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zoet15
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After a few choice e-mails to my bank requesting bank charges back, they advised me to write to them detailing charges and dates added to my account along with description of charges. I obliged by sending them a prelim letter with attached spreadsheet with 8% interested added on as a goodwill gesture!!, which gave me a grand total of £2200 (spread over 2 accounts, sent 2 different letters and spreadsheets, recorded delivery). 14 Deadline up on 28th Feb 07, so lets see what happens.

 

Have other accounts but thought i'd try these ones first, as i have mortgage with them didn't want to rock the boat to much on the first outing.

 

Fingers crossed:?:

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hi zoe... welcome to the forum.

claiming your charges will not (or certainly should not) affect your mortgage, so don't worry about that. did you fill in a spreadsheet from another site by any chance? on here, the advice is not to ask for interest until you actually file for a claim in court.

anyway you've done ok up to now. just stick to your timescales, ignore any letters that come from colin langdale (unless it's for a full or very close offer), and read read read as much as you can on this site. read all the threads you can and get as confident as you can.

good luck

netty

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Thanks netty,

 

Used this sites prelim letter and anothers sites spreadsheet, which i found easier- sorry!

However i had already e-mailed the bank prior to this asking for charges plus interest, so thought best to continue down this path.

 

Interestingly enough i did go overdrawn again, which would noramlly have incurred a £25 charge but they haven't charged me this time, maybe because they have my letter, maybe not ??

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i know what you mean... i used mse's spreadsheet first time round too. but when you are asked for a breakdown of charges, the bank or solicitor will want to see a complete breakdown which includes- what the charge is for, date amount etc, so when you submit another one, use the england-simple-excel, it's very easy to use.

 

Interest calculation spreadsheets

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Well their 14 days are up and i haven't heard a thing, just typed up the next letter thats going to them recorded delivery tomorrow.

 

i am concerned that some of the charges that are coming up to 6 years won't be paid out as they would be over 6 years old by the time i go to court, does this matter as i requested payment prior to the 6 years???

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well, it won't be long now - 14 more days and you'll be filing your claim and that is the date - the d ate you file - which you can go back 6 years to - so let's say you send the lba tomorrow 1 mar. you will file on 15 mar - so you can go back to 15 march 01 - you shouldn't loose too many by then hopefully. might as well drop any older than that off the spreadsheet now. you could claim for those but it's a minefield - wait until some of the ones doing it get it really right - you may be able to claim for older charges at a later date - just read up on other threads about this during your waiting times.

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  • 2 weeks later...

Thanks for that lateralus, i received a letter from HSBC bank on the 1st March 07- same day i sent my LBA, so crossed in the post.

 

Offering me £530.00 on one accound(i asked for £704.00) & £874.00 on another (i asked for £1053.00).

 

I haven't responded and am just letting the letter LBA do all the talking for me. Should i return the offer saying refused or continue as i have been.

However, LBA states - "as you haven't responded", but they have albeit 1 day late.

 

Any suggestions?

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Thanks, i have just typed reject letters to them, will be in post first thing, LBA deadline 16th March allowing for postal times etc, so this is the time i have given them, is this right or should i give them 7 days?

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i'd keep to my original schedule - lba + 14 days, then you file the claim - they seldom offer before you file (and if they do it's usually derisory). you were lucky to have had an offer - but maybe they are getting a bit quicker to respond. i've heard they have a whole office-full on it now - so it may be getting a little faster. but just stick to the schedule.

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  • 3 weeks later...

I have finally got around to making my claim and have given them more that enough time to reply to my offer reject letter.

 

I need to know as i am asking for money back on two different accounts do i need to make to separate claims or can i total the amounts on one claim form as under £5000?

 

And is there any difference between MCOL or completing a hard copy claim? i.e time or cost.

 

Thanks,

 

Zoet15

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no you don't have to make two separate claims. but reference each a/c number on all correspondence. mcol is just convenient because you can watch the status of your claim online. cost just the same - time still the same.

good luck

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You will be fine with both accounts on one claim as long as they are both personal accounts. The system is the same for business accounts but the case law is slightly different so you would have problems with your particulars of claim when you submit your claim to the court if you mix them.

pete

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  • 3 weeks later...

Thanks for all help and advice given so far, a little more would be appreciate.

I have filed my MCOL. 3 days after filing my claim, hsbc wrote to me ( A letter i assume has been back dated to the day after i had submitted my claim, i.e before they were notified) Offering me a full settlement.

1. Do i need to respond to this letter?

2. They have since said they wish to defend the claim, can i send their offer letter as evidence?

3. Do they try to defend or pay up at the late minute?

4. Can you change the claim to include any new charges after i have submitted the MCOL?

 

Obviously now i have paid court costs and added the interest so assume that i will still be ok to continue with my claim as their letters dated after the date i submitting MCOL.

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choices, choices, choices,

you can't add any more charges on to the claim that has been filed without amending it and paying £35.

 

you could accept their offer - it was from hsbc - after you file you will be dealing with their solicitors - dg.

 

if you wanted to - i could put you a letter here and you could send it back to hsbc saying if they will add on the cost of your filing and the additional charges that you would accept that offer (but you will not get the interest) i'm pretty sure they would accept that deal - the adding on of mcol fee + additional charges -

 

or you can just carry on with the claim - in which case you could write and say thanks, but no thanks to the offer.

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Thanks, for that.

 

I think i will send them a reject letter and proceed as planned. Nothing ventured, nothing gained.

At least i have some evidence if it ends up in court.

Although letter state they do not accept the charges are unlawful etc, they deducted £13.00 for charges they feel they were right to charge, or words to that effect. In other words only £13.00 were legal charges....i am sure the judge will love that one!!

If only they had offered everyone the full amount ages ago they could of saved themsleves, what can only be "monsterous" legal bill.

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yes, that's true - they would save a lot.

just a point or two - save any new charges for another claim -

also, you probably wouldn't be able to use that letter in court as i'm betting it says "without prejudice" on it - which would mean you couldn't show it.

but that's really beside the point - as it won't get to court anyway.

 

here's some infor for after your filed your claim:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, 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,

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. Their name and address will be on page 2.

 

 

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,

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Thanks again Lateralus,

 

I have already sent the first letter off but will send off second letter to DG tomorrow, as received Notice of Aknowledgement last Friday, do i send it to the person named on the acknowledgement or just a general sir/madam letter? Can i send them a copy of HSBC banks letter or do you not think this is a good idea?

 

Thanks again for your help, its so difficult to read everthing on this site as its so vast..

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Hi zoet15. I sent mine to kate Eaves as it was her name on my acknowledgment. As for HSBC's letter I don't know.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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you can address it to the person named on page 2 - is it still deborah d'aubney (wondered if she's had a nervous breakdown by now)?

i don't think it matters if you send it or not - there appears to be little or no communication between them - and you are now dealing exclusively through dg. once you've sent them your breakdown - it's a matter of waiting until they submit their defence.- due 28 days after the issue date on your notice of service.

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send it to the named person at dg, on your acknowledgement. they may well not deal with it but i'm sure it but i'm sure they'll pass it to the correct person!

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

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Hi Jowalshy thanks for your reply.

 

Yes kate Eaves signed for mine too, her hand must be hurting for the amount of times she has to sign her signature everyday ha ha.

 

I will send mine to her to.

 

I'm not sure about my letter either, just thought it might speed things up and help them decide on course of action, if info from HSBC bank to DG is slow.

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