thenanny v HSBC!! ***WON***

[freakyleaky]

Hi jo! dam computers! No you can't add charges at this stage. You would have tostart amother claim or do what I do and ring them and say if they don't refund then I will start another claim!

 

Bundle in today? Keep an eye on the post over the next few days!

[chauvesouris]

Not that it's going to get to court, but if you did find yourself before a judge and there were extra charges, you could ask the judge to take them into account - the worst thing he can do is refuse.

 

But if he does refuse (or, more likely, you don't get to court) then you can still ask for them back from HSBC and I agree with Freaky - I think they will be more likely to pay up now that they know you are serious.

[2makemoremoney]

****!

 

Had a phone call off DG today, well this afternoon whilst picking kids up from school. I had faxed them the latest reply to their offer as well as latest shedule of charges as the court bundle may not have got there due to postal strikes.

 

The man on the other end wanted to know what my "lega base for argument" was regarding the interest claiming on my account. I just said that if I hadnt have had charges put onto my account forcing me into overdraft in the first place I wouldnt have had interest charged on my account.

 

He stated that they had made a fair offer and I was being unreasonable, I stopped him there, as I thought they were being unreasonable not answering any of my correspondance until late last week since March! He couldnt argue with that for a change.

 

He still persisted with "what was my legal basis behind claiming the interest back". I couldnt answer in the nerdy terms they use, so just kept on answering the same, sounding really thick! I also pointed out that their offer (which he said on the phone was for ALL the charges I have recieved) without claiming the O/D interest was still £400 out anyway.

 

Ended with me saying if thats all you have to say on the matter I suggest you get your train ticket to Blackpool North ready as I'll see you in Court on Wednesday.

 

Now really in need of Daniels nappy! plop!

 

What now?? What should I have said? Do I really not have a case for getting my o/d interest back?? Are they entitled to put in on my account?

 

Jo x

[freakyleaky]

They are entitled to charge interest on an overdraft, but the portion of the interest incurred from the charges is unlawful! The legal argument is that without the unlawful charges you would not have incurred so much interest and are therefore claiming it back.

Looks like you may have to take it to the wire.

I would like to see lat or petes take on this!

[2makemoremoney]

Oh crap!

 

I feel sick!

[pinkduchess]

you'll be fine

[Castlebest]

You are right and they are wrong, they charge you... which increases your overdraft... which in turn increases the interest charged on that overdraft.

 

If they pay you back the charge you want the interest that it incured too.

 

pete

[2makemoremoney]

bump

[jowalshy]

I would draft a letter to DG. Explain to them that you are replying to their phonecall and that you are entitled to claim the interest aswell. Tell them that you are only claiming a proportion of the interest that they had charged you that relates only to the charge that they have taken from you. If they hadn't charged you the penalty charge then the overdraft interest amount would have been less. So as Pete explained earlier, if they are willing to repay the charges that they have taken from your account then you want the interest aswell.

[lateralus]

right, i'd email it - as the court date is wed. and also send it in the post -

just a little something like -

 

 

 

In response to your telephone call of 16/7/07 I would like to reiterate my position on the claim I have filed against your client.

 

You query my claim for overdraft interest. While it is true that interest is applied to the whole overdraft, if some of the overdraft is made up from (unlawful) charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable. I am not applying for the return of all overdraft interest - only that portion which relates to the charges which I am reclaiming.

 

You state you are unable to account for the portion of overdraft interest caused solely by application of the charge. This sum has been calculated according to a legitimate formula, and I am confident that if presented to a judge, will be seen as reasonable. The amounts in respect to this have been clearly broken down in the schedules included with all my correspondence.

 

It may have been helpful had you made contact with me long before today - with less than 40 hours before a schedule hearing. I have tried to make contact with you on numerous occasions and can prove this to the judge with copies of my correspondence. Your half-hearted offer and last minute follow up telephone call do not constitute a reasonable attempt to reach a resolution.

 

I shall also point out to the court that I have supplied the documents required by the court's directions while I have not been provided with those of your client.

 

I require xxxx.xx in full and final settlement and upon receipt of your confirmation of an offer in that amount, I will notify the court that an offer has been received and upon receipt of that amount I will ask that the claim be halted.

 

 

Should you wish to reach me before the time of the court hearing, I can be contacted by telephone on xxxxxxxxxxxxx.

 

 

Yours sincerely

 

 

 

 

 

does that cover it (they haven't sent a bundle have they)

anything else he was bleating on about that should be in there?

 

i'd e-mail it soon as you write it and keep your phone on tomorrow.

 

get back tomorrow night if nothing - just so we can light a candle!

really, jo -you'll be ok - i don't think you'll get to court - wish it were next week - i'd come to blackpool myself! keep posting if we can help. keep an eye on your account - they might just bung it in there.

[jailbird]

Hi

 

What time are you due in Court on Wednesday ? If pm I will come with you for support.

 

Chris

[lateralus]

it's noon. (high noon!) jailbird, you can hold the baby with the cacky nappy!

 

i'm sure she would appreciate your support - i'm hoping they get back tomorrow with a sensible offer.

[jailbird]

No Probs. I have C & R Training at 08.30 so hoping to be thru by 11am. That give me an hour to get to blackpool. Will be ok.

 

Will only go if I dont have to deal with crap..............deal with that all day !! lol

 

Better pm me so we can make arrangements.

