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

[Michael Browne]

they said that due to FSA regulations they can't process it any quicker

Utter tosh. If they wanted to they could process it before I've finished typing this.

 

Time to file a claim at court.

[Michael Browne]

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

[Michael Browne]

Do I need to alert the bank to what I'm doing via a letter,

You already have in your prelim and LBA, no need for any further notice.

[Michael Browne]

Letter before action - Consumer version - asking for it back

3. Letter before action - Consumer version - asking for it back

[Michael Browne]

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,

[Michael Browne]

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

[Michael Browne]

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

[Michael Browne]

I just want everything to be correct

.

I understand what you mean, nervy as hell, big bank, little me etc.

 

Do you think it will affect the claim then or not?

No, there are plenty of instances of people overclaiming ie including things they can't claim for and the bank will merely deduct those from the total,

 

Also - if I didn't amend it, when sending the list of copy of the charges to them, do I take off the September charge or leave it on there?

Again I'd leave it as is, then it's just a typo.

[Michael Browne]

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,

 

 

The Aq will be sent after they file a defence and it has been transferred to your local court. So some tiem yet. See here:

 

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[Michael Browne]

Do I need to send a copy to DG? If so, do I just photocopy it?

Only as a courtesy, you don't have to. But keep a copy for yourself anyway

 

Am I right in understanding that I don't send anything along with the AQ form, just the lone form?

1. Schedule of charges if you haven't previously sent 1 to DG

2. Draft Direction Order if you're going down that route

Otherwise nothing else.

[Michael Browne]

I assume I would know if I was going down the draft direction order route?

Yes, see here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[Michael Browne]

Are you using the Draft Direction Order? If so see post#3 in the above link.

 

If not, use this:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

[Michael Browne]

Then when the judge comes back in a couple of weeks time to me, I then have to file all information in the order for directions?

 

Correct, assuming he agrees to the draft order, you will be notified what is required.

 

Is the draft direction order in post #2 of the link you gave me, the up to date version?

 

 

Yes

 

As my claim is already at the small claims track does this still need to be said?

Yes, because although your claim may be below £5000, it hasn't actually been allocated to Small Claims. That's what the Aq is for, for the judge to decide which track is most suitable.

[Michael Browne]

but do I just photocopy the AQ for the copy to send to DG?

Yes. It's a good idea to keep a copy for yourself.

 

Do I need any cover letter to the court?

Not strictly necessary, since the AQ will have your claim no. on it, but you can if you want.