jk v HSBC ###won!###

[Castlebest]

until you file with the county court ignore the interest, if your charges alone are under £5000 then you will be ok to file your claim as normal. you dont need to add interest until you file and as netty says if you are only just over £5000 you will probably still be in the small claims department.

 

Interest is a bag of worms, basicaly there are two areas to look at.... Overdraft interest the bank has charged you (historical interest)... the spread sheet calculates this for you and in theory its a straight reclaim of what has been deducted because your account had money taken out of it unlawfully and the bank added interest to that overdraft... and secondly interest on the money the bank unlawfully took from you and denied you the use of... the county courts act 1984 allows this at 8% APR from the day the deduction was made from your account... again the standard spreadsheet calculates this...

There is an argument for replaceing the 8% with whatever interest rate the bank were charging at the time but there is a lot of argument at the moment about this and personaly, unless your going to spend hours reading the threads I would stick with the 8% (i've read them lol)

 

pete

[Castlebest]

The deemed served date is on the notice of issue form you received before the acknowledgement, I submitted my claim on the 7th March it was deemed issued on the 13th, and my 28 days is up on the 10th April.

pete

[Castlebest]

I had to ask for it to be added to my settlement but I did get it

 

pete

[Castlebest]

Gawd I overcharged HSBC... ho hum

 

pete

[Castlebest]

Is your second claim that big Give ?

 

pete

[Castlebest]

Hiya jk I would hope you dont care what they think because we dont agree with what they say either.

Just follow your time table on the "very disapointed with your negative responce" line when your deadlines are up send the next leter or file your claim with the court.

They are playing the we are right game in the hope you will belive them and go away.

 

pete

[Castlebest]

Hiya JK, sorry your in DG's hands, I think its easy to loose sight of what we are trying to achieve with our claims.

 

Once you have filed your claim with the court you are dealing with DG Solicitors these are the people who will make you an offer and you will negotiate and agree your settlement with.

 

To some extent the County Court side is secondary, it’s just a means to force HSBC to look at your claim and be reasonable and responsible.

 

To do that you have to complete all of the Court paperwork on time and submit it, then it has to be processed by the court and assessed by a District Judge but at the end of the day the court will have nothing to do with your settlement. You will cancel your claim because you have reached a settlement with DG Solicitors (when the money is in the bank).

 

So all you can really do is nudge DG and try to get them to make you an offer.

 

pete

[Castlebest]

Hiya JK, its best to check these things, just to put your mind at rest.

 

pete

[Castlebest]

Hiya JK, I would give the court a quick call to find out about the allocation fee, Its actually still a part of the process, the Judge has still had to allocate your case even though you didn’t fill in a questionnaire.

Whether you need to pay it seems to depend on which county court is your local court, some are saying yes and some no but its best to check.

pete

[Castlebest]

Hiya JK, just a thought, might be worth phoning the court and telling them your due in hossy on the 11th, ask them what the chances of bringing your hearing forward a few days are.

 

If they say yes confirm it in writing and copy it to DG see if that will move them to offer

 

pete

[Castlebest]

Hiya JK, if you used the CAG spreadsheet all you need to do is confirm you have only claimed the proportion of interest which has been charged against the unlawful charges deducted from your account and therefore this is money which should never have been taken by HSBC.

 

pete

[Castlebest]

Hiya JK, good feeling aint it well done

 

pete