hsbc v sbennett ***WON***

[darkrage]

ahhh message to all on mcol site get off i need to submit :grin:

 

my finances have now caught up but mcol hasnt the site is too busy to allow me to submit - hsbc have been paid off by myself now they cant get me for anythin other than paying me my money - right who else can i claim against ;-)

 

ok lattie i have 3 copies of schedual ready to go off before i send things out i will confirm a few things either with yourself or netty - i have a few charges to be taken from me with hsbc but are not due to be taken until the acc closes (in a day or so) can i add these after mcol is served to the schedual or should i add them now i know how much they are for and the money is there to be taken.

 

if i add them now i will need to change mcol before i try and submit again.

[darkrage]

new particulars

 

The Claimant has held accounts (xxxxx)xxxxx- (xxx)xxxx-(xxx)xxxx since 1993 and 2005 respectivly. From Feb 01 to Mar 07, HSBC

has made 49 charges (on average 41.60:cool: for: Total Charges (when debit balance exceeded specified overdraft limit), Recall S/O-D/D (when cheque/direct debit payment was returned because the overdraft limit had been exceeded). These charges represent a penalty and do not accurately reflect the Defendant's administration costs. Further, they are contrary to the Unfair (Contract) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Reg. 1999 para.8 and sch.2(1)(e). Further, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Claimant claims from the Defendant a sum equivalent to the total amount unlawfully debited from the accounts, being 2139.50. Also claimed is interest under section 69 of the County Courts Act 1984 at 8%APR from date of each charge to date of the claim, total 387.17. Total with interest and court costs is 2646.67.:grin:

 

the extra charges add over £100 so i have added them - hope this is ok lattie on the schedual instead of date incurred i have put added at acc close 11/04/2007 would this surfice?

[lateralus]

put held account to Apr 07.

if they will be on by the time you file - then what's the problem - if you've closed and they've put them - can you see them on-line yet? maybe delay filing for a day or two just to be within the letter of the law? does that work - or have you already filed - when should the charges show up?

[darkrage]

the charges are due in may but will be added at acc close - so brought forward. rather than wait i may not add it just so i can submit now. my deadline for submitting was up on monday so rather than leave it much longer i will submit.

 

if mcol would allow me to submit - i still keep getting the technical error msg.

[Castlebest]

Ahhhh Darkrage has broken MCOL

[lateralus]

someone else said the same - must be overloaded!

[darkrage]

its been like that since yesterday - it was not me honest it the banks spaming the site so we cant submit

[Castlebest]

Darkrage did it (nod nod nod nod)

[darkrage]

to prove it isnt me i have emailed mcol to get them to repair the site and i quote

 

"i have been trying to submit my mcol online since 10/04/2007 and keep getting the same response from the website saying

 

Due to a technical error you cannot submit your form at this time.

Please select the Claim menu button to go to the claim menu to try again or contact the Customer Help Desk.

 

 

i have spoke with other claimants on the consumeractiongroup forum who are getting the same response from your website and are also unable to submit mcols online and blaming me for the broken site which i find ridiculus and demeaning to my technical know how.

 

 

would it be possible for your technical department to look into the problem and fix the website so we can submit our mcols and prove it wasnt me!

 

 

yours hopefully

 

 

 

 

steven bennett"

[darkrage]

i have just downloaded the court bundle and i think i will need a helping hand when completing and understanding it completly it does look fairly straight forward (ish dont quote me) i will spend a couple of days reading throught it then post some questions for the more knowledgeable will get my paperwork in order and wont give hsbc the chance to get me thrown out of court.

 

1 question i have now tho is

 

the cases on here that have already been deemed won which have relevance in my case - could i quote these cases in the court bundle? or is this only for milestone cases.

 

reason im asking this is id like to make my case water tight if possible and 0 mistakes. hmm off to work now will start reading and organising tomoz.

 

wish me luck lol

[lateralus]

check my thread when you've filed your aq - in post 1 is a pretty complete list for where things are - garyh is pretty up on this stuff if you want answers. i woldn't start copying too much til you have a court date looming about 5 days away.

[darkrage]

request- im filling in n1 form now as mcol is still down Does anyone know which court i should file at

 

my locality is flintshire so i have either flint magistrates court or mold county court or mold magistrates court.

 

hmm ?? i dont know which:confused:

[darkrage]

lattie are these poc's ok?

 

1. The Claimant has held Accounts (xxx) xxx("Account 1") / (xxx) xxx("Account 2") / (xxx) xxx("Account 3") since 1993 and 2005 respectively with the Defendant.

 

2. During the period in which the Accounts have been/was operating the Defendant debited 49 charges (average of £41.60) to the Accounts in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £2042.50;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of each charge to date of the claim, total £386.72, Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.45 per day OR at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

[givememymoney]

I think you need to file at the county court you could ring them to check.

 

Here are some comments on your POC:

 

lattie are these poc's ok?

 

1. The Claimant has held Accounts (xxx) xxx("Account 1") / (xxx) xxx("Account 2") / (xxx) xxx("Account 3") since 1993 and 2005 respectively with the Defendant. It isn't clear which accounts relate to which dates. You could try "account 1 and account 2 since 1993 and account 3 since 2005.

 

2. During the period in which the Accounts have been/was operating the Defendant debited 49 charges (average of £41.60) to the Accounts in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A complete list of the charges applied to these accounts are attached (to these particulars of claim.) You could remove the bit in brackets

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £2042.50;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of each charge to date of the claim, total £386.72, Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.45 per day OR at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

[darkrage]

thx for the info - will edit and print and take to flint magistrates court this afternoon. - bet hsbc thought i had forgot or give up

[darkrage]

N1 forms submitted to county courts (fee paid)

[givememymoney]

Well done. Now comes the waiting game

[pinkduchess]

its countdown time

[darkrage]

thx will need help with AQ and court bundle - i have downloaded the court bundle from here.

[lateralus]

don't start messing with the court bundle - you are28 days plus another 14 days plus probably another minimum of 14 from even needing to look at it.

as you've done the n1 - it is pot luck (really, it is up to your local court) whether you get an aq or not (the mcol peeps are having them dispensed)

so.....if you get an aq - i'll be happy to send along the how-to instructions and some of my own personal thoughts on aq's.

now, you just wait.....

as you've done the n1 - the courts have your breakdown - so when you get the acknowledgment - send dg a copy of your breakdown with a claim number referenced for them. aside from that - you wait.

[Castlebest]

Hmmm 56 days until court bundle time, that’s over 10 pages a day even from now

As lattie says forget the court bundle, its very unlikely you will need it and it is a lot of copying and messing about.

Just sit back and read what everyone else is up to here, lend a hand if you can, read up on AQ's, download one and fill it in (I did) in case you get one although there is no guarantee of even that.

Who knows you might get an offer lol.

pete

[darkrage]

cheers for the info - i like waiting

[darkrage]

hi today i recieved the letter from court with a claim number on it - if any mod would like the claim number so they can track it let me know i will post it.

 

also scheduals sent to dg before they get chance to moan about not having them

 

if there is anythin else i should be doing please let me know thx.

[lateralus]

that's it - and personally (and i know pete agrees) i don't like telling peeps to advertise their litigation details. up to you - but i think it is a little too much like letting dg into your mind! (call me paranoid!)

 

who said that?

[Castlebest]

Sadly I agree with Lattie, call me cynical but if I worked for DG the first thing I would do is set someone to monitor places like this, spot someone with a fear or weakness and your almost there. If you advertise your case number its even easier.

Then that’s me, no faith I suppose

pete