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    • i believe thats ok let @Andyorchcheck it over mind   dx  
    • here comes £25..you have to wait sadly before issuing your letter of claim.
    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
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    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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HSBC Business account total charges


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Hi, I have 2 business accounts with HSBC that have both had their fair share of overcharging, I am in possesion of all the statements for both accounts.

 

A lot of the charges are listed as "total charges" and I understand that for business accounts this is a combination of non claimable and penalty charges.

 

I receive a breakdown monthly on a seperately posted Summary that just lists these "total charges" debits, unfortuanately I only have around 20% of these total charge breakdowns.

 

My question is if I contact HSBC with a request for 6 years statements will they not just send me the regular statements that I allready have and not the Summaries I need, mayby there is an alternative way for me to get a breakdown of these charges, I looked via online banking and it only shows the total "total charge" not the individual breakdown.

 

Has anyone obtained breakdown of business total charges over the phone ?

 

Cheers hope someone can advise

 

Tony

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I am also claiming for a personal HSBC account, due to my eagerness to get back my dues I have gone straight in for the jugular and sent the LBA by mistake! I was thinking of sending anoter amended LBA in 14 days but then it looks like I am not standing by my threats (14 days or court proceedings begin) anyone have any advice to offer?

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  • 3 weeks later...

Recieved a letter re my personal account from Mr Langdale saying they are looking into it ... yeah right, I resent the lba after adding overdraft interest charges (thanks Vampiress), 14 days till I can file the MCOL...

 

I am having a hard time of getting the breakdown of "total charges" from hsbc for my business account, they sent me copies of statements as I thought they would despite me making it abundantly clear I only wanted the summary of charges breakdown, I have made several attempts to get this info off them, anyone had any luck getting the breakdown off hsbc ?

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Total Charges Saga continues...

 

Visited my local branch end of last week to explain that I had been sent the wrong information last week, they sent an internal mail (which i photocopied) stating that I want breakdown of business account total charges NOT more statements, guess what arrived today ? MORE STATEMENTS !! :mad:

 

Went into bank to ask why they are witholding this information with me and I informed them I had made every effort to get this breakdown of charges and that I believed they were purposely witholding the information, it had been 30 days since my original request and I had copies of all communication, end resullt was the mysterious total charge breakdowns appeared on their screens, am returning in the morning as they are supposed to make copies for me by then.

 

Time for MCOL on the personal tomorrow also so gonna be a busy day, oh what fun :)

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Finally recieved breakdown of total charges for business accounts so now I can proceed with them :)

 

Filed MCOL for personal account today with 8% court interest, am I right in thinking that I can now hold out for the extra 8% if HSBC offer to settle ?

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  • 1 month later...

Time for a long overdue update, all this is regarding my personal account.

 

I sent DG and MCOL a breakdown of charges after the claim was served.

DG defended the claim at the last minute and I recieved notice that the case was being transfered to my local court and that an allocation questionaire has been dispensed with.

 

A few days ago I got this order from my local court

 

"Before DISTRICT JUDGE DUDLEY sitting at Southend County Court

 

Upon the courts own initiative

 

IT IS ORDERED THAT the claim is stayed untill 27 June to be referred to District dge Dudley in paperwork on 27 June "

 

 

I have not sent DG anything apart from the breakdown of charges when claim was served, I added the bit about "discussing overdraft with themselves and the judge in that letter tho.

 

Any advise on what action to take next ? have had a good look around and seen the threads about getting a stay removed becaude DG have requested it but my letter makes no mention of that, just what I have typed above.

 

Am i expected at court on 27th June ??

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Anyone have advice on my previous post pleaseeeee :D

 

I was thinking of sending this nudge tomorrow.

 

Dear DG Sols

 

As you are aware District Judge Dudley of Southend County Court has ordered for this matter to be referred until 27th June 2007

 

I am contacting you again in an attempt to open a serious and sincere dialogue with yourselves to get this matter resolved before wasting any more of the court`s and our time.

 

I would be willing to accept £1750.00 as full and final settlement on this matter, I am sure Judge Dudley will approve of us settling before the hearing.

 

Should you wish to pay the money direct into my account, I will notify the courts the matter is closed.

 

I have again included a schedule of charges for your attention.

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Hi CB, I got a court date yesterday, but letter is at home so cant check wording of it till later. I will check tonight to see if exactly same. I have sent 1 nudge letter on the 12th and had nothing from DG, so now with court date i will send second nudge in a day or 2.

 

You say that DG have asked for stay, but your Quote says 'Upon the courts own initiative' :confused:

 

If that is correct, it sounds like the court is giving DG & you time to settle before court date.

Have the court asked for an AQ or not.

Have a read up on Latties threads.....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

Your nudge sems fine.

 

I think you have to be seen to have contacted DG on numerous times to get the stay removed, basically to show you are trying to resolve but DG are not playing.

Good luck, i think we are about at the same stage, and im working on business claims as well but havent filed anything yet, it will happen soon.

 

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi Celicaman

 

The Judge not DG ordered the stay, I think there is quite a few bank charge cases set to be heard the same time, I meant in previous post that I had read other nudge letters that mentioned DG had requested the stay but that does not seem to be the case for me, also I am not sure if I am even expected to turn up on my date as the court order just says

"IT IS ORDERED THAT the claim is stayed untill 27 June to be referred to District Judge Dudley in paperwork on 27 June"

 

All I have sent DG is the breakdown of charges and interest after the mcol was served.

