jk v HSBC ###won!###

[Janeykate]

Thanks Pete, will give the court a ring tomorrow.

[lateralus]

and while you have them on the phone - ask as it has been allocated into a track - is the allocation fee applicable - it really is a dog's dinner - some are charging it - some are not - best to ask and know for sure - if your claim is large it (over 1500) it may cost 100 to be allocated - and if you do have to pay it - just add it to your claim and it gives you something else to write to dg about in another nudge.

they really don't seem to know if it is required or not - but if they say no - ask the person's name and write it down along with date and time of the call - this is to cover you later if necessary.

[Janeykate]

Am getting really fed up now!! 3rd nudge posted today to dg.. phoned court, allocated to small claims.. nothing to do there as its a preliminary hearing??? what exactly does that mean!! does anyone think I'll get my money before then...??

[freakyleaky]

Hi jk, I totaly understand your frustration. I filed my claim on 24th feb, at the satge now where hearing set for 20th june. Sending my 3rd nudge to dg today after having no response to the first 2.

Reading all the other threads it seems like there is no logic to when they make offers. You will get it though! My next move is to give DG a call and just ask what is happening with my claim and why have they ignored my letters!

Don't lose heart, it will all be worth it in the end:)

[lateralus]

jk, did you ask the court about the aq fee?

[Janeykate]

Thanks freakyleaky.. spose we just gotta keep going.... will do same as you and give dg a call before sending out letter 4... Thankgod for CAG without this brilliant site I think I'd really start to lose heart by now...

 

Latty the aq has been dispensed with in my case,, so no didn't ask...just asked if there was anything I needed to bring to the hearing etc,, Was told if I hadn't been told to in the letter from the court then no I don't need to do anything....??

[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

[Janeykate]

Thanks pete.. will give court another call tomorrow,,, What would I do without you guys!

[stealther]

hey Janeykate

 

just subscribing to your thread as we are both at the same point! I've been sending the nudge letters too but with no reply from dg as yet - no court date either yet, even though both our claims were transferred at the same time! Strange...hopefully nothing to worry about - keep us updated!

[Janeykate]

Hi guys. just to keep you updated, rang court, apparantly no fee payable, have sent dg 4th nudge now...no response. must admit getting a bit twitchy, my claims pretty large and I really hope I get my money before prelim hearing on 14th June, I go into hosp on the 11th so really anxious coz if I do have to go I'll have to be pushed!!:-| literally!!

[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

[Janeykate]

Hi guys... Got an offer from dg today. offering over £1000 less than my claim. They saying that they won't pay the portion of overdraft interest and that if I want to persue that portion to confirm the calculation used, confirm the legal basis together with supporting case law. Help what should I do??

[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

[Janeykate]

Hi, have decided to cut some of my losses and run...... just need a bit of advice please

I believe hsbc should settle the amount from the date of my 1st letter to them even though this is beyond the 6 years (by 2 months = charges £83.50) Also as they've added another 375 in charges since my claim was lodged. I'm hoping they'l settle this and save me the bother of yet another claim!!?? pretty much need this money especially as big op coming up.

Please please any suggestion....

Response to settlement offer.

 

Dear dg

 

Thank you for your letter dated 24th may 2007 I accept your offer only as part payment as settlement of my claim and request that you consider the following

Referring to your 2nd paragraph. You say I have supplied details of charges passed to my account for a period in excess of 6 years, yes I have. You say they are limited by the provisions of the Limitations Act 1980. I do not believe they are. Taken from the Limitations Act 1980 (S14A), I have “three years from the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action”.

However in order to resolve this matter I am willing to accept the sum of £6693.67

This figure includes all charges levied on my account from the date of my first letter to hsbc dated 5th February., and also taking into consideration the further £375 taken in charges from my account between 2nd February 2007 to 5th April 2007. And includes Court cost of £250 I am willing to waive the overdraft interest as I am aware of my duty to mitigate my loss and am willing to settle this matter without the need for a hearing.

I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

I enclose a copy of my schedule of charges including the amounts levied on my account between the dates stated above…

I look forward to hearing from you

 

 

[jowalshy]

Sounds good to me. Its worth a try.

[Janeykate]

thanks jowelshy, hopefully they'l see the sense in paying up the extra charges,, save them money in the long run.. letter ready to post tomorrow, just a few changes, any advice?