 

She will be fine

 

Chris

[lateralus]

see jo, you've got a court buddy -

and he's seen the inside of a court before - he'll be helpful!!!

pm him if you want him.

i'll try to be on early tomorrow to see if you've been on - try not to worry - they still don't want to go to court

read up on this section - just in case:Guidance Notes

[jailbird]

He is a she..............or was last time I looked !!! lol:p

[2makemoremoney]

Oh I cant stop laughing at what you've all put.

 

Cacky nappy.....pmsl

 

I'm leaving cacky nappy man to Grandma so ur safe there Chris, very kind of you to offer. It would be really good if you could come to court as I would be on my own against them.

 

Thanks so much for the letter, I will email it to them. The guy got me so riled.

 

No they havent sent me a court bundle at all.

 

Jo

[jailbird]

Sorted Latty................going to meet 'under the clock....carrying a copy of the times'.......lol

 

Like you I dont think it will come to going to court but told Jo if they do offer to ring Court and out date back couple of weeks until she gets money. Also to tell DG that she is doing that .

 

Cheers

 

Chris

[lateralus]

chris, you mean you're a lady - once again - wrong assumption - i thought you were a he - soooo sorry! see it's that unisex name - it threw me! i should know better - everyone thinks i'm a he (they should know better! - for all i ramble on!)

 

anyway - i'm hoping it doesn't come to it - but if it does -

take a look at nooey who is the only person i know of to get to court with hsbc - Nooey vs HSBC **WON IN COURT** judge asked if he had any trouble parking! then he won.

 

read those guidance notes through especially the first one -

i was reading your thread last night and couldn't see what kind of hearing it is - is it an allocation hearing? whatever - in this one GOT A COURT DATE? A guide to the later stages gary tells what to take to each - and you've got your bundle anyway - but in the going to court one - it gives more what to expect.

one thing i'd do - if it's a directions hearing you may not get a chance to speak - but if you do - i'd have a copy of your table of contents handy and separate just so you can see immediately where something is in your bundle should you be asked for it (like cheat notes) so if the judge mentions correspondence - you can look at yours and see instantly where everything is - i'm thinking if you get to say anything it would be why you think the charges are unfair or something along those lines and i'd say thank you to mr. d.g. who gave you more practice yesterday than you are likely to get anywhere - you held your own with him on the phone - you'll be fine in court - they don't expect lay people to talk like lawyers -

 

you'll be fine - if it happened to some on here - i'd be worried - but your fighting spirit has shown through in your posts - i just wish i could be there to see you!

 

pep talk over - get out there and fight, fight, fight!!!

[jailbird]

Latty,

 

I'm no lady.............I work with 'bad lads' all day and know the words to go with it ! But thanks anyway.not many people call me that.

 

 

Jo rang me last night and then sent me text with picci so I would recognise her. She is very unsure but between us both we will get em........

 

PS was the above thread meant for Jo ?

 

Chris:p

[freakyleaky]

Great to see people pulling together like this! Restores your faith in the human race!

Will be thinking of you!

 

I have a feeling you won't get there though. Maybe a full offer today? Figers crossed!

[2makemoremoney]

OKKKKKKKKKKKkkkkkkkkk

 

Just had a phone call from Mr Palmer of DG again, the duy I spok to yesterday.

 

He said he'd recieved instruction from the bank to pay me HALF of the interest charges back. He argues that the spreddy I did calculates that they owe me ALL of the interest back and they cannot justify that at all.

 

So it is being left for my consideration and if ok they will put the money into my account overnight. To which I replied IF i accept, the money will be sent to me by cheque and I will instruct the courts to be put on hold until I get that cheque.

 

They have offered me £3156 in total now and I was claiming

 

£3239.53 for the charges and 8% interest

£712.04 for the o/d interest and 8% interest.

 

 

Any responces anyone....what say you?

 

Jo

[pinkduchess]

in reply to your PM heres my take on it

 

sounds like theyre suddenly in a hurry to settle now with one day to go!

 

If you are absolutely certain on your OD interest figure i would tell dg youll settle for nothing short of the amount claimed.

 

im thinking they will cough up today & if you put up a last bit of fight it will be for the full amount. keep in contact with them today. we know they dont want to be going anywhere near court tomorrow.

 

now that was easy for me to say all that - i'm not in your shoes.

 

See what the others think.

 

And i agree with freaky - its great that JB has offered her support & is going with you.

[2makemoremoney]

Thanks for that Pink,

 

Regarding the o/d I was following advice on here and putting what was on my statements into the spreadsheet to calculate. Is that right?

 

He even said " its not cost efffective for us to go to Court so the bank have advised me to offer you half your interest charges back as a goodwill gesture" Is that not admitting they are going to lose or is that wishful thinking on my half?

 

 

jo

[pinkduchess]

then i'd go back & tell them youre not willing to accept.

 

 

i saw this - might be of some use

Legal Arguments in support of Claim

[Castlebest]

Ok my thoughts, go get one of daniels nappies before you call

 

You have to be confident on the phone tell them you are right and you know you are and they are wrong, I beleve this is the case with your claim anyway, they are just trying to bully you.

 

They dont want to go to court and they dont want you to go either because a pretty young lady in front of a judge will win every time (sexist I know but also human nature)

 

Your interest calculation is correct because you used the CAG spreadsheet, thell them its been checked many times and the calculation gives you the total interest against the charges only and you have no problem with the interest charged against the rest of the overdraft.

 

The charges should never have been deducted therefore the interest against that value must come back too and you want it back.

 

 

pete