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Hi CB What i got yesterday, is a lot different to yours

 

Got my notice of allocation/directions hearing yesterday.

 

' Take notice that an allocation/directions hearing will take place on the 11th July at ****

When you should attend

20 MINUTES has been allowed for the hearing

Please note this case may be released to another Judge, possibly at a different court.

 

If this my court date, its not quite what i expected it to say

That is all i got , Castlebest reckons its the judge saying nudge DG, i think hes right.

I will forward your thread to him see what he thinks on yours

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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any joy on sorting out what charges are what on statements

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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RE Bank Charges

Only other thing to do, rather than send a total guesstimate which is a bit risky.

If you know how much each item IE cheque/ pay in credit SO & DD costs, List each and work out the costs, whats left is ( should Be ) the charges, the interest i think is always seperate on the statement, so not an issue.

 

At least if you have something close, HSBC can always knock back the ones that are incorrect, but also quite importantly, if you ever get in front of a judge, you could state why & how you have came up with the figures and say that because of the banks refusal/ inability to provide an adequit summary of the charges, you have had to work it out manually, and also Cite them breaking SARS by not providing the requested info, to which they should adhere to.

This might also shake their booty's into making an offer as it cites them as not providing info, yet something else to add to your bow.

 

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi, I have worked out what charges are what on my business account but am not dealing with business at the moment want to get personal account sorted first.

 

I got a breakdown of my business accounts total charges from my local branch.

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Hi CB, i am doing same with business, just waiting & getting a handle on all the things you have to do to process the claim, then i got 3 closed business accounts going back to 1989 to chase after,not including the 2 current business accounts, and im going to try for CI on them all. But of course once i start that little lot i will be asked to change banks, and need t srt ot overdraft & business Credit cards etc. Already just set up a new personal account at a different bank, cos i got a second claim to start on same personal account pre 6 years, so i reckon i will be off this years xmas card list lol

 

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi, I am in the same boat, I have been unable to obtain a breakdown of total charges for my business account. I think I may have jumped the gun though - my case is due for directions on 2nd July. Will my case be thrown out if I don't have this breakdown? How would I go about getting this breakdown now? Would they give it to me over the counter at my local brancj? Hope you can help..........

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Hi, I am in the same boat, I have been unable to obtain a breakdown of total charges for my business account. I think I may have jumped the gun though - my case is due for directions on 2nd July. Will my case be thrown out if I don't have this breakdown? How would I go about getting this breakdown now? Would they give it to me over the counter at my local brancj? Hope you can help..........

 

 

How did you arrive at the figure to put your claim in, you must have had something to send to the bank. As a business you maust have a least your statements.

 

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Yes, I had my statements which stated "total charges" each time a charge was levied.........

 

What you need is a summary of charges, they usually come before the statement.

Chargeback got his over the counter at his bank, i would do that asap

 

Only problem at this point is that you would have to file an amendment N244 form to amend details of your claim if it is incorrect, i am surprised that the bank have not spotted it and said so, but with so many claims they may have missed it.

 

Plasticpaddy, do you have a thread started with details of your claim on for people to follow

 

CM

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Plasticpaddy, do you have a thread started with details of your claim on for people to follow

 

CM

 

Ignore that, ive just found you.

having read over your thread, i would still get the summary charges and work out what the real amout should be, i am sure bank will probably make an offer and will remove all the things that you cant claim for. At least if you have your own breakdown you will know if they have taken the correct amout off

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi, ok iv looked at what the Chargeback said and it seems that my friend will have to go into his local branch to get his breakdown of his 'total charges', iv written a letter for him to take in with him to explain what he wants, please can i have your opinion on whether it is ok? Thankyou, here it is:

 

 

Dear Sir/Madam

This letter is to explain clearly what I would like (and am entitled to) from yourselves:

 

I would like a summary of charges that have been applied to my account over the last six years.

You recently sent me six years worth of statements which included all charges against me on my account, a lot of the charges are listed as "Total Charges" and I understand that for business accounts this is a combination of non claimable and penalty charges, I want this complete breakdown of the ‘Total Charges’ on my account.

I know it is within your capabilities to print these off here and now in your branch and I hope that you are willing to help me maintain my business account with you by doing so today. Failure to do this will result in me complaining to your superiors, complaining to the financial ombudsman and me issuing you with a Data Protection non-compliance letter which would result in a county court claim against yourselves.

 

I trust this explains fully what I expect from you today.

 

Yours sincerely,

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I have just been in the same situation, When my statements arrived I noticed the pre notification sheets were missing. I wrote back to the address on the covering letter that came with my statements and asked them to supply them under the oridinal SAR, they arrived in a week. Its also worth noting that your first years banking is free so the Total Charges are reclaimable in full as they only include overdraft charges.

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Hi there, thank you very much for the post, it was very useful!!

Im not doubting you whatsoever but what do you other people think about the fact that the first years banking is free so the total charges are fully reclaimable?? Is it worth claiming this or will this be confusing matters slightly?

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I had a business account for 11 months, free banking means you dont get charged for payments in and out of your account or the monthly service charge which are the only other items in total charges that you cant claim back. I did not have the prenotification sheet so simply claimed the total charges from my statement.

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