norty25 vs HSBC - back again

[Norty25]

Hi everyone,

 

I looked into reclaiming my charges a while back, but it semed that most people are claiming for thousands, whereas my charges only amount to about £600 so I wondered whether to go for it or not.

Anyway I've had a good think and I dont see why HSBC should get away with it - no matter how small or large the claim.... so (with a little persuasion from my fella) I've finally decided to definately go for it.

 

Have had another read through the guidelines etc, have printed all my online statements and am now in the proces of going through and highlighting all my charges in preparation for the first letter (will use the template).

 

The majority of my charges relate to 'total charges' (for going over my overdraft limit)

I'm thinking of just claiming for these and not bothering with interest, as I'm not claiming masses anyway and it seems quite complicated to calculate the interest on these charges - does this seem sensible?

 

thanks, wish me luck! x

[nettyg]

£600 is £600!!!!

 

i wouldn't say that was a small amount. go for it, it's your money

 

you've got the statements, highlight the charges, put them on a simple spreadsheet and your'e away

 

help is at hand should you need it ok?

 

netty x

[lateralus]

as for the overdraft interest - take a look at the interest charges on your statements; the ones with DR next to them - as your claim is relatively small - it stands to reason those charges will be - IF you were asking for them back - the spreadsheet does the figuring but you are asking for the portion of the interest charge which relates to the unlawful/unfair charges that you are reclaiming - so it may only be a portion of the interest for any particular month. i'm explaining it, just so you understand it and then i'm saying: it probably wouldn't add up to a lot and in a small amount case - i think you are better off leaving it (unless it looks to be a significant amount). if you are NOT claiming the o/d interest - use the "simple" spreadsheet to 1) make a neat and tidy list which you will use as your breakdown of charges and 2) figure the 8% which you will add on to your claim when you file - the 8% column and total - for the first 2 letters - just cover it up/fold it back/ whatever - so the interest doesn't show - and that is the list of charges you are asking for in a very neat format. then when/if you need to file - the 8% interest is done and then the whole thing becomes your breakdown of charges which will go both to the solicitor and the court.

you may find with it being a small amount and if you include no o/d interest - you may get an offer earlier than some- as they've less to argue about. good luck - you are just asking them to give you back what they took from you - it makes good sense.....

just follow the step by steps and you'll be fine.

[Norty25]

Thanks for this - I'll keep you posted!

[Norty25]

I just wondered is the complaints address given on HSBC website (Arlington Road, Leeds) the correct one to use for the prelim letter?

 

thanks

[Norty25]

sorry I meant Arlington Business centre!

[lateralus]

it's fine. or the branch. or the main office in london.

but yes, the leeds centre is where any response will come from.

[Norty25]

Have checked royal mail and my letter wqas received on 23rd Feb - 14 days to reply....

[Norty25]

Hi I've had a letter from colin Langdale at HSBC today along the lines of 'thank you for your letter.. I am looking into the matter and will contact you with a full response as soon as I have completed my investigations.. here's a copy of our leaflet etc etc...'

 

Should I send the LBA now or give them time?

 

any advice much appreciated

[lateralus]

stick to the timetable - send the lba. you'll be waiting until the london olympics for them to contact you.

[Norty25]

ha ha, well I dont really want to be waiting that long... I'll get it done

 

thanks!

[Norty25]

OK well it's been 14 days now - plus a couple more as I've been really busy but am now at the stage where I have to issue a court claim.. IT'S ALL GETTING A BIT SCARY NOW!!

 

Am going to do this online so will go and have a look now at www.moneyclaim.gov.uk

 

Any guidance on this bit much appreciated although I will have a look through the FAQs too.

 

Was kinda hoping I wouldn;t have to go this far as only claiming a small amoutn but hey-ho isnt that just the way of life!

 

AM NOT GIVING UP!

[Norty25]

Right, have had a quick scan through and cant decide now whether to go through MCOL (there seem to be some restrictions to this ie number of characters allowed).

 

Is there any cost difference or other benefits I should be aware of which might help with my decision between issuing a claim via MCOL or form N1?

 

Thanks muchly x

[lateralus]

mcol - def. it's the lazy person's way to claim - look at the particulars template in the library templates and i'll send you mine as another example - it's a dawdle.

[Norty25]

ahh well ive definately been described as lazy in my time so that'll be the way to go for me!

cheers for the help....

[Norty25]

Well it's done - have completed and submitted MCOL today - thanks to Lateralus for the help, so now just wait and see what happens next.....

 

Do I send the letter with the schedule of charges straight away?

[lateralus]

Once you have filed your claim, you need to 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:

 

 

Quote:

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,

 

 

then:

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. DG's address will be found on page 2 of the acknow.

 

 

Quote:

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.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely

[Norty25]

done and issued

[Norty25]

Hi,

 

my claim has now been acknowledged - do I need to PM one of the moderators with my claim number?

 

thanks and happy easter!

[Castlebest]

No just do the letters Lattie has outlined above.

Remember this is a self help site, we have a wonderful arsenal of information here and we help each other when we can (which is every time) but the bottom line is we are all responsible for our own actions so only you need to know your details.

pete

[pinkduchess]

I think norty means about getting it listed in the 'litigation in progress' section which I presume is optional.

[Castlebest]

I think the litigation in progress section is like the appendix, was useful once but has been superseded, mainly because most of us have litigation in progress

pete

[pinkduchess]

lol

 

I did pm a mod to get mine listed but it hasn't appeared. it does still seem to being updated though.

[Castlebest]

All that counts is getting into the ****WON**** section, and you will very soon now

 

pete

[pinkduchess]

yes.. thats the attitude. I like it:)