bryantgumball vs. HSBC

[bryantgumball]

Obviously Bryant isn't my real name but its the first name that popped into my head.

Anyway, I had been meaning to reclaim back charges for ages, and finally got around to starting it off on xx.02.07. I sent my prelim letter to my local branch on this date claiming £xxx worth of charges. My LBA date is/was Friday this week (xxrd Feb). I am at work at the moment, but I have just had a call from my partner at home to say I have received a letter from HSBC. I expected the usual spin..charges are lawful blar blar blar, but she read the letter to me and actually they sounded decent - they started the letter with, 'Thankyou for your letter'!. Apparently they need a breakdown of all the charges I have incurred sent to them (which won't be a problem with Internet banking), and they have advised I don't need to send them proof, they just need a breakdown, and if I have incurred any more charges since sending the last letter I should include these as well!

 

Question is..is this a stall tactic? I.e. are they asking for these charges even though they have them there just so I will run over my 14 days before action period?

Or is it a case of they can't be bothered to do it themselves? (Because if its just them being lazy, I'm not too fussed and I will get on and do it..because the £xxx will come in very handy and I don't mind doing half hours work to get it back! - damn having to get new carpet for my house coz that would have paid for a PS3 nicely!)

 

Many Thanks

[nettyg]

hsbc want a list of charges, not statements or anything. so they're all nice and neat and they don't have to look anything up basically, at this point!!

[nettyg]

oh, and you can include charges up until you file a claim in court bg

[bryantgumball]

hsbc want a list of charges, not statements or anything. so they're all nice and neat and they don't have to look anything up basically, at this point!!

Ok so what shall I do? Sent them the list or send them a letter to a different effect?

Cheers Netty

[Michael Browne]

For a schedule of charges use the Simple S/S here:

 

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

and visual 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

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

[bryantgumball]

For a schedule of charges use the Simple S/S here:

 

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

and visual 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

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

Ok that looks good thankyou. I have had a look at the spreadsheet, I didn't include the interest in the prelim letter, but if I do start court proceedings I can add this on?

and once I have sent the charges, where do I go from here?

Sorry for stupid questions

[Michael Browne]

but if I do start court proceedings I can add this on?

 

Yes.

once I have sent the charges, where do I go from here?

 

Include the schedule with your LBA and file at court 14 days later.

 

See here:

Step-By-Step Instructions

[bryantgumball]

damn, I guess its me being stupid but I didn't realise I would have to pay so much in court fees..£80 I can't afford £80..definatly not, and my file a claim date is tomorrow! What shall I do? I've had a look at the exemption form and I might try that, but what if they say no?

[Michael Browne]

If you are refused exemption, (or remission), you can delay filing until you have the court fee.

[nettyg]

secret is... to read all the information on the claiming process here, and also guidance notes on mcol then no surprises! fortunately, as your claim is less than £1500, it won't cost anymore to file your allocation questionnaire when it's ready. you will get the £80 to file back with your claim.

[bryantgumball]

secret is... to read all the information on the claiming process here, and also guidance notes on mcol then no surprises! fortunately, as your claim is less than £1500, it won't cost anymore to file your allocation questionnaire when it's ready. you will get the £80 to file back with your claim.

I know I should have read the info once, twice and three times over anyway I have got the money together now so I shall be proceeding as usual today

[bryantgumball]

well I filed my claim on Monday, and today I got a letter of issue, and apparently the official issue date to HSBC is xxth March, and they have until April xx to acknowledge.

Anyhoo, I received a letter from my beloved bank today aswell,

saying yada yada yada we believe if this claim went to court we could successfully resist and legal challege, however due to irrecoverable legal costs we are going to offer you £xxx, which in no way is an admission of our liability.

 

too late mate, I filed my claim on Monday and I'm sticking too it, plus if I accepted it would be £xx less than my actual charges + interest (and thats not including the £80 court fee!). This is the right thing to do yes?

[givememymoney]

Yes it is worth writing a letter to DG to the effect that you would accept their offer as a partial payment but if they want to settle in full then they need to give you all your money back.

[bryantgumball]

Yes it is worth writing a letter to DG to the effect that you would accept their offer as a partial payment but if they want to settle in full then they need to give you all your money back.

so basically saying I will accept this as a partial refund but I still want the rest and the court claim still stands?

[charlie10]

On my bank statements from hsbc it just says charge it does not say what the charge is for?

[givememymoney]

Yes absolutely but worth pointing out that you will settle now if they give you the full amount. You never know they might just offer it!!!

 

This thread may help and there is a link to a template letter http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=16

[charlie10]

How about the charges of £10.00 for card misuse can you claim them back?

[bryantgumball]

Yes absolutely but worth pointing out that you will settle now if they give you the full amount. You never know they might just offer it!!!

 

This thread may help and there is a link to a template letter http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=16

When you say the full amount..is this including the interest and court fee? because I sure could do with the £80 I spent of court fees + the extra interest

[givememymoney]

For sure you want the whole lot charges, interest and court fees. HSBC are lucky we don't start charging our own hourly rates as well for dealing with their unlawful charges.

[bryantgumball]

Ok well claim was filed on Monday, and now its Saturday and I have received a letter of acknowledgement today (saturday). Now what do I do :confused:

[nettyg]

hi

on page 2 of the acknowledgemet will be dg solicitors address. send them a copy of your breakdown of charges and send 2 to mcol at northampton with a covering letter asking for it to be attached to your claim no. xxxxxxx

next step now (this is the long wait until they defend) look up how to fill in an allocation questionnaire and get familiar with what happens next. i'll send the link. it will all be a bit mind blowing until you get the questionnaire but just take a good read. if you download the N149 form from the link i'm sending, you'll see what it looks like and be able to ask questions about what to put in where ok?

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

 

Notes for completing a small claims track allocation questionnaire - Form N149 An online PDF version of the form is HERE

[nettyg]

just read up a thread and seems a bit quick to have received an acknowledgement already. so keep what i've just told you for the step after! you should receive a notice of issue in the post (acknowl comes later). send a breakdown all the same and follow up with a phone call to dg after a couple of days to ask if they've received it.

[bryantgumball]

just read up a thread and seems a bit quick to have received an acknowledgement already. so keep what i've just told you for the step after! you should receive a notice of issue in the post (acknowl comes later). send a breakdown all the same and follow up with a phone call to dg after a couple of days to ask if they've received it.

nettyg please don't scare me - I have received the notice off issue (on thursday) and the notice of acknowledgement today! :-|

 

The letter says:

"An Acknowledgement of Service of your claim has been filed today, a copy of which is attached. The defendant now has 28 days from the date of service of the claim form to file a defence"

 

The letter of ack is dated xxth March, which is the day I received the letter of issue. I'm really worried now since, as you say, they have done it so quickly.. please reassure...

[givememymoney]

No need to worry looks like everything is in order you got your notice of issue then the acknowledgement. Follow Netty's advice and send a breakdown of your charges to the Court and DG. Then onto the AQ stuff.

[bryantgumball]

help!

Its been 3 weeks since I filed the claim, but I'm confused. HSBC have 28 days to file a defense, which they haven't yet.

As per previous posts, I filed the claim on xxth March. They acknowledged the claim on xxth. But, on the notice of issue letter I recieved, this is written:

"You claim was issued on the xxth March 2007. The court sent it to the defendant by first class post on the xxth March 2007 and it will be deemed to be served on the xxth March 2007"

 

So my claim was issued on the xxth

they acknowledged it on xxth

it is 'deemed to be served' on xxth

 

so what date do I take to be the 28days from to file a default judgement/give them more time?? 13th 15th or 18th?