greengrocer vs HSBC

[greengrocer]

Hi all

 

I'm taking a holiday from the Capital One board to spend some quality time with HSBC. Worked out six year's worth of charges - £2k. Before I send the preliminary request for payment, I have a quick question:

 

Re the 6 year thing - does it go from the dates exactly, or the years? I mean, now it's Feb 07, can I claim back for Jan 2001? Or is that past the deadline? And, if that is past the deadline, is e.g. 10th Feb past the deadline too?

 

Thanks in advance, looking forward to spending time with y'all

 

GG

[VeryTrying]

I think the bank will play it that the date from which the six years counts is the date you take them to court. But there's no harm in listing them all, and presuming that the relevant date is the date on which you first wrote to them eg today, if you get your preliminary letter off to them now. Or even back to January, if you wish. They'll just tell you you're wrong. But it might be safer to stick to the rules, ie the date you first write to them.

 

However, if it's a significant amount of money beyond the six years, there are some threads where others have claimed this far back. Perhaps somebody else could advise which ones you should look at.

[greengrocer]

Thanks for that. I don't think it will be much more after the six years, as I've not had the account for much longer than that. But I would like to get January '01 in, as there's a £60 charge there - every little helps.

 

Rgds

GG

[Mr_Fen]

enter the total amount on this account, i have seen other posts on here that you can claim from the time 'you are aware' of the unlawful charges. quibbling over a few days after 6 years would annoy a judge in your favour if the banks 'actually' took you to court. Also its easier to remove it to be 'nice' than add it in later.

[greengrocer]

Well, here goes. First letter (prelim req for repayment) sent today. Amount=just over 2k. Let's see what happens. Wish me luck!

 

GG

[greengrocer]

Received letter dated 9th March "thanks for your letter, we're looking into it, we'll get back to you".

 

14 day deadline up last weekend. LBA will be sent out tomorrow.

 

GG

[nettyg]

good luck gg

[greengrocer]

Lost track a bit there. LBA sent today. And they've charged me another £25 in the meantime.

 

GG

[charliedog]

Hi gg - my LBA goes today too - looks like Mr Langdale will be a bsuy bee for long time !!!..Charliedog

[greengrocer]

good stuff! Let's hope they get so busy they just pay out without giving us hassle...!

[givememymoney]

Make sure that up to when you file for court that you keep adding any new charges onto your claim. Once you have filed for court you can't make any further changes to your claim without paying the £35 admin fee

[charliedog]

Yep - will do - did get arrangement fee [informal??] charge last month so added it onto my LBA charges schedule...still not sure about overdraft interest tho - on the date they apply the interest I have been in credit so there has been nothing to claim - but the charge is actually for e.g. 25th of the month to 27th of next month - so what balance do I use??? Help appreciated !!

[givememymoney]

You should find that if you enter the details correctly into the spreadsheet it should calculate it for you.

[lateralus]

i do understand what you are saying charliedog - but i don't see how you can put it in except by using the balance at the time of the charge. you might ask Bong that question - she is resident ace on the s/s questions.

[charliedog]

Thanks Lattie - I think it was a post from someone else I must have read where they said just use the figure from that charging period where you were in the red ...to accumulate the interest charges:roll:

[greengrocer]

Well well well. Received an offer today of £1700 (after LBA stage). Total claim £2100. They say they will not offer any more because some of the charges go back more than 6 years.

 

Can I just check something: My claim starts from Jan 2001. My Prelim request for payment was sent on 27 Feb. So, ok, those charges from Jan-Feb 2001 are beyond six years, and there's only a couple of them. But the rest? Surely they are within the time period.

 

Even if the whole of 2001 is taken out the claim only goes down by about £200. So I don't know where they got their £400 reduction for their offer from.

 

Do you think it's worth writing back to them stating this and asking for an increased offer? They want me to accept £1700 as full and final.

 

Cheers

GG

[lateralus]

you have a couple of options - write back and let them know you are interested in dealing - so maybe pick a figure half way between your claim and their offer and say - like - i don't think i can accept this offer but if you'd like to make me an offer of xxxx, i will consider accepting it (actually a round figure of 2k might be looked at - telling them you disagree with their assessment of your case but you know how busy they are and for the sake of argument... you'd accept 2k - on these charges - they will send something that means you can't file against these charges again);i'm betting you'd get 2k (just don't sign away your right to ever claim again)

or, you could just accept it

or, you could carry on and file your claim - you will be charged 120 but that is added to the claim - plus you will be adding 8% interest on to the claim but- you will be waiting along with all the others - my best guess is around 4 weeks for the defense to be filed and another 4 weeks or so of dg stalling though that's a broad generalisation.

[charliedog]

well well greengrocer - what have you got??? I sent my LBA same time as you and not even had reply yet!! And I sent it recorded to the one and only Mr Langdale...looks like I've got to go the MCOL route this week..perhaps its because my claim is for more you have claimed for - and when the 8% goes on it will be just over 5k...you are very lucky to have an offer after the LBA...but I'd still hang fire for the rest!!

[greengrocer]

Letter sent today asking for 2k. I'm giving them 10 days to reply. After that it's MCOL.

 

GG

[charliedog]

Good luck - as I aid perhaps they offer to pay out on claims under 5k ..not even had reply to LBA ...just wondering because the 8% is calculating every day it will soon take my claim to just below 6K - so MCOL hopefully is still route to take??....

[greengrocer]

No reply to my reply to their reply to my LBA. Emailed them today, just in case they want a little nudge. If they don't want a friendly nudge, they can have a less friendly one from MCOL at the end of the week.

 

GG

[charliedog]

As they have all said on the CAG - stick with it - there are loads of us waiting and all at different stages ...some get offers early- some don't - just believe in the power ..and if all else fails send crusher in!! lol:grin:

[greengrocer]

Ha. This is funny. Got a letter yesterday telling me that they still haven't received a reply from me and if I don't reply they'll consider the matter closed. Funny, that, seeing as I sent my reply recorded delivery (and got a signature confirmation) *and* sent an email too. A stalling tatic, perhaps?

 

Anyway, have replied, again. Will fill MCOL this week. They'll take notice of *that* reply, methinks.

 

GG

[greengrocer]

Received new offer today of £2k. This is only a little short of what I asked for originally, and is in agreement to what I asked for following their first offer. I plan to accept. I'll keep my wits about me until it's in my account, though.

 

Success!

 

GG

[lateralus]

have you already accepted?

did you file your mcol?

i'm thinking you'll get your money back for that plus that extra £25 charge they took off you with one more letter if you are game -

 

if you didn't already file the mcol - you could still get that extra 25 - but

if you are happy with what they are offering - then take it. you will have done it without actually filing a claim - that's cool.

and success it is!!!!

congratulations. if they mess you about paying up you cna still threaten to file the claim.