if you were adding overdraft interest or in fact if they have added any charges since you began - the filing is the last point where you can add what you like to your claim when filing and now is the time to add the 8% court interest as well, take your time - make sure you have everything listed that you want on your spreadsheet, then use those totals on your claim.

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Okay thanks guys. I'm a bit confused as to exactly what to add to it.. I haven't gone through and added overdraft interest up, I just totalled up charges and claimed for those. How is the 8% court interest justified?

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Its justified by The County Court Act, but I assume you mean how do you work it out.

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

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I have a couple of questions in regards to making a claim at the small claims court..

Firstly, is it possible to find out when you opened a bank account? I've had mine since I was a child, so can't remember the year.

Secondly, in the "what to say" under description of claim it says to put: "Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982." at the end, but I've not a clue what that means, and am not comfortable putting something down which I'm unclear about - would someone be able to explain it for me a bit please?

Lastly, the last bit.. "Costs allowed by court" - I'm not sure what that's about either. :)

 

Sorry if these are stupid questions, but it's a whole lot of information to absorb at once and it's confusing me a bit!

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Ahh thanks. I haven't followed this sites original letters as I wasn't aware of it before, I followed the BBCs. But in those I wrote...

I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning.

So, I think it's fairly clear that I can go ahead and file the claim. About to click submit... :) Fingers Crossed.

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Not quite

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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I'm assuming I'll get told who the banks solicitor is or do I find it out myself?

Thanks for the above, much appreciated. What's the reasoning behind sending 2 copies of the schedule of charges with the letter? Also - can they schedule of charges be sent as a print out of the spreadsheet?

 

Sorry for all my questions, I like to know the reasoning behind these things so I don't get caught out if they ask questions. :)

 

Have many people actually had to go into the court and battle it out against them? If so, i'm assuming the chance of winning is fairly high?

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Sols name and address wil be on p2 of Notice of Acknowledgement.

 

1 copy of s/s printout for court file 1 copy for MCOL to send to bank (that's the theory!!)

 

Send 1 copy to sols on the basis that MCOL don't bother or it arrives at MCOL after they have served the claim

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Just as I was thinking that things were going relatively unstressfully - I realise I've made a mistake on the claim. So I now have to reissue the claim and pay a £35 fee because of it. When writing the dates in my particulars I put Aug 06 instead of September 06.. not sure how on earth I did this, but either way it means I have to fill in lots of forms to get it changed then re-issued. And to make it worse, the forms look very confusing.. I'm so annoyed at myself for being so careless. :mad: My last charge was taken in September, so it even messes up all the amounts which I've put on the spreadsheet. So very annoying.

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How much are the charges in Sept? Will it be worth amending?

I'd be inclined to let it ride. If HSBC pick up on it they will merely settle for the charges up to Aug, it won't affect the whole claim and you can send them an acceptance letter accepting settlement of charges only between xx/xx/xx and Aug 06, which will leave you free to put in a 2nd claim of charges between Sept 06 and now

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