 

Thank you for your letter dated 24th may 2007. I accept your offer only as part payment as settlement of my claim and request that you consider the following

Referring to your 2nd paragraph. You say I have supplied details of charges passed to my account for a period in excess of 6 years, yes I have. You say they are limited by the provisions of the Limitations Act 1980. I do not believe they are. Taken from the Limitations Act 1980 (S14A), I have “three years from the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action”.

However in order to resolve this matter I am willing to accept the sum of £6819.28

This figure includes all charges levied on my account from the date of my first letter to Hsbc dated 5th February and also takes into consideration, and to avoid a further claim on this account the amount of £375 taken in charges from my account between 2nd February 2007 to 5th April 2007 including 8% statutory interest. And includes Court cost of £250 I am willing to waive the overdraft interest as I am aware of my duty to mitigate my loss and am willing to settle this matter without the need for a hearing and to bring this matter to an end.

I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention.

I enclose a copy of my schedule of charges including the amounts levied on my account between the dates stated above…

I look forward to hearing from you

 

[lateralus]

it looks ok to me - put in the standard bits:

 

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

 

 

 

also - this is my answer (well it was bong's really) to the overdraft interest remark -

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and I am sure that this is not the first time you have been faced with someone claiming for it. Allow me to explain it to you.

Overdraft interest is applied to the whole overdraft, however if some of the overdraft is made up from unlawful (claimed) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable.

 

Allow me to give you an example of why claiming for overdraft interest is allowable: If the overdraft is £1,000 and the charges added up to £500, you would be able to reclaim half the overdraft interest, but its a moving figure; by that I mean that the charges haven't always totalled £500, if last year they totalled £400 you would be entitled to reclaim 40% of the overdraft interest and if when you made your claim the charges totalled £1,500, you would reclaim all the overdraft interest. The spreadsheet I used has worked out for me how much of the overdraft interest is reclaimable at the date of every charge.

 

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.

 

 

 

 

 

anyone else reading that - it is written with a hint (!) of sarcasm and no one reading it (except dg) should take any offense at it!

 

 

still it's up to you whether to go on - they can be very tetchy over it and drag it out or sometimes they just cave in and pay it out - it's up to you how much you want to fight it.

[Janeykate]

Thankyou latty.. will add in what you've said,, and see how it goes?? don't want to push it too far as court date is set for 14th june and really could do with money. Will let you know how I get on... especially if they agree to pay the charges I've added up until April??

[lotte123]

Good luck JK - hope you get the outcome you want! I'm feeling a bit more inspired after reading your thread

[Janeykate]

Hi folks,,, checked my bank account this morning and wow,, monies in there,,,, paid in full, the lot!!!! yippee,

 

Thankyou so much all you guys who offered me support and your advice I really could not have done this without you! Words cannot describe the relief in getting this money back and what it means,. I'll be making a donation if someone can tell me how?? CAG rules!!!

 

Now for Barclaycard!!

[freakyleaky]

Brilliant news JK. Well done and enjoy the money! I hope I will be in the same position before long!

[missworld32]

hi i have claimed successfully 2500 from the halifax and kept my bank account, i am now in the process of claiming 950 pound from hsbc for my brother , i claimed with mcol and the bank have now put a defence in and i can not do any more on line and hae to wait for a letter .HELP./..... what happens next....... :o

[jowalshy]

HI Missworld. The next thing that happens is that you will receive a notification from MCOl that your claim is being transfered to your local court. Once you have received this start nudging DG into a settlement. MCOL usually states that the AQ has been dispensed with but unfortunately your local court may still insist on this. Once you have received notification from MCOL and you haven't heard from your local court after a bout a week or so, give your local court a ring and ask:-

 

1. What is happening with your lcaim

2. Will AQ be needed

3. If no AQ will the AQ fee still need to be paid.

 

Also it would help others and yourself if you start your own thread. Go to main HSBC forum page and click on "new thread". It is top left of the main HSBC forum page just above the info posts.

[lateralus]

janeykate, well done on getting your money - that's so nice to hear.

if you could take a couple of minutes and do a couple of things - would be much appreciated -

1. write to the court now and tell them your claim number and that it has been resolved.

2. pm a moderator - garyh or hsbcrusher will be fine - tell them your details - your username, bank, amount claimed, date claimed, date settled and amount - this will go into a data base for use by members who have to file their court bundles

also mention to the moderator that you'd like your title changed to win and moved to the success claims.

3. to donate - - above the u-switch - there's a "please donate to keep this site alive "bar. just press it

well done, again.

enjoy the moment!

[jowalshy]

Hi Janeykete

 

WELL DONE

 

 

Also when you PM a moderator I think you need to put your claim reference number aswell.